Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2023-1

Department of citizenship and immigration

Immigration and refugee protection act

The Minister of Citizenship and Immigration gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2023-1 under paragraph 10.3(1)(h)^{Footnote a} of the Immigration and Refugee Protection Act^Footnote b.

Ottawa, April 20, 2023
Marc Miller
Minister of Citizenship and Immigration

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2023-1

Amendments

1 (1) Subsection 15(3) of the Ministerial Instructions Respecting the Express Entry System^Footnote1 is replaced by the following:

Canadian work experience

(3) For the purposes of this section, Canadian work experience is full-time work experience, or the full-time equivalent for part-time work experience, that is acquired by a foreign national in Canada within the 10-year period preceding the day on which points are assigned under subsection (1) in one or more occupations listed in

• (a) unit group 31100, 31101 or 31102 of the National Occupational Classification if, during that experience, the foreign national provides publicly funded medical services; or
• (b) TEER Category 0, 1, 2 or 3 of the National Occupational Classification if the foreign national acquiresthe experience with one or more employers and is remuneratedby the payment of wages or a commission.

(2) Paragraph 15(7)(b) of the Instructions is replaced by the following:

• (b) a period of self-employment is not to be included in calculating a period of work experience referred to in paragraph (3)(b);
• (b.1) a period of unauthorized work is not to be included in calculating a period of work experience;

2 (1) Subsection 19(4) of the Instructions is replaced by the following:

Canadian work experience

(4) For the purposes of this section, Canadian work experience is full-time work experience, or the full-time equivalent for part-time work experience, that is acquired by the accompanying spouse or common-law partner of a foreign national in Canada within the 10-year period preceding the day on which points are assigned under subsection (1) in one or more occupations listed in

• (a) unit group 31100, 31101 or 31102 of the National Occupational Classification if, during that experience,the accompanying spouse or common-law partner ofthe foreign national provides publicly funded medicalservices; or
• (b) TEER Category 0, 1, 2 or 3 of the National Occupational Classification if the accompanying spouse orcommon-law partner of the foreign national acquiresthe experience with one or more employers and is remuneratedby the payment of wages or a commission.

(2) Paragraph 19(8)(b) of the Instructions is replaced by the following:

• (b) a period of self-employment is not to be included in calculating a period of work experience referred to in paragraph (4)(b);
• (b.1) a period of unauthorized work is not to be included in calculating a period of work experience;

3 Section 29 of the Instructions is amended by adding the following after subsection (3):

Arranged employment — publicly funded medical services

(4) Despite paragraph (2)(a), an offer to provide publicly funded medical services in an occupation listed in unit group 31100, 31101 or 31102 of the National Occupational Classification that is made by a provincial government, government agency, government-appointed agency or health care-providing organization need not be for continuous work having a duration of at least one year from the date on which a permanent resident visa is issued in order to be a qualifying offer of arranged employment.

4 Section 33 of the Instructions is amended by adding the following after subsection (3):

Nomination certificate — NOC 2016 unit groups 3111 and 3112

(4) For the purpose of determining whether a foreign national named in a nomination certificate referred to in paragraph 87(2)(a) of the Regulations is eligible to be assigned Comprehensive Ranking System points under section 15 or 19 of these Instructions, any reference in the nomination certificate to Canadian work experience in an occupation listed in unit group 3111 or 3112 of the National Occupational Classification 2016, version 1.3, published by the Department of Employment and Social Development and Statistics Canada, is deemed to be a reference to Canadian work experience in an occupation listed in unit group 31100, 31101 or 31102 of the National Occupational Classification.

Taking Effect

5 These Instructions take effect on April 25, 2023, but if the Minister of Citizenship and Immigration gives these Instructions after that day, they take effect on the day on which they are given.