Operational Instructions



Assessing excessive demand on social services for business class applicants - Operational Bulletins 037 – September 7, 2007

Background
In light of the Supreme Court decision in Hilewitz v. M.C.I. and de Jong v. M.C.I.  (both business class applicants), officers must evaluate all submissions made by business class applicants with respect to their intention and ability to attenuate the burden on publicly funded social services, before finding these persons or their dependants medically inadmissible for excessive demand on social services (EDSS). 
In Hilewitz and de Jong, the Supreme Court determined that all applicants are entitled to an individualized assessment of the likely demand their disability or impairment might place on social services. With respect to health services, the current practice appears to provide the requisite individualized assessment. However, in light of the fact that there is a private market for some social services and that some social services are means-tested, an individualized assessment for social services must include the likelihood of the business class applicants accessing those services. One must also consider the intentions and ability of these applicants to provide the required social services without availing themselves of publicly funded social services.
When assessing whether an individual is likely to create a cost-based excessive demand, the medical officer will compare the costs of anticipated health or social services for that individual against the average Canadian per capita health and social services costs.
The cost threshold is determined by multiplying the average Canadian per capita health and social services costs by the number of years used for the medical assessment window of the individual applicant (Regulatory Impact Analysis Statement – Section V, Vol. 136, June 14, 2002).
The definitions of “excessive demand” and “social services” are found in subsection 1(1) of the Immigration and Refugee Protection Regulations. The other sections of the Act and Regulations that apply are A16(2)(b), A38(1)(c), A42, R20 and R34.
Particular care should be paid to the definition of social services. As stated in the Regulations, “social services” are defined as any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services:
  • that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and
  • for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly funded agencies.
For additional information on the decision, please see the summary available in Annex 1. The decision itself can be found at: http://scc.lexum.umontreal.ca/en/2005/2005scc57/2005scc57.html
Given the changing nature of public services and excessive demand, officers may want to consult recent jurisprudence and should not hesitate to contact headquarters if they need assistance.
For further reading, please visit following webpage:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2007/ob037.asp

Monitoring terms and conditions on entrepreneurs selected under the Immigration Act, 1976 and issued a visa after the coming into force of the Immigration and Refugee Protection Act (IRPA) - Operational Bulletin 161 – November 5, 2009

Purpose
This bulletin instructs officers to resume the monitoring of Entrepreneurs selected under the Immigration Act, 1976 and issued a visa after the coming into force of the IRPA, subject to the terms and conditions outlined in section 23.1 of the Immigration Regulations (1978). Officers are also instructed to prepare A44  reports in cases of non-compliance with the terms and conditions of the former regulations, where warranted. Minister’s delegates may also resume referring reports to the Immigration Division (ID) of the Immigration and Refugee Board (IRB). 
It also specifies that all Quebec-selected entrepreneurs whose permanent resident visa was issued on or after June 28, 2002, are subject to the conditions of section 98 of the Immigration and Refugee Protection Regulations (IRPR).
For further reading, please visit following webpage:

Federal Immigrant Investor Program Applications: Administrative Pause - Operational Bulletin 213 - June 28, 2010

Purpose/Issue
An administrative pause for applications under the federal Immigrant Investor Program (IIP) took effect June 26, 2010.
Background
The IIP seeks to attract experienced business people to invest in Canada’s economy.
The volume of applications made under the federal IIP has grown exponentially in recent years. This recent surge in federal IIP applications has resulted in a growing inventory and increased processing times, both of which threaten Canada’s ability to remain competitive with other countries in attracting highly mobile, high net worth individuals to invest in Canada’s economy.
Proposed regulatory amendments to the federal IIP, anticipated to come into force in Fall 2010, will increase the investment and personal net worth thresholds of the IIP. These regulatory changes are intended to reduce the volume of incoming applications, refocus the program criteria to better attract higher quality applicants and facilitate efforts to draw down the existing federal IIP inventory.
In order to stem the flow of federal IIP applications until such time as the proposed regulatory amendments come into force, an administrative pause on new applications is being implemented through Ministerial Instructions.
For further reading, please visit following webpage:

Regulatory and Administrative Changes to the Federal Immigrant Investor Program - Operational Bulletin 252 - December 2, 2010

Issue
This Operational Bulletin is to inform officers of regulatory and administrative changes to the federal Immigrant Investor Program (IIP) which took effect on December 1, 2010.
Background
The IIP seeks to attract experienced business people to invest in Canada’s economy.
The volume of applications made under the federal IIP has grown exponentially in recent years, resulting in a growing inventory and increased processing times, both of which threaten program sustainability.
In order to temporarily stem the flow of federal IIP applications, an administrative pause on new applications under the federal IIP was implemented on June 26, 2010, through Ministerial Instructions.
At the same time, proposed regulatory amendments to the definition of “investor” and “investment” in section 88 of the Immigration and Refugee Protection Regulations (IRPR) were pre-published in the Canada Gazette. These proposed regulatory amendments, which increase the threshold requirements for both personal net worth and investment, have been approved and came into force on December 1, 2010.
The Canada-Québec Accord requires the governments of Canada and Québec to consult each other on changes to their personal net worth and investment amounts under the federal IIP and the Québec investor program. Under the Accord, both parties have agreed to harmonize their standards and practices in the implementation of their respective IIP and, effective December 1, 2010, the personal net worth and investment amounts for Québec-selected investors are the same as those under the regulatory amendments to section 88 of the IRPR. Québec continues to be responsible for the selection of investors destined to Québec.
These regulatory amendments, coupled with the administrative measures outlined below, are intended to refocus the program on applicants who can make a greater economic contribution to Canada and facilitate efforts to draw down the existing federal IIP inventory.
For further reading, please visit following webpage:

Business Class Applicants: Proof of Language Proficiency - Operational Bulletin 301 - April 14, 2011

Issue
On March 16, 2011, the Immigration and Refugee Protection Regulations were amended to remove reference to the option to provide other written evidence from subsection 79(1) and paragraph 87.1(2)(b).
Business class applicants (investors, entrepreneurs and self-employed persons) must now support their stated official language proficiency by submitting the results of a designated third-party language test should they wish to claim points for language proficiency.
Background
The underlying procedural change to mandatory language testing as conclusive proof of an applicant’s language proficiency was recently implemented through updated Ministerial Instructions published in the Canada Gazette on June 26, 2010.
Those instructions required that, as of June 26, 2010, all Federal Skilled Worker (FSW) and Canadian Experience Class (CEC) principal applicants submit a valid language test at the time of their application in order to be eligible for processing.
The regulatory amendment, which came into force on March 16, 2011, serves to ensure consistency between the legislation and the language test requirements implemented through Ministerial Instructions for FSW and CEC applicants, and extends the requirement to demonstrate language proficiency through a valid language test to business class applicants who formerly had the option to provide other written evidence.
For further reading, please visit following webpage:

Updated Ministerial Instructions: Temporary Moratorium on Federal Entrepreneur Class Applications - Operational Bulletin 319 - June 27, 2011

Summary
Effective July 1, 2011, a temporary moratorium on new applications has been placed on this program. Instructions are given to the field on what to do with applications received before and after this date.
Issue
The third set of Ministerial Instructions (MI-3), which come into force on July 1, 2011, introduces a temporary moratorium on accepting new applications under the federal Entrepreneur Program.
For further reading, please visit following webpage:

Updated Ministerial Instructions: Centralized intake of applications under the federal Immigrant Investor Program - Operational Bulletin 320 - June 27, 2011

Summary
Effective July 1, 2011, a cap of 700 new Immigrant Investor Program (IIP) applications will be considered for processing each year and all applications must be submitted to the Centralized Intake Office (CIO) in Sydney, Nova Scotia. Instructions are given to the field on what to do with applications received before and after this date.
Issue
The third set of Ministerial Instructions (MI-3), which comes into force on July 1, 2011, includes changes to the federal IIP.
For further reading, please visit following webpage:

Entrepreneur Terms and Conditions - Operational Bulletin 360 - November 17, 2011

Summary
As of February 1, 2012, active monitoring of terms and conditions (Ts and Cs) for entrepreneurs under section 98 of the Immigration and Refugee Protection Regulations (IRPR) will cease.
Background
As part of Citizenship and Immigration Canada’s (CIC’s) Strategic Review, a decision was made to make regulatory changes to no longer impose and monitor Ts and Cs on entrepreneur class immigrants in favour of a proposal for a more rigorous up-front assessment. Regulatory changes regarding the imposition and monitoring of Ts and Cs, however, have been put on hold pending a program review that is currently in progress.
On June 27, 2011, Operational Bulletin 319 - Updated Ministerial Instructions: Temporary Moratorium on Federal Entrepreneur Class Applications announced a moratorium on new applications under the federal entrepreneur class. In conjunction with this moratorium, and in line with the Strategic Review decision, CIC has decided to end the active monitoring of Ts and Cs until such time as the program review is complete.
For further reading, please visit following webpage:

Centralized Intake of Federal Self-employed Persons Class and Quebec Business Class Applications - Operational Bulletin 430 - May 31, 2012

Issue
Effective May 29, 2012, all applications for permanent residence in the Federal Self-employed Persons Class and the Quebec Business Class must be submitted to the Centralized Intake Office (CIO) in Sydney, Nova Scotia. Quebec Business Class includes Quebec selected Entrepreneur, Investor and Self-Employed applications.
Background
Centralized intake of Federal Self-employed and Quebec Business applications will add to the business lines already centralized at the CIO: Federal Skilled Workers (November 2008), Federal Immigrant Investors (July 2011), Provincial Nominee (December 2011), Quebec Skilled Workers (December 2011), and Canadian Experience Class (December 2011).
For further reading, please visit following webpage:

Fifth Set of Ministerial Instructions: Temporary Pause on Certain Federal Skilled Worker and on Federal Immigrant Investor Applications - Operational Bulletin 438 - June 29, 2012

Summary
Effective July 1, 2012, a temporary pause has been placed on new applications under the Federal Skilled Worker Program (FSWP), excluding those applications received under the PhD eligibility stream and those with a qualifying offer of Arranged Employment (AE). A temporary pause has also been placed on new applications under the federal Immigrant Investor Program (IIP).
Issue
This Operational Bulletin (OB) provides guidance on processing FSWP and IIP applications under the fifth set of Ministerial Instructions (MI-5) which come into force on July 1, 2012. Instructions are provided with respect to FSWP and federal IIP applications received before and after this date.
Background
On June 18, 2008, the Immigration and Refugee Protection Act was amended to give the Minister of Citizenship and Immigration the authority to issue instructions that will ensure applications are processed in a manner that, in the Minister’s opinion, will best meet the immigration goals set by the Government of Canada.
MI-5 came into force on July 1, 2012, and includes changes to the following immigration categories:
    • Federal Skilled Worker Class: A temporary pause on new applications in this class, except for those applications made under the PhD eligibility stream and those with qualifying offer of Arranged Employment.
    • Federal Immigrant Investor Class: A temporary pause on new applications in this class.
These temporary pauses in accepting new applications will remain in effect until otherwise indicated in a future Ministerial Instruction.
As per Instructions that came into force on July 1, 2011, a temporary pause remains in place for all new applications in the Federal Entrepreneur Class. A temporary pause also remains in place for all new sponsorship applications for parents and grandparents in the Family Class as per instructions that came into force on November 5, 2011.
The full MI-5 text is available at the Canada Gazette website.
For further reading, please visit following webpage:


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