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On December 17, 2001 the Federal Government published new proposed Regulations for Immigration to Canada.  The independent selection process for skilled workers was fundamentally changed and was proposed to be retroactive to December 17, 2001.  Applications received before December 17 would be evaluated on a 75-point pass mark while those submitted after that would require 80 points.  Those assessments would apply to applicants who had not yet been interviewed or had their interviews waived prior to implementation of the new Immigration and Refugee Protection Regulations.  The implementation date is expected to June 28, 2002. 

On February 26, 2002 the new Minister of Citizenship and Immigration, Denis Coderre, announced as follows:

The Minister is proposing that those skilled workers and business immigrants who applied before December 17, 2001 and who have not received a selection decision by June 28, 2002 (the target implementation date for the new Act), will continue to be selected under the current selection criteria until January 1, 2003.  The Minister is further proposing that skilled workers and business immigrants who applied before December 17, 2001 who have not received a selection decision prior to January1, 2003, will be subject to the proposed selection criteria and a Propose Transition pass mark of 70 points (reduced from 75).

At present the retroactivity and the selection process is in debate before Committee at the Senate and House of Commons.  Further changes are anticipated.

SUMMARY OF THE PROPOSED SELECTION PROCESS AGE Maximum 10 21-44 years of age at time of application 10 Lose 2 points for each year of age over 44 years or under 21 years EDUCATION Maximum 25 Doctorate & Masters Degree 25 Bachelor's Degree involving equivalent of at least 3 years full time studies 20 3-year equivalent full time studies/training leading to a diploma, trades certificate or apprenticeship 20 2-year equivalent full time studies/training leading to a diploma 15 1-year equivalent full time studies/training leading to a diploma 10 High School 5 LANGUAGE * Maximum 20 Highly functional in first official language 16 Moderately functional in first official language 8 Basically functional or no abilities in first official language 0 Moderately functional in second official language 0 Basically functional or no abilities in second official language 0 * points will be awarded on the basis of English and French abilities in four skills: speaking, reading, writing, and listening . EXPERIENCE Maximum 25 One year of recent skilled work experience 10 Two years of recent skilled work experience 15 Three years of recent skilled work experience 20 Four years of recent skilled work experience 25 VALIDATED ARRANGED EMPLOYMENT Maximum 10 Arranged employment validated by Human Resourced Development Canada 10 ADAPTABILITY Maximum 10 Spouse's (including common-law partner's) education Masters or Ph.D. 5 Bachelor degree or three year diploma 4 one-two years post-secondary education 3 Minimum one year full time authorized work in Canada 5 Minimum two years full time post-secondary study in Canada 5 Informal job offer in Canada in keeping with past experience or education 5 Family member in Canada 5 TOTAL Maximum 100

This Paper Was Prepared By Peter W. Wong, Q.C.