Amendment to Regulations Tabled

Volume 131, No. 11 of the Canada Gazette, published Saturday March 15th,1997 contained details of the most recent proposed amendments to the Immigration Regulations 1978, expected to affect the skilled worker category. The preface to the amendments indicate that the changes are "primarily technical in nature" and do not "reflect a substantive change to the Regulations or to programme policy."

The above mentioned amendment is contingent on the implementation of the National Occupational Classification (NOC) as the replacement of the Canadian Classification and Dictionary of Occupations. No version of the General Occupations List was officially available until the writing of this article.

The following is the text of the amendment as it has been proposed. This office is presently in the process of submitting commentary on the proposal to the officials concerned. The amendments, as tabled to date, affect the SVP, Occupational Demand, and Experience factors.

Regulations Amending the Immigration Regulations, 1978

Amendments

[1]. Subsection 2(1) of the Immigration Regulations, 1978(1) is amended by adding the following in alphabetical order:

"National Occupational Classification" means the National Occupational Classification, including the Career Handbook and all other componentpublications, published by the Minister of Human Resources Development, as
amended from time to time; (Classification nationale des professions)

[2]. The Regulations are amended by adding the following after section 2.02:

2.03 (1) For the purpose of an assessment by a visa officer under section 8, in respect of an application for a visa that was made under section 9 of the Act before May 1, 1997 and was still pending on that date, the applicable factors set our in Schedule I, as that Schedule read immediately before May 1, 1997, shall apply.

(2) If an application for a visa is referred to in subsection (1) is refused, the visa officer shall reassess the applicant in accordance with the applicable factors set out in Schedule I, as that Schedule read on May 1, 1997.

[3]. The portion of item 2 of Schedule I of the Regulations in Columns I(2) and II(2) is replaced by the following:

Factor: 2. Education

Criteria: To be measured by the amount of formal education and and Training professional, vocational, apprenticeship, in-plant or on-the-job training specified in the National Occupation Classification as being necessary to acquire the information, techniques and skills required for the occupation in which the applicant is assessed under item 4. Units of assessment shall be awarded as follows:

1. when no formal education or training is required, one unit;
2. when some secondary school education, on-the-job training or experience is required, two units;
3. when a secondary school diploma is required, five units;
4. when the completion of course work, training, work-shops or experience related to the occupation, ordinarily on the completion of secondary school, is required, seven units;
5. when a certificate or diploma of a college or technical school is required or when the completion of an apprenticeship program, a specialized training program or a vocational school training program is required, fifteen units;
6. when a university degree at the bachelor's level is required, seventeen units; and
7. when a university degree at the master's or doctoral level or a professional degree that requires additional education beyond the bachelor's level is required, eighteen units.

(2) When more than one Education/Training Indicator is identified in the National Occupational Classification for a given occupation, the lowest of the ratings shall be used to assess the Education and Training Factor.

[4]. The portion of item 3 of Schedule I to the Regulations in column II2 is replaced by the following:

Factor 3. Experience

Criteria: Units of assessment shall be awarded for experience in the occupation in which the applicant is assessed under item 4 or, in the case of an entrepreneur, for experience in the occupation for which the entrepreneur is qualified and that the entrepreneur is prepared to follow in Canada as follows:

1. when the number of units awarded under item 2 is one or two, two units for the first year of experience;
2. when the number of units awarded under item 2 is five to seven, two units for each year of experience not exceeding two years;
3. when the number of units awarded under item 2 is fifteen, two units for each year of experience not exceeding three years; and
4. when the number of units awarded under item 2 is seventeen or eighteen, two units for each year of experience not exceeding four years.

[5]. The portion of item 4 of Schedule I to the Regulations in columns I and II is replaced by the following:

Factor 4. Occupational Factor (Demand)

Criteria: Occupational Units of assessment shall be awarded on the basis of employment opportunities in Canada in the occupation for which the applicant is qualified and in which the applicant has performed a substantial number of the main duties as set out in the National Occupational Classification, and that the applicant is prepared to follow in Canada. The employment opportunities shall be determined by taking into account labour market activity on both an area and a national basis, following consultation with the Department of Human Resources Development, provincial governments and any other relevant organizations and institutions.

(An official proposal for the General Occupations List has not yet been issued.)

COMING INTO FORCE

[6]. These Regulations come into force on May 1, 1997.