Regulation 43 — Provincial nominees — selection criteria
Text of provision
(1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act:
(a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing;
(b) to not engage in any work in Canada;
(c) to not attend any educational institution in Canada;
(d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada; and
(e) to comply with all requirements imposed on them by an order or regulation made under the Emergencies Act or the Quarantine Act.
(2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident.
Plain English
Regulation 43 establishes that a foreign national is a member of the provincial nominee class if they are nominated by a province pursuant to a federal-provincial agreement and intend to reside in that province.
A provincial nomination is a bilateral arrangement — IRCC processes the federal permanent residence application; the province selects the applicant through its provincial program. IRCC cannot substitute its own selection judgment for the province's, except on inadmissibility grounds.
Practical effect
Provincial nominees bypass the federal points test (CRS points in Express Entry for enhanced PNP streams, or the standard points test for paper-based PNP). A valid nomination is the key eligibility criterion. Nominees who apply through the Express Entry-linked PNP stream receive 600 additional CRS points, making a nomination effectively equivalent to a guaranteed ITA. Non-Express Entry PNP applicants apply on a paper process and wait 18–24+ months for IRCC processing.