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Last verified: March 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 6 Economic ClassesDIVISION 2 Business Immigrants
r.109

Substitution of evaluation

Economic Immigration
🍁 In Simple Terms

Even if a business immigrant scores too low on the points grid, an officer can override that score and approve or refuse the application based on their own judgment about whether the person is likely to build a successful economic life in Canada. This kind of override requires a second officer to agree with the decision.

Affects: Foreign nationals and permanent residents in Canada
Legal Text — IRPR Regulation 109

(1)109 (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

Cross-References
In Practice
Official Source: Justice Canada — IRPR r. 109 (authoritative, may differ from this display)
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