Regulation 37 — Federal-provincial agreements
Text of provision
(1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when
(a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;
(b) if the person is an in-transit passenger, the person departs from Canada;
(c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or
(d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.
(2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs:
(a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act;
(b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry.
Plain English
Regulation 37 provides that the selection of foreign nationals for permanent residence under federal-provincial agreements, including the Provincial Nominee Programs, is to be carried out in accordance with those agreements.
Where a province nominates a foreign national and the nomination is not challenged by IRCC on inadmissibility grounds, IRCC is generally required to issue permanent residence to the nominated person — reflecting the federal-provincial nature of the PNP.
Practical effect
Provincial Nominee Programs operate under bilateral agreements between the federal government and each province/territory. IRCC retains authority to refuse permanent residence on inadmissibility grounds even where a provincial nomination exists — the nomination is a necessary but not sufficient condition for PR. The 14 provinces and territories (except Nunavut) operate PNP streams, and the specific streams and requirements vary significantly by province.