Chan v. Canada ( Minister of Employment and Immigration )
92-T-1825
Rothstein J.
12/5/94
14 pp.
Application for judicial review of immigration officer's decision applicant did not satisfy terms and conditions imposed on visa upon landing in Canada -- Applicant, citizen of Hong Kong, applied for visa to enter Canada as landed immigrant in entrepreneur category -- Conditions attached to landing in Immigration Regulations, R. 23(1)(d)(iv)(A); instead of investing in printing business, applicant invested in Universal Broadcasting Academy Inc. and assumed managerial position with company -- Issue validity of words "that will make a significant contribution to the economy" in relation to business in Canada as words contained in definition "entrepreneur" and in former R. 23(1)(d)(iv)(A) -- Immigration Act, s. 114 empowering Governor in Council to make regulations -- Words of R. 23(1)(d)(iv) not pertaining to skill, occupation, experience or other personal attributes or attainments of immigrant as envisaged by Immigration Act, s. 114(1)(a); no authority to include words in conditions attached to landing -- Immigration Act, s. 3 directing rules and regulations to recognize need to promote domestic and international interests in Canada -- Personal attributes and attainments requiring description and Parliament left to Governor in Council authority to provide additional descriptions -- Words "that will make a significant contribution to the economy" in definition of "entrepreneur" and in former R. 23(1)(d)(iv)(A) on Immigration Regulations, 1978 not ultra vires Immigration Act -- Regulations providing for attaching of terms and conditions on landing constituting application of selection standards envisaged by former s. 114(1)(a) -- Immigration officer must be permitted scope, without holding up cancellation of conditions indefinitely or arbitrarily, to reasonably satisfy himself or herself that business or commercial venture has and will make significant contribution and that employment opportunities will be created in meaningful way -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 3, 114(1)(a) (as am. by S.C. 1992, c. 49, s. 102) -- Immigration Regulations, 1978, SOR/78-172, R. 23(1)(d)(iv)(A).