r. 102 Criteria

(1)The following definitions apply in this section. full-time means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. (temps plein) full-time equivalent means, in respect of part-time or accelerated studies, the number of years that would have been required to complete the equivalent of those studies on a full-time basis. (équivalent temps plein)

Education (25 points)

(2)Points shall be awarded, to a maximum of 25, for a foreign national’s education as follows:

• (a)5 points for a secondary school educational credential;
• (b)12 points for a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full-time or full-time equivalent studies;
• (c)15 points for
• (i)a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 13 years of completed full-time or full-time equivalent studies, or
• (ii)a one-year university educational credential at the bachelor’s level and a total of at least 13 years of completed full-time or full-time equivalent studies;
• (d)20 points for
• (i)a two-year post-secondary educational credential, other than a university educational credential, and a total of at least 14 years of completed full-time or full-time equivalent studies, or
• (ii)a two-year university educational credential at the bachelor’s level and a total of at least 14 years of completed full-time or full-time equivalent studies;
• (e)22 points for
• (i)a three-year post-secondary educational credential, other than a university educational credential, and a total of at least 15 years of completed full-time or full-time equivalent studies, or
• (ii)two or more university educational credentials at the bachelor’s level and a total of at least 15 years of completed full-time or full-time equivalent studies; and
• (f)25 points for a university educational credential at the master’s or doctoral level and a total of at least 17 years of completed full-time or full-time equivalent studies.

More than one educational credential

(3)For the purposes of subsection (2), points

• (a)shall not be awarded cumulatively on the basis of more than one educational credential; and
• (b)shall be awarded
• (i)for the purposes of paragraphs (2)(a) to (d), subparagraph (2)(e)(i) and paragraph (2)(f), on the basis of the educational credential that results in the highest number of points, and
• (ii)for the purposes of subparagraph (2)(e)(ii), on the basis of the combined educational credentials referred to in that paragraph.

Special circumstances

(4)For the purposes of subsection (2), if a foreign national has an educational credential referred to in any of paragraphs (2)(b) to (f), but not the total number of years of full-time or full-time equivalent studies required, the foreign national shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph.

(1)A foreign national must specify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada.They must have their proficiency in that language evaluated by an organization or institution designated under subsection (4).

Proficiency in second language

(2)If the foreign national wishes to claim points for proficiency in their second official language they must, with the application for a permanent resident visa, submit the results of an evaluation — which must be less than two years old on the date on which their application is made — of their proficiency by an organization or institution designated under subsection (4).

Proficiency in English and French (24 points)

(3)Points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as follows:

• (a)for high proficiency
• (i)in the first official language, 4 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 8 or higher, and
• (ii)in the second official language, 2 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 8 or higher;
• (b)for moderate proficiency
• (i)in the first official language, 2 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 6 or 7, and
• (ii)in the second official language, 2 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 6 or 7;
• (c)for basic proficiency in either official language, 1 point for each language skill area, up to a maximum of 2 points, if the foreign national’s proficiency corresponds to a benchmark of 4 or 5; and
• (d)for no proficiency in either official language, 0 points if the foreign national’s proficiency corresponds to a benchmark of 3 or lower.

Evaluation of language proficiency

(4)The Minister may designate, for any period he or she specifies, any organization or institution to be responsible for evaluating language proficiency and approve the language test to be used to evaluate that proficiency if the organization or institution

• (a)has expertise in evaluating language proficiency; and
• (b)has provided the Minister with an equivalency between its language test results and the benchmarks set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as the case may be.

Public notice

(5)The Minister must make available to the public the names of the designated organizations or institutions and the approved language tests.

Definition service agreement

(6)For the purposes of subsection (7), service agreement means an agreement concluded between the Government of Canada and an organization or institution for the purpose of having the organization or institution supply the service of evaluating the language proficiency of foreign nationals.

Revocation of designation

(7)The Minister may revoke a designation of an organization or institution or the approval of a language test if

• (a)the organization or institution no longer meets the criteria set out in subsection (4);
• (b)the organization or institution submitted false, misleading or inaccurate information or has contravened any provision of a federal or provincial law or regulation that is relevant to the service provided by the organization or institution; or
• (c)either the Government of Canada or the organization or institution has terminated the service agreement.

Conclusive evidence

(8)The results of an evaluation of language proficiency by a designated organization or institution using an approved language test are conclusive evidence of an applicant’s language proficiency for the purposes of subsection (1) and of paragraph 98.01(2)(b).