20_2017 — Provincial Immigration Programs Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Provincial Immigration Programs Act;

s. 1 — business approval

business approval means an approval of an application in which the applicant indicates an intention to invest in and actively manage a business in British Columbia;

s. 1 — eligible business

eligible business means a business in British Columbia with respect to which a person has applied for a business approval;

s. 1 — immigration-linked investment scheme

immigration-linked investment scheme has the same meaning as in section 87 (9) of the Immigration and Refugee Protection Regulations (Canada), SOR 2002-227;

s. 1 — invitation approval

invitation approval means an approval of an application in which the applicant requests an invitation to apply for an approval within a class of approvals for which the director has issued invitations under section 3 (2) of the Act;

s. 1 — key staff approval

key staff approval means an approval of an application in which the applicant indicates an intention to act as a key staff person for an eligible business;

s. 1 — key staff person

key staff person, in relation to a business, means a senior employee whose expertise is essential to the success of the business;

s. 1 — skills approval

skills approval means an approval, other than a business approval or a key staff approval, of an application in which the applicant indicates an intention to enter the labour market in British Columbia.

s. 2 — Agreement

The agreement prescribed for the purposes of the definition of "provincial immigration program" in section 1 of the Act is the Canada-British Columbia Immigration Agreement, which came into force on April 7, 2015.

s. 3 — Fees

The following fees are prescribed:

s. 3(a)

for the purposes of section 3 (1) (c) of the Act,

s. 3(a)(i)

$3 500 for an application for a business approval,

s. 3(a)(ii)

$1 000 for an application for a key staff approval,

s. 3(a)(iii)

$1 750 for an application for a skills approval, and

s. 3(a)(iv)

$300 for an application for an invitation approval respecting a business approval;

s. 3(b)

for the purposes of section 7 (3) (d) of the Act, $500.

s. 4 — Representatives

The requirement prescribed for the purposes of section 3 (3) (b) of the Act is that the representative is in compliance with section 91 (2) of the Immigration and Refugee Protection Act (Canada).

s. 5 — Application requirements

The following requirements are prescribed for the purposes of section 3 (3) (d) of the Act:

s. 5(a)

the director has not, during the 2 year period immediately before the date of the application, determined that the applicant

s. 5(a)(i)

made a misrepresentation in relation to a previous application under the Act or otherwise failed to comply with the Act or regulations, and

s. 5(a)(ii)

knew or ought to have known of the misrepresentation or other failure;

s. 5(b)

for an application for a skills approval where the applicant has a supporting employer, the director has not, during the 2 year period immediately before the date of the application, determined that the supporting employer

s. 5(b)(i)

made a misrepresentation in relation to a previous application under the Act, or

s. 5(b)(ii)

failed to comply with a requirement made under section 11 (2) (d) of the Act, and

s. 5(b)(iii)

knew or ought to have known of the misrepresentation or failure;

s. 5(c)

the applicant does not have another active application;

s. 5(d)

if the applicant is applying in reply to an invitation under section 3 (2) of the Act, the application is submitted within the period set out in the invitation for submitting applications.

s. 6 — Approvals

The following matters are prescribed for the purposes of section 4 (1) of the Act:

s. 6(a)

whether entry of the applicant will be of benefit to the economic development of British Columbia;

s. 6(b)

the applicant's ability and intention to permanently settle and become economically established in British Columbia;

s. 6(c)

the applicant's language skills;

s. 6(d)

whether the applicant's entry will adversely affect

s. 6(d)(i)

the settlement of a labour dispute or the employment of a person involved in a labour dispute, or

s. 6(d)(ii)

employment or training opportunities for British Columbians;

s. 6(e)

whether the applicant has entered into or intends to enter into an immigration-linked investment scheme;

s. 6(f)

whether the information provided in relation to the application is accurate, complete and reliable;

s. 6(g)

with respect to an application for a business approval, whether the applicant will provide active and ongoing management of the eligible business from within British Columbia.

s. 7 — Obligations of approved person

The requirements prescribed for the purposes of section 5 (2) (b) of the Act are the same as those prescribed by section 4 of this regulation.

s. 8 — Purpose for information-sharing agreement

For the purposes of section 9 (2) of the Act, administering and enforcing the Property Transfer Tax Act is a prescribed purpose.