Immigration Rules Adopt NOC 2021
Regulations Amending the Immigration and Refugee Protection Regulations (National Occupational Classification 2021): SOR/2022-220
These final regulations update the Immigration and Refugee Protection Regulations to use the National Occupational Classification 2021 (NOC 2021) and the new TEER categories for assessing occupational eligibility. The change affects which occupations qualify for the Federal Skilled Worker, Federal Skilled Trades, Canadian Experience Class and Atlantic Immigration Program and came into force on 2022-11-16.
- Published
- November 9, 2022
- Department
- Unavailable
- Section
- Regulations Amending the Immigration and Refugee Protection Regulations (National Occupational Classification 2021)
- Comment deadline
- Unavailable
- Effective date
- November 16, 2022
- Publication part
- Part II
Summary
Summary#
These are the final Regulations Amending the Immigration and Refugee Protection Regulations (National Occupational Classification 2021) (SOR/2022-220). They switch the job-classification system used by immigration rules to National Occupational Classification 2021 (NOC 2021) and update which jobs count as “skilled” for several immigration programs. The changes came into force on November 16, 2022.
What it does#
- Replaces the old NOC structure in the Immigration and Refugee Protection Regulations with the new NOC 2021 format. That includes changing from the old skill type/level labels to the new TEER (training, education, experience and responsibilities) categories and from a four-digit to a five-digit coding system.
- Adds a definition for TEER Category and clarifies that the Regulations use whatever version of the NOC is current.
- Updates the occupational eligibility rules for these programs so they use TEER categories instead of old NOC skill levels:
- Federal Skilled Worker Program: now open to occupations in TEER 3 or above (previously Skill Level B or above). 16 previously ineligible occupations become eligible; 3 currently eligible occupations become ineligible.
- Federal Skilled Trades Program: now open to skilled-trade occupations in TEER 3 or above. 8 previously ineligible occupations become eligible; all currently eligible occupations are kept.
- Canadian Experience Class: now open to occupations in TEER 3 or above. 16 previously ineligible occupations become eligible; 3 currently eligible occupations become ineligible.
- Atlantic Immigration Program: now open to occupations in TEER 4 or above (previously Skill Level C or above). 13 currently eligible occupations become ineligible for that program.
- Updates references to specific NOC groupings and unit codes so the rules match the new NOC layout.
- Sets out how TEER categories relate to the old skill types (for example, Skill Type 0 → TEER 0, Skill Level A → TEER 1, Skill Level B → TEER 2 and 3, etc.).
Who's affected#
- Foreign nationals applying for permanent residence under the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and the Atlantic Immigration Program. Some applicants will gain new pathways; others in a small number of occupations will lose eligibility for those specific programs.
- Employers and provinces who use these programs to hire or nominate workers. The practical rules for offering jobs stay largely the same, but which occupations qualify can change.
- Immigration, Refugees and Citizenship Canada (IRCC) officers and the systems they use (such as the Global Case Management System) because they must apply the new NOC coding and categories.
- Employment and Social Development Canada (ESDC) and Statistics Canada, since the Regulations now explicitly follow the version of NOC used by those departments.
- It is unclear exactly which individual job titles gain or lose eligibility without checking the NOC 2021 crosswalk for each occupation.
Why it matters#
- The NOC is how Canada sorts and compares jobs for immigration rules. Moving to NOC 2021 changes which jobs count as “skilled” for key permanent-residence pathways. That affects who can apply through those programs.
- The four affected programs together accounted for about 42% of permanent resident admissions in 2021, so the change touches a large share of economic immigration routes.
- For many applicants the change opens new routes to permanent residence. For a smaller number, it removes one specific route and means they would need to try an alternate path.
- The Government estimates the regulatory change costs $1.3 million in present value to administer over ten years, including $0.1 million in one-time transition costs and $1.2 million in ongoing costs. The major IT updates to use NOC 2021 across all programs are being done regardless of these specific regulatory changes.
- If you or someone you know is planning to apply, check which TEER category your job falls into under NOC 2021 before applying.
Key topics
Source: Canada Gazette