Definitions

1   In this regulation:

"Act" means the Provincial Immigration Programs Act;

"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;

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

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

"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;

"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;

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

"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.

Agreement

2   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.

Fees

3   The following fees are prescribed:

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

(i) $3 500 for an application for a business approval,

(ii) $1 000 for an application for a key staff approval,

(iii) $1 475 for an application for a skills approval, and

(iv) $300 for an application for an invitation approval respecting a business approval;

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

[am. B.C. Regs. 203/2020; 199/2023.]

Representatives

4   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).

Application requirements

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

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

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

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

(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

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

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

(iii) knew or ought to have known of the misrepresentation or failure;

(c) the applicant does not have another active application;

(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.

Approvals

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

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

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

(c) the applicant's language skills;

(d) whether the applicant's entry will adversely affect

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

(ii) employment or training opportunities for British Columbians;

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

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

(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.

Obligations of approved person

7   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.

Purpose for information-sharing agreement

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

[en. B.C. Reg. 128/2017.]