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Last verified: June 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

Points are not the last word for business applicants. Whether you scored above or below the minimum, an officer can put their own judgment about your chances of making a living here in place of the grid, where the score is not a fair indicator. A second officer has to agree before that judgment stands, and it cuts both ways: it can rescue a low score or sink a passing one.

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