At the outset, the officers would need to ensure that the applicant meets the regulatory definition of an entrepreneur. Once they are satisfied on this count, they would assess the applicant on a selection grid. It is worth mentioning that the applicant would need to score 35 points out of a maximum of 100 points available. The Minister has determined this specific requirement.
The table given below specifies the selection factors and the maximum number of points that officers would need to award entrepreneurs with. It also outlines the criteria against which officers would need to assess the applicant. It specifies the number of points that the officers would need to award to the applicants as well.
Business Experience (see note below)
Maximum Points (35)
Business experience of five years
Business experience of four years
Business experience of three years
Business experience of two years
|Note: The authorities would consider business experience as long as the applicant acquired it within five years prior to the date of application. In addition, the officers would need to consider any additional experience gained in the period prior to the selection decision as well.|
Maximum Points (10)
Aged 21 – 49 years at the time of application
Officers would need to reduce two points for each year of age above 49 years or below 21 years
Maximum Points (25)
Doctorate or Master’s Degree + 17 years of full-time or full-time equivalent studies
3-year trade certificate or LLB or Medical Degree + 15 years full-time or full-time equivalent studies
Bachelor’s Degree or 2-year Trade Certificate + 14 years full-time or full-time equivalent studies
Bachelor’s Degree or 1-year Trade Certificate + 13 years full-time or full-time equivalent studies
1 year post-secondary + 12 years full-time of full-time equivalent studies
Secondary school education
Maximum Points (24)
Maximum Points (6)
Business exploration trip to Canada within five years of application
Participation in designated joint federal – provincial business immigration initiatives
Maximum Points (100)
- It is worth highlighting that this points system does not apply to people who earn selection under the Quebec Program
- This is because Quebec typically selects its own business foreign nationals in accordance with the terms specified in the Canada – Quebec Accord
- The awarding of adaptability points requires the province of destination to provide the applicant with documentation indicating that one of both of the elements have been met
The Substitution of Evaluation
Situations could arise where, in the officer’s opinion, the points awarded might not fully reflect the chances of the foreign national and their family members to establish themselves economically in Canada. In this scenario, they would need to apply the provisions specified in R109. Therefore, the officers could consider using the provision of substitution of evaluation (positive or negative discretion) for economic reasons i.e. that involve the ability to support oneself.
It is worth highlighting that before considering the substitution of evaluation, the officer would need to obtain the consent of a second officer. This is in accordance with the provisions specified in R109 (2). In 1995, the Supreme Court confirmed that this discretionary authority remains restricted to successful establishment purely in the economic sense.