GOVERNMENT NOTICES
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Updated Ministerial Instructions
Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act (IRPA), that the Minister of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
Overview
Authority for these Ministerial Instructions is derived from section 87.3 of the IRPA. Instructions are directed to officers and the Minister’s delegates who are charged with handling and/or reviewing applications for permanent or temporary visas to enter Canada.
The Instructions are consistent with the IRPA objectives as laid out in section 3 of the Act and are compliant with the Canadian Charter of Rights and Freedoms.
The Instructions do not apply to refugees or protected persons or persons making a request on humanitarian or compassionate grounds from within Canada.
The Instructions respect all previously established accords and agreements, including the Quebec-Canada Accord, and all existing agreements with provinces and territories.
These Ministerial Instructions identify eligibility criteria for applications and requests for certain immigration categories. Applications meeting these criteria are eligible for processing under these Instructions.
These Instructions will come into force on May 1, 2014, and apply to applications received by designated Citizenship and Immigration Canada (CIC) offices on or after May 1, 2014.
All applications received by designated CIC offices prior to May 1, 2014, shall continue to be considered for processing according to the Ministerial Instructions in place at the time of their receipt.
Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department.
Economic Class Applications
These Instructions are intended to manage the processing of new applications received for the Federal Skilled Worker Class, Federal Skilled Trades Class, and Canadian Experience Class in order to help address key labour market pressures faced by the Canadian economy while enabling CIC to prepare for the introduction of a new application management system.
Federal Skilled Worker Class
Cap on the number of applications to be processed
A maximum of 25 500 new complete applications submitted for the Federal Skilled Worker Class, without an offer of arranged employment, will be considered for processing for the period of May 1, 2014, to April 30, 2015, unless otherwise indicated in a future Ministerial Instruction. The maximum of 25 500 new complete applications is allocated as follows:
1. A maximum of 25 000 applications will be considered for processing under an occupation list stream. Within the 25 000 cap, a maximum of 1 000 applications submitted for each eligible occupation set out below will be considered for processing; and
2. A maximum of 500 applications will be considered for processing under a PhD student/graduate stream.
For further clarity, there is no limit on the number of new applications with offers of arranged employment that will be considered for processing.
In calculating the caps, applications will be considered in order of the date they are received. Applications received on the same date will be considered for processing having regard to routine office procedures.
Instructions for processing Federal Skilled Worker Class applications
In order to be included under the caps and considered for processing, applications must be completed according to the application kit requirements in place at the time the application is received by the designated office and must meet the criteria set out below.
Complete Federal Skilled Worker applications received by the Centralized Intake Office in Sydney, Nova Scotia, on or after May 1, 2014, whose applicants meet the language threshold for the Federal Skilled Worker Class as set by the Minister pursuant to subsection 74(1) of the Immigration and Refugee Protection Regulations (IRPR), in each of the four language abilities (speaking, oral comprehension, reading, writing); (see footnote 1) that provide evidence of the applicant having at least 1 year of continuous, full-time or equivalent part-time, paid work experience acquired in the last 10 years in the primary skilled occupation as specified in the application; (see footnote 2) and that do not exceed the caps set out above, shall be placed into processing if they meet one of the following three criteria:
1. Offer of arranged employment stream: Applications submitted with a qualifying offer of arranged employment as described in subsection 82(1) and consistent with the requirements of subsection 82(2) of the IRPR.
2. Occupation list stream: Applications from skilled workers who, as per the 2011 version of the National Occupational Classification (NOC), have experience in one of the following eligible occupations and have indicated this occupation as their primary occupation in their application:
0013 Senior managers — financial, communications and other business services
0015 Senior managers — trade, broadcasting and other services, n.e.c.
0111 Financial managers
0112 Human resources managers
0113 Purchasing managers
0121 Insurance, real estate and financial brokerage managers
0311 Managers in health care
0711 Construction managers
0712 Home building and renovation managers
0811 Managers in natural resources production and fishing
0911 Manufacturing managers
1111 Financial auditors and accountants
1112 Financial and investment analysts
1113 Securities agents, investment dealers and brokers
1114 Other financial officers
1123 Professional occupations in advertising, marketing and public relations
1212 Supervisors, finance and insurance office workers
1224 Property administrators
2113 Geoscientists and oceanographers
2131 Civil engineers
2132 Mechanical engineers
2133 Electrical and electronics engineers
2145 Petroleum engineers
2171 Information systems analysts and consultants
2172 Database analysts and data administrators
2173 Software engineers and designers
2174 Computer programmers and interactive media developers
2232 Mechanical engineering technologists and technicians
2234 Construction estimators
2241 Electrical and electronics engineering technologists and technicians
2243 Industrial instrument technicians and mechanics
2263 Inspectors in public and environmental health and occupational health and safety
2281 Computer network technicians
3011 Nursing co-ordinators and supervisors
3012 Registered nurses and registered psychiatric nurses
3111 Specialist physicians
3112 General practitioners and family physicians
3132 Dietitians and nutritionists
3141 Audiologists and speech-language pathologists
3142 Physiotherapists
3143 Occupational therapists
3214 Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
3215 Medical radiation technologists
3216 Medical sonographers
3233 Licensed practical nurses
3234 Paramedical occupations
4011 University professors and lecturers
4151 Psychologists
4214 Early childhood educators and assistants
5125 Translators, terminologists and interpreters
3. PhD student/graduate stream
i. Applications from international students who are currently enrolled in a PhD program delivered by a provincially or territorially recognized private or public post-secondary educational institution located in Canada, who have completed at least two years towards their PhD, who are in good academic standing, and who are not recipients of a Government of Canada award requiring them to return to their home country to apply their knowledge and skills; (see footnote 3) or
ii. Applications from foreign nationals who have completed a PhD program from a provincially or territorially recognized private or public post-secondary educational institution located in Canada no more than 12 months prior to the date their application is received by the Centralized Intake Office in Sydney, Nova Scotia. Applicants must not have received a Government of Canada award that required them to return to their home country to apply their knowledge and skills; or if they were a recipient of such an award, they must have satisfied the terms of the award. (see footnote 4)
In all cases, applicants meeting the criteria set out in Ministerial Instructions are still subject to the Federal Skilled Worker Class requirements and all other applicable requirements of the IRPA.
Federal Skilled Trades Class
Cap and sub-caps on the number of applications to be processed
A maximum of 5 000 new applications submitted for the Federal Skilled Trades Class will be considered for processing for the period of May 1, 2014, to April 30, 2015, unless otherwise indicated in a future Ministerial Instruction. Within the 5 000 cap, a maximum of 100 applications submitted for each of the 90 eligible skilled trade occupations will be considered for processing. For further clarity, caps apply irrespective of whether an application is made with a qualifying offer of employment or a certificate of qualification from a provincial or territorial apprenticeship authority.
In calculating the caps, applications will be considered in order of the date they are received. Applications received on the same date will be considered for processing having regard to routine office procedures.
Instructions for processing Federal Skilled Trades Class applications
In order to be included under the caps and considered for processing, applications must be completed according to the application kit requirements in place at the time the application is received by the designated office and must meet the criteria set out below.
Complete applications from skilled tradespersons received by the Centralized Intake Office in Sydney, Nova Scotia, on or after May 1, 2014, whose applicants meet the language threshold for the Federal Skilled Trades Class as set by the Minister pursuant to subsection 74(1) of the IRPR, in each of the four language abilities (speaking, oral comprehension, reading, writing), (see footnote 5) and that do not exceed the identified caps, shall be placed into processing if they,
as per the 2011 version of the NOC, provide evidence of having at least two years (24 months) of full-time or equivalent part-time paid work experience, acquired in the last five years, in one of the 90 eligible skilled trade occupations (see footnote 6) listed in the NOC major groups and minor groups set out below:
Major Group 72, industrial, electrical and construction trades;
Major Group 73, maintenance and equipment operation trades;
Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production;
Major Group 92, processing, manufacturing and utilities supervisors and central control operators;
Minor Group 632, chefs and cooks; and
Minor Group 633, butchers and bakers.
In all cases, applicants meeting the criteria set out in Ministerial Instructions are still subject to the Federal Skilled Trades Class requirements and all other applicable requirements of the IRPA.