Regulation 61 — Points — language ability
Text of provision
(1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(i) that is capable of generating revenue and is carried on in anticipation of profit, and
(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or
(c) an organization or enterprise created under the laws of Canada or a province.
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.
(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
(a) a position outside Canada;
(b) an affiliated enterprise outside Canada; or
(c) a client of the Canadian business or the public service outside Canada.
(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.
(5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.
(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age.
Plain English
Regulation 61 sets out the maximum points (28) for language ability in the FSW grid. Language is assessed by reference to the Canadian Language Benchmarks (CLB) for English or the Niveaux de compétence linguistique canadiens (NCLC) for French. To receive maximum points, an applicant must demonstrate CLB/NCLC 9 or higher in all four abilities: speaking, listening, reading, and writing.
Designated language tests include IELTS General Training for English and TEF Canada / TCF Canada for French.
Practical effect
Language scores are assessed on the CLB scale, which is converted from the raw scores on designated tests. The conversion tables are published by IRCC and Language Training Canada. Language ability is also a component of the CRS score — higher language scores generate more CRS points. The requirement to submit designated test results means that applicants must take an IRCC-approved test; other English tests (e.g., Cambridge C1/C2, TOEFL for academic programs) are not accepted for immigration purposes.