Peer reviews (start-up business class)
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
A peer review is an independent assessment of a commitment by a panel of experts convened by the industry association that represents the lead designated entity on the commitment certificate. The peer review process was designed to protect against fraud and to ensure that designated entities’ and applicants’ activities are in line with industry standards.
An officer may request a peer review if it assists in the application process or for the purpose of completing a quality assurance exercise.
To initiate a peer review, the officer must send the appropriate industry association all of the following information via Entrust or by courier
- the peer review request form [IMM 5765], in which the officer clearly lists the concerns identified during the review of proposal or application
- the commitment certificate
- the term sheet/client agreement
- other relevant supporting documentation
Processing officers must ensure that client-specific information is redacted from the peer review process before it is submitted to the relevant industry association. From all the documents that will be submitted for a peer review (i.e., commitment certificates, term sheets, peer review request forms, etc.), officers must redact the applicant’s
- date of birth
- country of birth
The officer must notify the applicant that their case is being sent for a peer review.
Peer reviews and assessing due diligence
The industry association will assemble a panel of association members to assess the following:
- the level of due diligence that was performed by the designated entity and whether it is consistent with industry standards
- the terms of the commitment (including the investment made by the designated entity, the services to be provided by the designated entity and any fees to be charged to the applicants) and whether these terms are consistent with industry standards
The industry association will also do all of the following:
- ensure that the business has been or will be incorporated in Canada
- ensure that the business ownership has been verified and meets the requirements of the start-up business class
- ensure that the designated entity considered the viability of the proposed business model, assessed the business venture’s management team and verified the ownership of the intellectual property
- ensure the focus of the business is on a high-growth potential product and/or service
- validate whether the business was accepted into a business incubator program (in cases where the commitment was issued by a designated business incubator)
Officers should not disclose the identity of peer review panelists to the designated entity or the applicants under any circumstances.
The peer review findings will be returned to Immigration, Refugees and Citizenship Canada (IRCC) via Entrust or by courier.
Should the peer review identify concerns with the commitment, the officer should send a procedural fairness letter to the applicant to:
- inform them of the concerns
- request further documentation to address the concerns
- make clear that if the applicant is not able to address the officer’s concerns, the applicant may be refused
While the officer must consider the assessment provided by the peer review panel, they must assess all information and the authority to make a final decision on the case rests with the officer.
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