88. (1) The definitions in this subsection apply in this Division.

“agent” means, in respect of a fund, the Minister acting as an agent on behalf of a fund that has been approved by a province. (mandataire)

“allocation period” means, in respect of the provincial allocation of an investor, the period of five years beginning on the first day of the second month after the month in which the agent receives the investment. (période de placement)

“approved fund” means a fund that is approved by the Minister under section 91. (fonds agréé)

“business experience”, in respect of

(a) an investor, other than an investor selected by a province, means a minimum of two years of experience consisting of

(i) two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application,

(ii) two one-year periods of experience in the management of at least five full-time job equivalents per year in a business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, or

(iii) a combination of a one-year period of experience described in subparagraph (i) and a one-year period of experience described in subparagraph (ii);

(b) an entrepreneur, other than an entrepreneur selected by a province, means a minimum of two years of experience consisting of two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application; and

(c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. (expérience dans l'exploitation d'une entreprise)

“debt obligation” has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. (titre de créance)

“entrepreneur” means a foreign national who

(a) has business experience;

(b) has a legally obtained minimum net worth; and

(c) provides a written statement to an officer that they intend and will be able to meet the conditions referred to in subsections 98(1) to (5). (entrepreneur)

“entrepreneur selected by a province” means an entrepreneur who

(a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of entrepreneurs; and

(b) is named in a selection certificate issued to them by that province. (entrepreneur sélectionné par une province)

“former Regulations” has the same meaning as in subsection 316(1). (ancient règlement)

“full-time job equivalent” means 1,950 hours of paid employment. (équivalent d'emploi à temps plein)

“fund” means a corporation that is controlled by the government of a province and is authorized to create or continue employment in Canada in order to foster the development of a strong and viable economy. (fonds)

“investment” means, in respect of an investor, a sum of $400,000 that

(a) in the case of an investor other than an investor selected by a province, is paid by the investor to the agent for allocation to all approved funds in existence as of the date the allocation period begins and that is not refundable during the period beginning on the day a permanent resident visa is issued to the investor and ending at the end of the allocation period; and

(b) in the case of an investor selected by a province, is invested by the investor in accordance with an investment proposal within the meaning of the laws of the province and is not refundable for a period of at least five years, as calculated in accordance with the laws of the province. (placement)

“investor” means a foreign national who

(a) has business experience;

(b) has a legally obtained net worth of at least $800,000; and

(c) indicates in writing to an officer that they intend to make or have made an investment. (investisseur)

“investor selected by a province” means an investor who.

(a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of investors; and

(b) is named in a selection certificate issued to them by that province. (investisseur sélectionné par une province)

“minimum net worth” means

(a) in respect of an entrepreneur, other than an entrepreneur selected by a province, $300,000; and

(b) in respect of an entrepreneur selected by a province, the minimum net worth required by the laws of the province. (avoir net minimal)

“net assets”, in respect of a qualifying business or a qualifying Canadian business, means the assets of the business, minus the liabilities of the business, plus shareholder loans made to the business by the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. (actif net)

“net income”, in respect of a qualifying business or a qualifying Canadian business, means the after tax profit or loss of the business plus remuneration by the business to the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. (revenu net)

“net worth”, in respect of

(a) an investor, other than an investor selected by a province, means the fair market value of all of the assets of the investor and their spouse or common-law partner minus the fair market value of all of their liabilities;

(b) an entrepreneur, other than an entrepreneur selected by a province, means the fair market value of all of the assets of the entrepreneur and their spouse or common-law partner minus the fair market value of all of their liabilities; and

(c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. (avoir net)

“percentage of equity” means

(a) in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

(b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

(c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

“provincial allocation” means the portion of an investor's investment in an approved fund calculated in accordance with subsection (2). (quote-part provinciale)

“qualifying business” means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, during the year under consideration, there is documentary evidence of any two of the following:

(a) the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;

(b) the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000;

(c) the percentage of equity multiplied by the net income in the year is equal to or greater than $50,000; and

(d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. (entreprise admissible)

“qualifying Canadian business” means a business operated in Canada by an entrepreneur — other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains — for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:

(a) the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year;

(b) the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000;

(c) the percentage of equity multiplied by the net income in the year is equal to or greater than $25,000; and

(d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. (entreprise canadienne admissible)

“relevant experience”, in respect of

(a) a self-employed person, other than a self-employed person selected by a province, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of

(i) in respect of cultural activities,

(A) two one-year periods of experience in self-employment in cultural activities,

(B) two one-year periods of experience in participation at a world class level in cultural activities, or

(C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),

(ii) in respect of athletics,

(A) two one-year periods of experience in self-employment in athletics,

(B) two one-year periods of experience in participation at a world class level in athletics, or

(C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and

(iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm; and

(b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (expérience utile)

“self-employed person” means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. (travailleur autonome)

“self-employed person selected by a province” means a self-employed person

(a) who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of self-employed persons; and

(b) is named in a selection certificate issued to them by that province. (travailleur autonome sélectionné par une province)

“specified economic activities”, in respect of

(a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and

(b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (activités économiques déterminées)

(2) For the purposes of the definition “provincial allocation” in subsection (1), the provincial allocation shall be calculated as of the first day of the allocation period in accordance with the formula

A + B

where

A equals $200,000 divided by the number of approved funds that are not suspended; and

B equals $200,000 multiplied by the gross domestic product at market prices of the province that has approved the non-suspended fund, divided by the total of the gross domestic products at market prices of all of the provinces that have approved a non-suspended fund.

(3) For the purposes of subsection (2), the gross domestic product is the one for the calendar year before the calendar year that immediately precedes the date of provincial allocation, as set out in the table entitled "Provincial accounts GDP at market prices by province (millions of dollars)" in the Canadian Economic Observer Historical Statistical Supplement, published by Statistics Canada.

SOR/2003-383, s. 4; SOR/2004-167, s. 31.

89. For the purposes of this Division, an investor, an entrepreneur and a self-employed person are not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions the purpose of which is to circumvent, directly or indirectly, the requirements of this Division.

90. (1) For the purposes of subsection 12(2) of the Act, the investor class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are investors within the meaning of subsection 88(1).

(2) If a foreign national who makes an application as a member of the investor class is not an investor within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

91. The Minister shall approve a fund if

(a) the fund has been approved by a province;

(b) the province provides documentation to the Minister stating that, if the fund fails to transfer the provincial allocation to the agent in accordance with paragraph 92(g), the province will be liable to transfer to the agent an amount equal to the provincial allocation in order to repay the investor in accordance with paragraph 92(i);

(c) the fund will be the only non-suspended approved fund in the province; and

(d) the fund has entered into an agreement with the Minister designating the Minister as agent for the purpose of

(i) receiving the provincial allocation and keeping it until the beginning of the allocation period, unless the provincial allocation is repaid under paragraph 92(b),

(ii) transferring the provincial allocation to the approved fund at the beginning of the allocation period in accordance with paragraph 92(d), unless the approval of the fund is suspended under subsection 93(1),

(iii) preparing and delivering to the investor a debt obligation and notifying the investor of the date of receipt of the investment at the beginning of the allocation period in accordance with paragraph 92(e),

(iv) receiving the provincial allocation transferred by the approved fund at the end of the allocation period in accordance with paragraph 92(g),

(v) if the approved fund fails to transfer the provincial allocation under paragraph 92(g), receiving the provincial allocation from the province in accordance with paragraph 92(h), and

(vi) repaying the provincial allocation to the investor in accordance with paragraph 92(i).

92. An approved fund is subject to the following terms and conditions:

(a) it must receive the provincial allocation through the agent;

(b) it must repay the provincial allocation through the agent to the investor within 90 days after the date of receipt by the agent of the request for repayment by the investor, if the request for repayment is received before a permanent resident visa is issued to the investor;

(c) it must repay the provincial allocation to the agent within 30 days after the agent informs the fund that the investor has chosen to withdraw their investment before the issuance of a permanent resident visa;

(d) if the approval of the fund has not been suspended, it must receive the provincial allocation through the agent on the first day of the allocation period;

(e) when it receives the provincial allocation it must

(i) on the first day of the allocation period, issue to the investor, through the agent, a debt obligation that is in an amount equal to the provincial allocation, is due and payable 30 days after the expiry of the allocation period, can be pledged as security and cannot be transferred before the expiry of the allocation period without the written consent of the approved fund provided by the agent, and

(ii) notify the investor through the agent of the date of receipt of the provincial allocation;

(f) during the allocation period, it must use the provincial allocation for the purpose of creating or continuing employment in Canada to foster the development of a strong and viable economy;

(g) at the end of the allocation period, it must transfer the provincial allocation to the agent for repayment in accordance with paragraph (i);

(h) if the approved fund fails to transfer the provincial allocation to the agent under paragraph (g), the province must transfer an amount equal to the provincial allocation to the agent for repayment in accordance with paragraph (i); and

(i) 30 days after the expiry of the allocation period, the agent must repay the provincial allocation to the investor thereby extinguishing the debt obligation in respect of that provincial allocation.

SOR/2004-167, s. 32.

93. (1) The Minister shall suspend the approval of a fund if

(a) the province that approved the fund withdraws its approval;

(b) the fund no longer qualifies as a fund within the meaning of subsection 88(1);

(c) the documentation provided by the province to the Minister in accordance with paragraph 91(b) is no longer valid and no valid documentation has been provided by the province to replace it;

(d) the agreement between the fund and the Minister referred to in paragraph 91(d) is no longer valid; or

(e) the fund is not in compliance with the terms and conditions set out in section 92.

(2) The Minister shall lift the suspension if the circumstances that gave rise to the suspension cease to exist.

94. The Minister shall revoke the approval of a fund if

(a) the approved fund has repaid the provincial allocation to all of its investors; and

(b) the approval of the fund has been suspended.

95. Every approved fund must submit to the Minister, until all investors in that fund have been repaid in accordance with paragraph 92(i), the following periodic reports for the purpose of demonstrating compliance with paragraph 92(f):

(a) a quarterly report on the use of provincial allocations, including

(i) the names of the recipients of the portion of the provincial allocations invested,

(ii) a description of and the terms of the security received for that investment,

(iii) the date on which the portion of the provincial allocations is invested,

(iv) the date on which the portion of the provincial allocations invested is recovered by the approved fund,

(v) a brief description of the use of the portion of the provincial allocations invested,

(vi) the number of full-time job equivalents created by the portion of the provincial allocations invested, and

(vii) the code for each recipient of the investment as set out in the Canadian Standard Industrial Classification for Companies and Enterprises, 1980; and

(b) audited annual financial statements for the approved fund, submitted within 180 days after the end of each financial year.

96. A foreign national who is an investor selected by a province shall not be assessed in accordance with section 102.

SOR/2004-167, ss. 33, 80(F).

97. (1) For the purposes of subsection 12(2) of the Act, the entrepreneur class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are entrepreneurs within the meaning of subsection 88(1).

(2) If a foreign national who makes an application as a member of the entrepreneur class is not an entrepreneur within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

98. (1) Subject to subsection (2), an entrepreneur who becomes a permanent resident must meet the following conditions:

(a) the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;

(b) the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and

(c) the entrepreneur must create at least one incremental full-time job equivalent in the qualifying Canadian business for Canadian citizens or permanent residents, other than the entrepreneur and their family members.

(2) If at the time an entrepreneur selected by a province provides the written statement referred to in paragraph (c) of the definition “entrepreneur” in subsection 88(1) the province has established the conditions required to be met by such an entrepreneur, that statement must refer to those conditions instead of the conditions set out in subsection (1) and the entrepreneur must meet those conditions instead of the conditions set out in subsection (1).

(3) The entrepreneur must meet the conditions for a period of at least one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.

(4) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.

(5) An entrepreneur must provide to an officer

(a) not later than six months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and

(b) during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.

(6) The family members of an entrepreneur are subject to the condition that the entrepreneur meets the conditions set out in this section.

SOR/2004-167, s. 34.

99. A foreign national who is an entrepreneur selected by a province shall not be assessed in accordance with section 102.

SOR/2004-167, ss. 35, 80(F).

100. (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within the meaning of subsection 88(1).

(2) If a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

101. A foreign national who is a self-employed person selected by a province shall not be assessed in accordance with section 102.

SOR/2004-167, ss. 36, 80(F).

102. (1) For the purpose of determining whether a foreign national, as a member of the investor class, the entrepreneur class or the self-employed persons class, and the foreign national's family members will be able to become economically established in Canada, an officer shall assess that foreign national on the basis of the following factors:

(a) age, in accordance with section 81, on the same basis as for skilled workers;

(b) education, in accordance with section 78, on the same basis as for skilled workers;

(c) proficiency in the official languages of Canada, in accordance with section 79, on the same basis as for skilled workers;

(d) experience, in accordance with section 103; and

(e) adaptability, in accordance with section 104 in the case of a member of the investor class or the entrepreneur class, and in accordance with section 105 in the case of a member of the self-employed persons class.

(2) A foreign national who is assessed on the basis of the factors set out in paragraphs (1)(a) to (e) shall be awarded the applicable number of assessment points for each factor set out in the provision referred to in each of those paragraphs, subject to the maximum number set out in that provision for that factor.

SOR/2004-167, s. 37.

103. (1) A member of the investor class shall be awarded assessment points up to a maximum of 35 points for business experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

(a) for two one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition “business experience” in subsection 88(1) or for a combination of two one-year periods of such experience, 20 points;

(b) for three one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition “business experience” in subsection 88(1) or for any combination of three one-year periods of such experience, 25 points;

(c) for four one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition “business experience” in subsection 88(1) or for any combination of four one-year periods of such experience, 30 points; and

(d) for five one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition “business experience” in subsection 88(1) or for any combination of five one-year periods of such experience, 35 points.

(2) A member of the entrepreneur class shall be awarded assessment points up to a maximum of 35 points for business experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

(a) for two one-year periods of experience described in paragraph (b) of the definition “business experience” in subsection 88(1), 20 points;

(b) for three one-year periods of experience described in paragraph (b) of the definition “business experience” in subsection 88(1), 25 points;

(c) for four one-year periods of experience described in paragraph (b) of the definition “business experience” in subsection 88(1), 30 points; and

(d) for five one-year periods of experience described in paragraph (b) of the definition “business experience” in subsection 88(1), 35 points.

(3) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

(a) 20 points for

(i) two one-year periods of experience described in clause (a)(i)(A) or (B) of the definition “relevant experience” in subsection 88(1) or a combination of two one-year periods of such experience,

(ii) two one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition “relevant experience” in subsection 88(1) or a combination of two one-year periods of such experience, or

(iii) two one-year periods of experience described in subparagraph (a)(iii) of the definition “relevant experience” in subsection 88(1);

(b) 25 points for

(i) three one-year periods of experience described in clause (a)(i)(A) or (B) of the definition “relevant experience” in subsection 88(1) or any combination of three one-year periods of such experience,

(ii) three one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition “relevant experience” in subsection 88(1) or any combination of three one-year periods of such experience, or

(iii) three one-year periods of experience described in subparagraph (a)(iii) of the definition “relevant experience” in subsection 88(1);

(c) 30 points for

(i) four one-year periods of experience described in clause (a)(i)(A) or (B) of the definition “relevant experience” in subsection 88(1) or any combination of four one-year periods of such experience,

(ii) four one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition “relevant experience” in subsection 88(1) or any combination of four one-year periods of such experience, or

(iii) four one-year periods of experience described in subparagraph (a)(iii) of the definition “relevant experience” in subsection 88(1); and

(d) 35 points for

(i) five one-year periods of experience described in clause (a)(i)(A) or (B) of the definition “relevant experience” in subsection 88(1) or any combination of five one-year periods of such experience,

(ii) five one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition “relevant experience” in subsection 88(1) or any combination of five one-year periods of such experience, or

(iii) five one-year periods of experience described in subparagraph (a)(iii) of the definition “relevant experience” in subsection 88(1).

SOR/2004-167, s. 38.

104. A member of the investor class or the entrepreneur class shall be awarded assessment points up to a maximum of six points for adaptability on the basis of the following elements:

(a) for a business exploration trip to Canada in the period beginning five years before the date of their application for a permanent resident visa and ending on the day on which a determination is made in respect of the application, 6 points; and

(b) for participation in joint federal-provincial business immigration initiatives, 6 points.

105. (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements:

(a) for the educational credentials of the member's accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

(b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points;

(c) for any previous period of work in Canada by the member, 5 points; and

(d) for being related to a person living in Canada who is described in subsection (5), 5 points.

(2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows:

(a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

(b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

(c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

(3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

(4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

(5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if

(a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

(i) their father or mother,

(ii) the father or mother of their father or mother,

(iii) their child,

(iv) a child of their child,

(v) a child of their father or mother,

(vi) a child of the father or mother of their father or mother, other than their father or mother, or

(vii) a child of the child of their father or mother; or

(b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada.

SOR/2004-167, s. 39.

106. The requirement with respect to a person who is a family member of a member of the investor class, the entrepreneur class or the self-employed persons class who makes an application under Division 6 of Part 5 for a permanent resident visa is that the person is, in fact, a family member of the applicant.

107. A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the investor class, the entrepreneur class or the self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

108. (1) Subject to subsection (5), if a foreign national makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class for a permanent resident visa, an officer shall issue the visa to the foreign national and their accompanying family members if

(a) the foreign national and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act and these Regulations;

(b) where the foreign national and their accompanying family members intend to reside in a place in Canada other than a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (2), (3) or (4), as the case may be, and, if they are a member of the investor class, they have made an investment; and

(c) where the foreign national and their accompanying family members intend to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province and, if the foreign national is a member of the investor class, they have made an investment.

(2) The Minister shall fix and make available to the public the minimum number of points required of an investor, on the basis of

(a) the number of applications made by members of the investor class currently being processed;

(b) the number of investors projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

(c) the potential, taking into account economic and other relevant factors, for the establishment of investors in Canada.

(3) The Minister shall fix and make available to the public the minimum number of points required of an entrepreneur, on the basis of

(a) the number of applications by members of the entrepreneur class currently being processed;

(b) the number of entrepreneurs projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

(c) the potential, taking into account economic and other relevant factors, for the establishment of entrepreneurs in Canada.

(4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of

(a) the number of applications by members of the self-employed persons class currently being processed;

(b) the number of self-employed persons projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

(c) the potential, taking into account economic and other relevant factors, for the establishment of self-employed persons in Canada.

(5) A permanent resident visa shall not be issued to an investor selected by a province, or to that investor's accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.

SOR/2004-167, s. 40.

109. (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national's ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

(2) An evaluation made under subsection (1) requires the concurrence of a second officer.

109.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class are hereby prescribed as classes of persons who are transitional investors, transitional entrepreneurs or transitional self-employed persons, respectively, and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

(2) A foreign national is a transitional investor, a transitional entrepreneur or a transitional self-employed person if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as an investor, an entrepreneur or a self-employed person, respectively, within the meaning of subsection 2(1) of those Regulations that was

(a) refused after March 31, 2003 and before June 20, 2003; or

(b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

SOR/2003-383, s. 5.

109.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

(2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 109.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

SOR/2003-383, s. 5.

109.3 For the purpose of determining whether

(a) a transitional investor, as a member of the transitional federal investor class, will be able to become economically established in Canada, they must be

(i) an investor within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an investor, or

(ii) an investor within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the investor class;

(b) a transitional entrepreneur, as a member of the transitional federal entrepreneur class, will be able to become economically established in Canada, they must be

(i) an entrepreneur within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an entrepreneur, or

(ii) an entrepreneur within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the entrepreneur class; and

(c) a transitional self-employed person, as a member of the transitional federal self-employed persons class, will be able to become economically established in Canada, they must be

(i) a self-employed person within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for a self-employed person, or

(ii) a self-employed person within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the self-employed persons class.

SOR/2003-383, s. 5.

109.4 The requirement with respect to a person who is a family member of a transitional investor, a transitional entrepreneur or a transitional self-employed person who makes an application under Division 6 of Part 5 for a permanent resident visa is that the person is, in fact, a family member of the transitional investor, transitional entrepreneur or transitional self-employed person, as the case may be.

SOR/2003-383, s. 5.

109.5 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

SOR/2003-383, s. 5.