Regulations Amending the Immigration and Refugee Protection Regulations (Provincial Nominee Program Assessment Roles): SOR/2026-63
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
Replaces IRPR subsections 87(2) to (4) to assign provincial and territorial governments the sole responsibility to evaluate a candidate's "ability to become economically established" and "intention to reside" in the nominating province, removing federal officer substitution/override on these specific criteria.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
Protection Regulations (Provincial Nominee Program) under subsections 5(1) and 14(2)footnote a of the Immigration and Refugee Protection Act footnote b. Regulations Amending the Immigration and Refugee Protection Regulations (Provincial Nominee Program) Amendments 1 (1) Subsections 87(2) to (4) of the Immigration and Refugee Protection Regulations footnote 1 are replaced by the following: Member of class (2) Subject to subsection (5), a foreign national is a member of the provincial nominee class if they are named in a nomination certificate that is (a) issued by the government of a province under a provincial nomination agreement that is in force between that province and the Minister at the time of nomination; (b) made in accordance with the provincial selection criteria that have been approved in writing by the Minister; and (c) made on the basis of the foreign national’s ability to become economically established in Canada and their intention to reside in the province that has nominated them. Evaluation by province (3) The government of a province that issues the nomination certificate has the sole responsibility to evaluate, according to the provincial selection criteria that have been approved in writing by the Minister, both the foreign national’s ability to become economically established in Canada and their intention to reside in that province. (2) The Regulations are amended by replacing “paragraph (2)(a)” with “subsection (2)” in the following provisions: (a) the portion of subsection 87(5) before paragraph (a); and (b) subsection 87(10). Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Immigration is a shared federal and provincial … Amendments replace the criteria for membership in the Provincial Nominee Class, including the authority of a federal officer to substitute an assessment by the province or territory for their own assessment, with criteria that require the candidate to be named in a nomination certificate that is issued by the province under a PNP agreement between the Minister and the province; made as per selection criteria approved by the Minister; and made based on the person’s ability to economically establish in Canada and their intent to live in the nominating province. The Amendments also establish that the … is one wherein responsibility for assessing candidates under the PNP would continue to be shared between PTs and IRCC. The baseline scenario is then compared with the regulatory scenario, in which PTs will be solely responsible for the assessment of the two criteria that constitute eligibility in the Provincial Nominee Class. This would not represent increased effort for PTs, but rather simply removes duplication of efforts by IRCC. The costs and benefits of the Amendments are monetized for 10 periods of 12 months (2026 to 2035) and are expressed in 2023 dollars. The Amendments result in both … differential impacts expected on applications from diverse populations. Implementation, compliance and enforcement, and service standards Implementation The Amendments come into force on the day on which they are registered. PTs will continue to assess a candidate’s “ability to economically establish” and “intent to reside” as part of their nomination assessment. IRCC’s assessment will focus solely on confirming that the applicants have been determined by the PT to meet eligibility criteria as prescribed in the regulations, and are admissible to Canada. The Amendments will apply to new cases that are …
Government of CanadaCanada Gazette, Part II, Volume 160, Number 7, SOR/2026-63 (2026-03-30).; SOR/2026-63, Canada Gazette, Part II, Vol. 160, No. 7.Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2026/2026-04-08/html/sor-dors63-eng.htmlReview method
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