The Instructions
The Minister has the authority to give instructions that govern any matter concerning the application of this Division. As such, the Minister could issue instructions respecting:
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The classes in respect of which subsection 10.1 (1) applies
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The electronic system referred to in subsections 10.1 (3) and 10.2 (3)
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The submission and processing of an expression of interest, including by means of the electronic system
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The circumstances in which an expression of interest could be submitted by means other than the electronic system and respecting those other means
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The criteria that a foreign national would need to meet for being eligible to receive invitations to make an application
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The period during which a foreign national remains eligible for receiving invitations to make an application
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The personal information that the Minister might consider disclosing under the provisions specified in section 10.4 and the entities to which the Minister might disclose this information
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The basis on which an eligible foreign national would receive a ranking relative to other eligible foreign nationals
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The rank an eligible foreign national would need to occupy in order to receive invitations for making an application
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The number of invitations that the officers can issue within a specified period – this includes those in respect of a class referred to in an instruction specified in paragraph (a)
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The period within which applicants would need to make applications once the authorities have issued the relevant applications
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The means by which the officers would need to advise foreign nationals of any matter relating to their expression of interest, including an invitation to make an application and,
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Any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organisation with respect to a foreign national
Note:
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For the remainder of this section, the contents of this segment would constitute subsection (1)
The Clarification
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For greater certainty, any instructions specified in regard to the number of invitations that the officers can issue within a specified period – this includes those in respect of a class referred to in an instruction specified in paragraph (a) – could specify that the number of invitations that the officers can issue in any specified period in respect of a class be zero
The Guidelines for the Application of Instructions
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Instructions specified for any of the points mentioned below apply in respect of expressions of interest that are submitted before the day on which the instruction takes effect, unless the instructions specify otherwise:
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The classes in respect of which subsection 10.1 (1) applies
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The electronic system referred to in subsections 10.1 (3) and 10.2 (3)
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The period during which a foreign national remains eligible for receiving invitations to make an application
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The personal information that the Minister might consider disclosing under the provisions specified in section 10.4 and the entities to which the Minister might disclose this information
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The basis on which an eligible foreign national would receive a ranking relative to other eligible foreign nationals
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The rank an eligible foreign national would need to occupy in order to receive invitations for making an application
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The number of invitations that the officers can issue within a specified period – this includes those in respect of a class referred to in an instruction specified in paragraph (a)
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The period within which applicants would need to make applications once the authorities have issued the relevant applications and,
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The means by which the officers would need to advise foreign nationals of any matter relating to their expression of interest, including an invitation to make an application
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The Publication
The authorities would need to publish the instructions given in subsection (1) on the Department of Citizenship and Immigration’s internet site. In addition, the authorities would need to publish instructions concerning the following in the Canada Gazette:
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The classes in respect of which subsection 10.1 (1) applies
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The circumstances in which an expression of interest could be submitted by means other than the electronic system and respecting those other means
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The criteria that a foreign national would need to meet for being eligible to receive invitations to make an application
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The period during which a foreign national remains eligible for receiving invitations to make an application
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The personal information that the Minister might consider disclosing under the provisions specified in section 10.4 and the entities to which the Minister might disclose this information
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The period within which applicants would need to make applications once the authorities have issued the relevant applications and,
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The means by which the officers would need to advise foreign nationals of any matter relating to their expression of interest, including an invitation to make an application
The Criteria Provided for Under Other Divisions
For greater certainty, any instruction specified in subsection (1) might provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act, with regards to the applications for permanent residence.
The Disclosure of Information
The Minister has the authority to disclose personal information provided to the Minister by the foreign national. This is in accordance with the provisions specified in section 10.1. This is also in accordance with the instructions specified in paragraph 10.3 (1) (g). Thus, the Minister can disclose personal information provided by foreign nationals to an entity referred to in the instructions given in paragraph 10.3 (1) (g). This disclosure of information serves to facilitate the selection of a foreign national as a member of the economic class or as a temporary resident.
