Ministerial Instructions Respecting the Express Entry System

“National Occupational Classification” has the same meaning as in section 2 of the Regulations.

“official language”

« langue officielle »

“official language” means an official language of Canada.

“Niveaux de compétence linguistique canadiens”

« Niveaux de compétence linguistique canadiens »

“Niveaux de compétence linguistique canadiens” has the same meaning as in section 2 of the Regulations.

“qualifying offer of arranged employment”

« offre d’emploi réservé admissible »

“qualifying offer of arranged employment” means

• (a) an offer of employment, in an occupation listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, that is made to a foreign national by an employer other than an embassy, high commission or consulate in Canada or an employer that appears on the list referred to in subsection 209.91(3) of the Regulations, for full-time work in Canada that is non-seasonal and indeterminate and that is supported by an opinion referred to in subparagraph 82(2)(c)(ii) of the Regulations that was provided by the Department of Employment and Social Development;
• (b) an offer of employment, in a Skill Level B occupation of the National Occupational Classification matrix listed in the categories set out in subsection 87.2(1) of the Regulations, that is made to a foreign national by up to two employers, other than an embassy, high commission or consulate in Canada or an employer that appears on the list referred to in subsection 209.91(3) of the Regulations, for continuous full-time work in Canada for at least one year and that is supported by an opinion referred to in clause 87.2(3)(d)(iv)(B) of the Regulations that was provided by the Department of Employment and Social Development;
• (c) an offer of employment, in an occupation listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, that is made to a foreign national who is working in Canada by the employer listed on their work permit, other than an embassy, high commission or consulate in Canada or an employer that appears on the list referred to in subsection 209.91(3) of the Regulations, for full-time work in Canada that is non-seasonal and indeterminate, if the work permit was issued on the basis of an opinion referred to in subsection 203(1) of the Regulations that was provided by the Department of Employment and Social Development with respect to the foreign national’s employment in that occupation; or
• (d) an offer of employment, in a Skill Level B occupation of the National Occupational Classification matrix listed in the categories set out in subsection 87.2(1) of the Regulations, that is made to a foreign national by one or both employers listed on their work permit, other than an embassy, high commission or consulate in Canada or an employer that appears on the list referred to in subsection 209.91(3) of the Regulations, for continuous full-time work in Canada for a total of at least one year in a skilled trade occupation that is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit, if the work permit was issued on the basis of an opinion referred to in subsection 203(1) of the Regulations that was provided by the Department of Employment and Social Development.

“Regulations”

« Règlement »

“Regulations” means the Immigration and Refugee Protection Regulations.

Classes of foreign nationals

2. Subsection 10.1(1) of the Act applies in respect of

• (a) the federal skilled worker class referred to in subsection 75(1) of the Regulations;
• (b) the Canadian experience class referred to in subsection 87.1(1) of the Regulations;
• (c) the federal skilled trades class referred to in subsection 87.2(2) of the Regulations; and
• (d) members of the provincial nominee class referred to in subsection 87(2) of the Regulations who are nominated by the government of one of the following provinces under its provincial nominee program express entry stream:
  • (i) Ontario,
  • (ii) Nova Scotia,
  • (iii) New Brunswick,
  • (iv) Manitoba,
  • (v) British Columbia,
  • (vi) Prince Edward Island,
  • (vii) Saskatchewan,
  • (viii) Alberta,
  • (ix) Newfoundland and Labrador,
  • (x) Yukon, and
  • (xi) Northwest Territories.

Electronic System

3. (1) The electronic system that is to be used by a foreign national for the purpose of subsection 10.1(3) of the Act and by the Minister for the purpose of subsection 10.2(3) of the Act is the Express Entry System that is made available by the Department of Citizenship and Immigration for those purposes.

Features of the electronic system

(2) The electronic system referred to in subsection (1) is to be used to

• (a) determine
  • (i) whether the foreign national is to be issued an invitation, based on the information provided in the expression of interest that they have submitted to the Minister,
  • (ii) the rank of the foreign national relative to other eligible foreign nationals, and
  • (iii) whether the foreign national occupies the rank required in order to be issued an invitation; and
• (b) automatically transfer the information provided by the foreign national in their expression of interest to an electronic application for permanent residence made by the foreign national under section 12.01 of the Regulations, if the foreign national is issued an invitation.

Expression of interest — submission by other means

4. If a foreign national is unable to submit an expression of interest by means of the electronic system referred to in subsection 3(1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Eligibility criteria

5. (1) In order to be eligible to be issued an invitation, a foreign national must

• (a) meet the requirements to be a member of at least one of the classes referred to in paragraphs 2(a) to (c);
• (b) meet the requirements of
  • (i) subparagraph 82(2)(c)(ii) of the Regulations, if they are a foreign national referred to in paragraph 82(2)(b); or
  • (ii) clause 87.2(3)(d)(iv)(B) of the Regulations, if they are a foreign national referred to in subparagraph 87.2(3)(d)(iii); and
• (c) not later than 30 days after the day on which they submit their expression of interest, register with the Job Bank of the Department of Employment and Social Development, if they do not have a qualifying offer of arranged employment or are not named in a nomination certificate issued by the government of a province referred to in paragraph 2(d) under its provincial nominee program express entry stream at the end of that period.

Day and time of receipt

(2) An expression of interest is considered to be received on the day and at the time recorded in the Express Entry System.

Exception

(3) Paragraph (1)(c) does not apply in respect of a foreign national who is unable to register by means of an electronic system with the Job Bank referred to in that paragraph because of a physical or mental disability.

Effect of declining invitation

(4) A foreign national who declines an invitation within the period referred to in subsection 32(1) is eligible to be issued another invitation during the remainder of the period referred to in section 6, if they continue to meet the requirements of subsection 5(1).

Express entry pool

6. A foreign national who meets the requirements of subsection 5(1) is to be included in the express entry pool of candidates for a period of one year less the time it takes the foreign national to meet the requirements of paragraph 5(1)(c).

Disclosure to Department of Employment and Social Development

7. (1) The Minister may, for the purpose of section 10.4 of the Act and in order to facilitate the registration of foreign nationals with the Job Bank referred to in paragraph 5(1)(c) and the confirmation of such registrations, confirm to the Department of Employment and Social Development that a specific combination of an express entry profile number and a Job Seeker validation code corresponds to a valid expression of interest that was submitted by a foreign national.

Disclosure to province

(2) The Minister may, for the purpose of section 10.4 of the Act, disclose to officials responsible for the administration of the provincial nominee program of a province referred to in paragraph 2(d) the following personal information in respect of a foreign national who has been included in the express entry pool of candidates:

• (a) their express entry profile number;
• (b) their surname and date of birth, in a case where the province is conducting a search in respect of the foreign national using the express entry profile number and job seeker validation code provided to them by the foreign national;
• (c) whether the foreign national has a relative who is a Canadian citizen or a permanent resident and is residing in that province;
• (d) whether the foreign national has a relative who is a Canadian citizen or a permanent resident and is residing in Canada;
• (e) their primary occupation;
• (f) their years of work experience in one or more occupations listed in the National Occupational Classification matrix at Skill Type 0 Management Occupations or Skill Level A or B;
• (g) their years of work experience in Canada in an occupation or occupations listed in the National Occupational Classification matrix at Skill Type 0 Management Occupations or Skill Level A or B;
• (h) their years of work experience in a skilled trade;
• (i) whether they have a certificate of qualification in a trade occupation issued in Canada;
• (j) their highest level of education;
• (k) whether they have studied in Canada;
• (l) their language proficiency in English and French in all language skill areas;
• (m) the number of family members who are accompanying the foreign national to Canada;
• (n) whether the foreign national has been assessed as having the minimum necessary income;
• (o) their designated first Canadian official language;
• (p) their age;
• (q) the total number of points assigned to them under the Comprehensive Ranking System;
• (r) the day on which their expression of interest was submitted; and
• (s) the day on which their expression of interest expires.

Definitions

(3) The following definitions apply in this section.