Mr. Speaker, in response to (a), roles and responsibilities for the provincial nominee program, PNP, are defined through bilateral agreements between the Department of Citizenship, Immigration and Multiculturalism, CIC, and provincial and territorial, PT, governments. All of the provinces and territories except Quebec and Nunavut have signed nominee agreements with the federal government. The legislation and agreements confirm provincial/territorial authority to assess and nominate candidates who will be of economic benefit to the province or territory and who have a strong likelihood of becoming economically established in Canada, and are not nominated on the basis of a passive investment scheme entered into for the primary purpose of facilitating immigration to Canada.
Each jurisdiction is responsible for the design and management of its respective program, including the development of its own nomination criteria. Consultation with CIC is stipulated in each agreement. PTs are responsible for due diligence in respect of their nomination decisions and for document verification.
In response to (b), the legislation requires that the federal visa officer determines whether the applicant nominated by the province or territory meets the requirements of the provincial nominee class, that is, the ability to economically establish, the intent to reside, and not to be engaged in passive investment. An application will be refused if it is determined that the nomination of the applicant by a province or territory was based on a passive investment scheme entered into for the primary purpose of facilitating immigration to Canada.
In addition, it is clearly stipulated that final authority for the selection of applicants and the issuance of visas rests with the federal government. If the visa officer is not satisfied that the nomination certificate is a sufficient indicator that a foreign national can economically establish themselves in Canada, an officer may substitute his or her evaluation of the likelihood of the foreign national becoming economically established in Canada for the nominating certificate. Such a substitution requires that the officer consult with the government that issued the certificate and also requires the concurrence of a second officer at the manager level.
In response to (c), CIC must consult with PTs if a nominee is likely to be refused on the basis of their inability to demonstrate they can economically establish. However, if the individual is likely to be refused because they do not meet the admissibility requirements under IRPA, that is, in regard to security, criminality, and health, et cetera, a refusal will be made without notifying the province before the final decision. Canada will forward a copy of the refusal letter to the province.
A permanent resident visa holder in the provincial nominee, PN, class seeking permanent resident status at a port of entry, POE, must establish that they still intend to reside in the province/territory that has nominated them. Individuals who indicate that they never intended, or no longer intend, to reside in the nominating province/territory may be denied permanent resident status at the POE because they have been deemed inadmissible due to non-compliance with the criteria associated with being a member of the PN class, or for misrepresentation.
The refusal rate for the PNP is fairly low. Between October 1, 2010 and September 30, 2011 the approval rate for applications from provincial nominees was 97%. This is because provinces and territories do an initial assessment of PNs against their program criteria. The Government of Canada is committed to working with provinces and territories to make the provincial nominee program a success. We have ongoing discussions with provinces and territories on how to improve the program design, integrity, selection standards and management of the provincial nominee programs.