ARCHIVED – Operational Bulletin 256 - December 23, 2010 (Expired)

Monitoring Conditions for Quebec-Selected Entrepreneurs

This Operational Bulletin has expired.

Issue

This Operational Bulletin (OB) is a follow up to OB 161 and provides instructions to immigration officers with respect to the monitoring of entrepreneurs selected by Quebec on or after October 16, 2006, who are now residing and reporting on compliance with conditions in a province other than Quebec.

Background

Effective October 16, 2006, Quebec instituted its own conditions pursuant to subsection 98(2) of the Immigration and Refugee Protection Regulations. As of that date, an entrepreneur selected by Quebec is required to sign a declaration acknowledging and committing to meet the conditions imposed by Quebec (refer to Annex I).

Officers in other regions have noted that Quebec-selected entrepreneurs admitted to Canada under these Quebec-specific conditions are reporting for monitoring at Citizenship and Immigration Canada (CIC) inland offices outside of Quebec.

The conditions imposed by Quebec include a requirement to operate and actively participate in the daily operations of a business in Quebec. An entrepreneur who is not operating a business in Quebec cannot comply with these conditions, but may have operated and actively participated in the daily operations of a business in another province or territory.

Instructions

Entrepreneurs selected by Quebec on or after October 16, 2006, must be assessed against the Quebec conditions they acknowledged and committed to meet at selection.

In cases where a CIC inland office outside Quebec is contacted by a Quebec-selected entrepreneur for reporting purposes, the CIC inland office should remind the applicant that they are subject to, and must meet, Quebec conditions. Refer to Annex II for sample letters.

In the case of Quebec-selected entrepreneurs not residing in Quebec, CIC Quebec region will transfer the file to the appropriate CIC inland office for monitoring.

Where an entrepreneur selected by Quebec is reporting to a CIC inland office outside of Quebec and has not complied with Quebec’s conditions, an A44(1) report should be prepared detailing the allegation of non-compliance. The A44(1) report should then be forwarded to the responsible manager, as the Minister’s delegate, to make a determination in accordance with A44(2) as to whether the report should be referred to the Immigration Division for an admissibility hearing.

In making this determination, the Minister’s delegate may consider whether there are extenuating circumstances to justify the use of discretion by not referring the A44(1) report for an admissibility hearing. An example may be a situation in which an entrepreneur selected by Quebec has, with the exception of the location of the business, undertaken the business activity outlined in their signed declaration. In each case of non-compliance, the Minister’s delegate may consider whether the non-compliance was unintentional or excusable for a valid reason.

Further guidance in this regard is provided in the ENF 5 – Writing 44(1) Reports and ENF 6 – Review of reports under A44(1) chapters.

For further information or questions regarding the instructions outlined in this OB, please contact your supervisor or your Regional Program Advisor (RPA). RPAs may in turn contact Operational Management and Coordination Branch.

Annex I: Government of Quebec – Entrepreneur Declaration Acknowledging Quebec Conditions

I, the undersigned XXXX, hereby declare that I have been duly informed by a Quebec Immigration Counselor that I may be issued a Selection Certificate as an entrepreneur. I have also been informed that, should I be granted a Quebec Selection Certificate, I must immediately submit my demand for a permanent resident visa at the appropriate Canadian Visa Office and present the Quebec Selection Certificate and a copy of the present declaration.

I clearly understand that my right to permanent residency is subject to certain conditions that I must comply with within the prescribed time limit, and that these conditions will apply to the business proposal that I have submitted in support of my immigration application. The main features of my proposal are as follows:

_____________________________________________

_____________________________________________

_____________________________________________

In accordance with the requirements respecting admission to Canada, I have been informed that, for a period of at least one year during the period of three years following the date on which I become a permanent resident, I am subject to and must comply with the following conditions:

(a) I must control, with my spouse or de facto spouse accompanying me, if applicable, at least 25% of the equity of a farming, commercial, or industrial enterprise located and operated in Quebec, with the percentage of the equity being valued at no less than CDN $100,000;

(b) I must actively participate in the management and day-to-day operations of the enterprise; and

(c) In the case of a commercial or industrial enterprise, I must create or maintain one or more permanent jobs (minimum 30-hour workweek) for Canadian citizens or permanent residents living in Quebec, excluding myself and members of my family.

I must also provide to an immigration officer, in the manner set out in the Immigration and Refugee Protection Regulations, proof of compliance with the imposed conditions within the period of three years following the date on which I become a permanent resident.

I understand that, if I do not meet the conditions governing my right to permanent residency within the prescribed time limit, my status as a permanent resident in Canada may be called into question.

I also understand that the acquisition and operation of an enterprise in Quebec for immigration purposes remain subject to my obtaining permanent residency.

I nevertheless declare that I maintain my application.

Signed in ____________________________ on  _________________________

_______________________________
Candidate’s signature

Annex II: Sample letters

Sample “reminder” letter

INSERT LETTERHEAD
Our Ref.:
INSERT ADDRESS / DATE

Dear Sir/Madam:

This refers to your admission to Canada under the Entrepreneur category on (insert date), and the reporting requirements with which you must comply as set out in the Immigration and Refugee Protection Regulations.

As an entrepreneur selected by Quebec, you are required to show that you have complied with the following conditions:

For a period of at least one year during the three-year period following the date on which you became a permanent resident,

• you must control at least 25% of the equity of a farming, commercial or industrial enterprise located and operated in Quebec, with the percentage of equity being no less than $100,000;
• you must actively participate in the management and day-to-day operations of the enterprise; and
• in the case of an industrial or commercial enterprise, you must create or maintain one or more permanent jobs (minimum 30-hour workweek) for Canadian citizens or permanent residents living in Quebec, excluding yourself and members of your family.

You must provide evidence of compliance within a period of not more than three years after the date on which you became a permanent resident. In your case, this period will expire on (insert date). As you are aware, no extension to your three year period can be granted.

From information available to us, it appears that you may not be residing and operating a business in Quebec. This letter is to remind you that the conditions noted above must be complied with exactly as written. Even if you engage in business and create employment in another province, you will not be in compliance with your conditions, as the conditions require you to carry out your business activity in Quebec.

Note that your conditions cannot be removed if you have not complied with them. If you have not complied with your conditions on or before the expiry date, enforcement action may be taken against you and your dependants.

Sincerely,

Officer

Sample “final notice” letter

INSERT LETTERHEAD
Our Ref.:
INSERT ADDRESS / DATE

Dear Sir/Madam:

This refers to your admission to Canada under the Entrepreneur category on (insert date), and the reporting requirements with which you must comply as set out in the Immigration and Refugee Protection Regulations.

As an entrepreneur selected by Quebec, you are required to show that you have complied with the following conditions:

For a period of at least one year during the three-year period following the date on which you became a permanent resident,

• you must control at least 25% of the equity of a farming, commercial or industrial enterprise located and operated in Quebec, with the percentage of equity being no less than $100,000;
• you must actively participate in the management and day-to-day operations of the enterprise; and
• in the case of an industrial or commercial enterprise, you must create or maintain one or more permanent jobs (minimum 30-hour workweek) for Canadian citizens or permanent residents living in Quebec, excluding yourself and members of your family.

According to your entrepreneurial conditions, you were to provide evidence of compliance within a period of not more than three years after the date on which you became a permanent resident. In your case, this period expired on (insert date). As you are aware, no extension to your three year period can be granted.

Consequently, you appear now to be in violation of Section 98of the Immigration and Refugee Protection Regulations. This situation may result in enforcement action against you and your dependants.

This letter is a FINAL NOTICE for you to provide our office with evidence of entering into a business venture in Quebec in accordance with the entrepreneurial conditions noted above.

Fully complete and return the Application to Remove Entrepreneur Conditions form (IMM 5547B), available on our website at www.cic.gc.ca/english/pdf/kits/forms/IMM5547B.pdf, with all required supporting documentation by (insert date).

Receipt of submitted documents will not be acknowledged. However, should you require verification that this office received your documents, please send them by registered mail or courier.

You must include in your submission detail(s) regarding any extenuating circumstances that may have impeded your ability to comply with the entrepreneur conditions.

If we do not receive all of the above documentation from you by the deadline noted above, the assessment regarding your compliance with your entrepreneurial conditions will be made based upon the information currently on your file. At this time, the decision on your file would be negative. We are unable to provide a timeframe for the review and decision process.

Sincerely,

Officer