Regulation 76 — FSW selection criteria (points)
Text of provision
(1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:
(a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,
(i) education, in accordance with section 78,
(ii) proficiency in the official languages of Canada, in accordance with section 79,
(iii) experience, in accordance with section 80,
(iv) age, in accordance with section 81,
(v) arranged employment, in accordance with section 82, and
(vi) adaptability, in accordance with section 83; and
(b) the skilled worker must
(i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or
(ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.
(2) The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of
(a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;
(b) the number of skilled workers projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and
(c) the potential, taking into account economic and other relevant factors, for the establishment of skilled workers in Canada.
(3) Whether or not the skilled worker has been awarded the minimum number of required points referred to in subsection (2), an officer may substitute for the criteria set out in paragraph (1)(a) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada.
(4) An evaluation made under subsection (3) requires the concurrence of a second officer.
Plain English
Regulation 76 specifies the six selection factors used to assess federal skilled workers and the maximum points available for each:
- Education — up to 25 points (highest for doctoral/master's degrees with Canadian study)
- Official languages — up to 28 points (first language) + 22 points (second language)
- Work experience — up to 15 points (based on years of NOC TEER 0/1/2/3 experience)
- Age — up to 12 points (maximum for ages 18–35)
- Arranged employment — 10 points for a valid job offer
- Adaptability — up to 10 points (prior Canadian study/work, family in Canada, etc.)
The pass mark under r 76(2) is 67 points out of a maximum of 100.
Practical effect
The 67-point FSW pass mark is a threshold criterion — candidates who do not meet it are not eligible for the FSW class regardless of their CRS score in the Express Entry pool. This is distinct from the CRS invitation threshold, which fluctuates.
The NOC TEER system (Training, Education, Experience, Responsibilities) replaced the older NOC 2011 skill level system. TEER 0/1/2/3 broadly correspond to management, professional, technical, and intermediate skilled occupations. TEER 4 and 5 (lower-skill) do not qualify for FSW.