On January 1, 2013, the Canadian work experience requirement of the Canadian Experience Class (“CEC“) is being reduced from 24 months to 12. Applicants who have 12 months work experience in the 36 months preceding an application will now be eligible to apply to the program. Only applicants with National Occupational Classification 0, A or B work experience will continue to qualify for the CEC.
As well, a minimum language threshold will be required in each of the four abilities for applicants to the CEC. As with the new Federal Skilled Worker Class, the Minister shall have the authority to set the language threshold. Initially, it is anticipated that the threshold would be set at CLB/NCLC 7 for NOC 0 and A applicants and CLB/NCLC 5, or in each ability for NOC B applicants.
The new CEC regulations are:
87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.
Member of the class
(2) A foreign national is a member of the Canadian experience class if
(a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations; and
(b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;
(c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;
(d) they have had their proficiency in the English or French language evaluated by an organization or institution designated undersubsection 74(3) and have met the applicable threshold fixed by the Minister under subsection 74(1) for each of the four language skill areas; and
(e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).
(3) For the purposes of subsection (2),
(a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;
(b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and
(c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training.
(d) to (g) [Repealed, SOR/2012-274, s. 13]
Applicants are not required to perform all of the duties of a NOC, as long as they perform a substantial number of them. (Benoit v. Canada)