Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2017-11-20 and last amended on 2017-10-18. Previous Versions

Loans

Marginal note:Loans
  •  (1) The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund, up to the maximum amount that is prescribed, sums that the Minister may require in order to make loans for the purposes of this Act.

  • Marginal note:Regulations

    (2) The regulations may provide for any matter relating to the application of this section, and may include provisions respecting classes of persons to whom, and the purposes for which, the loans may be made.

Fees

Marginal note:Regulations
  •  (1) The regulations may govern fees for services provided in the administration of this Act, and cases in which fees may be waived by the Minister or otherwise, individually or by class.

  • Marginal note:Service Fees Act

    (1.1) The Service Fees Act does not apply to a fee for the provision of services in relation to a request for an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit.

  • Marginal note:Service Fees Act

    (1.2) The Service Fees Act does not apply to a fee for the provision of services in relation to the processing of an application

    • (a) for a temporary resident visa or permanent resident visa;

    • (b) for a work permit or study permit;

    • (c) for an extension of an authorization to remain in Canada as a temporary resident;

    • (d) to remain in Canada as a permanent resident;

    • (e) to sponsor a foreign national as a member of the family class;

    • (f) to make the request referred to in subsection 25(1);

    • (g) for a travel document issued under subsection 31(3); and

    • (h) for a permanent resident card.

  • Marginal note:Service Fees Act

    (2) The Service Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).

  • Marginal note:Service Fees Act

    (3) The Service Fees Act does not apply to a fee for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of related services.

  • Marginal note:Service Fees Act

    (4) The Service Fees Act does not apply to a fee for the examination of the circumstances of a foreign national under subsection 25.2(1).

  • 2001, c. 27, s. 89;
  • 2012, c. 17, s. 30, c. 31, ss. 312, 313;
  • 2013, c. 33, s. 162, c. 40, s. 237;
  • 2014, c. 39, s. 310;
  • 2017, c. 20, ss. 304, 454.
Marginal note:Fees for rights and privileges
  •  (1) The regulations may

    • (a) govern fees to be paid for rights and privileges conferred by means of a work permit; and

    • (b) waive the fees referred to in paragraph (a) for certain work permits or certain classes of work permits.

  • Marginal note:Service Fees Act

    (2) The Service Fees Act does not apply to fees referred to in paragraph (1)(a).

  • 2013, c. 33, s. 163;
  • 2017, c. 20, s. 454.
Marginal note:Service Fees Act

 The Service Fees Act does not apply to fees for the acquisition of permanent resident status.

  • 2017, c. 20, s. 305.
Marginal note:Fees — compliance regime
  •  (1) The regulations may

    • (a) govern fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of foreign nationals whose authorizations to work in Canada do not require an assessment provided by the Department of Employment and Social Development; and

    • (b) govern cases in which the fees referred to in paragraph (a) are waived.

    • (c) and (d) [Repealed, 2015, c. 36, s. 173]

  • Marginal note:Service Fees Act

    (2) The Service Fees Act does not apply to fees referred to in paragraph (1)(a).

  • 2014, c. 39, s. 312;
  • 2015, c. 36, s. 173;
  • 2017, c. 20, s. 454.

Social Insurance Numbers

Marginal note:Minister directs special numbers to be issued

 The Minister may direct the Canada Employment Insurance Commission to assign to persons, other than Canadian citizens or permanent residents, Social Insurance Numbers identifying those persons as persons who may be required under this Act to obtain authorization to work in Canada.

  • 2001, c. 27, s. 90;
  • 2012, c. 19, s. 311.

Representation or Advice

Marginal note:Representation or advice for consideration
  •  (1) Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

  • Marginal note:Persons who may represent or advise

    (2) A person does not contravene subsection (1) if they are

    • (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

    • (b) any other member in good standing of a law society of a province or the Chambre des notaires du Québec, including a paralegal; or

    • (c) a member in good standing of a body designated under subsection (5).

  • Marginal note:Students-at-law

    (3) A student-at-law does not contravene subsection (1) by offering or providing representation or advice to a person if the student-at-law is acting under the supervision of a person mentioned in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

  • Marginal note:Agreement or arrangement with Her Majesty

    (4) An entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with the submission of an expression of interest under subsection 10.1(3) or an application under this Act, including for a permanent or temporary resident visa, travel documents or a work or study permit, does not contravene subsection (1) if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

  • Marginal note:Designation by Minister

    (5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.

  • Marginal note:Revocation of designation

    (5.1) For greater certainty, subsection (5) authorizes the Minister to revoke, by regulation, a designation made under that subsection.

  • Marginal note:Regulations — required information

    (6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.

  • Marginal note:Regulations — transitional measures

    (7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures

    • (a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and

    • (b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act without contravening subsection (1).

  • Marginal note:An Act respecting immigration to Québec

    (7.1) For greater certainty, An Act respecting immigration to Québec, R.S.Q., c. I-0.2, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and

    • (a) is authorized to do so under regulations made under paragraph (7)(b); or

    • (b) is a member of a body designated under subsection (5).

  • Marginal note:Persons made members of a body

    (8) For greater certainty, nothing in measures referred to in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.

  • Marginal note:Penalties

    (9) Every person who contravenes subsection (1) commits an offence and is liable

    • (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than six months, or to both.

  • Meaning of proceeding

    (10) For greater certainty, in this section, proceeding does not include a proceeding before a superior court.

  • 2001, c. 27, s. 91;
  • 2011, c. 8, s. 1;
  • 2013, c. 40, s. 292.
 
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