Is subsection 2(1) of the Immigration Regulations ultra vires?

The applicant says that subsection 2(1) of the Regulations is ultra vires as there is nothing in the Act to authorize the requirement in the definition that the business will make a significant contribution to the economy or the cultural or artistic life of Canada. Here the visa officer found that the applicant did not show that he had the ability to operate a business successfully. The applicant does not assert that this portion of the definition as ultra vires. Whether the latter portion of subsection 2(1) is ultra vires is not material to the facts of this case. I would note, however, that a similar provision respecting entrepreneurial applicants in the Immigration Regulations has been found not to be ultra vires, see Chan v. Canada (Minister of Employment and Immigration) 1994, 79 F.T.R. 263, at paras. 18-23.