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Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2024-03-06 and last amended on 2022-05-20. Previous Versions

PART 18Loans

Marginal note:Definition of beneficiary

 In this Part, beneficiary, in respect of a person, means

  • (a) the person’s spouse, common-law partner or conjugal partner;

  • (b) a dependent child of the person or of the person’s spouse, common-law partner or conjugal partner; and

  • (c) any other person who, at the time of their application for a permanent resident visa or their application to remain in Canada as a permanent resident, is in a relationship of dependency with the person by virtue of being cared for by or receiving emotional and financial support from the person.

  • SOR/2009-163, s. 10(F)

Marginal note:Types of loans

 The Minister may make loans to the following persons for the following purposes:

  • (a) to a foreign national referred to in Part 1 of the Act for the purpose of

    • (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) assisting the foreign national and their beneficiaries to become established in Canada, or

    • (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by the foreign national and their beneficiaries of permanent resident status;

  • (b) to a foreign national referred to in Part 2 of the Act for the purpose of

    • (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) defraying the cost to the foreign national and their beneficiaries of transportation to attend any interview relating to their application, and related administrative charges,

    • (iii) defraying the cost to the foreign national and their beneficiaries of a medical examination under paragraph 16(2)(b) of the Act, and related costs and administrative charges, or

    • (iv) assisting the foreign national and their beneficiaries to become established in Canada; and

  • (c) to a permanent resident or a Canadian citizen for the purpose of

    • (i) defraying the cost to their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) defraying the cost to their beneficiaries of a medical examination under paragraph 16(2)(b) of the Act, and related costs and administrative charges, if the beneficiaries are protected persons within the meaning of subsection 95(2) of the Act, or

    • (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by their beneficiaries of permanent resident status.

  • SOR/2009-163, s. 11(F)
  • SOR/2012-154, s. 14

Marginal note:Maximum amount

  •  (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $300,000,000.

  • Marginal note:Total loans

    (2) The total amount of all loans made under this Part plus accrued interest on those loans shall not at any time exceed the maximum amount of advances prescribed by subsection (1).

Marginal note:Repayment

  •  (1) Subject to section 292, a loan made under section 289 becomes payable

    • (a) in the case of a loan for the purpose of defraying transportation costs, one year after the day on which the person for whose benefit the loan was made enters Canada; and

    • (b) in the case of a loan for any other purpose, one year after the day on which the loan was made.

  • Marginal note:Repayment terms

    (2) Subject to section 292, a loan made under section 289, together with all accrued interest, if applicable, must be repaid in full, in consecutive monthly instalments, within

    • (a) 36 months after the day on which the loan becomes payable, if the amount of the loan is not more than $1,200;

    • (b) 48 months after the day on which the loan becomes payable, if the amount of the loan is more than $1,200 but not more than $2,400;

    • (c) 60 months after the day on which the loan becomes payable, if the amount of the loan is more than $2,400 but not more than $3,600;

    • (d) 72 months after the day on which the loan becomes payable, if the amount of the loan is more than $3,600 but not more than $4,800; and

    • (e) 96 months after the day on which the loan becomes payable, if the amount of the loan is more than $4,800.

  • SOR/2009-163, s. 12(F)
  • SOR/2018-22, s. 2

Marginal note:Deferred repayment

  •  (1) If repaying a loan, in accordance with the requirements of section 291, that was made to a person under section 289 would, by reason of the person’s income, assets and liabilities, cause the person financial hardship, an officer may, to the extent necessary to relieve that hardship but subject to subsection (2), defer the commencement of the repayment of the loan, defer payments on the loan, vary the amount of the payments or extend the repayment period.

  • Marginal note:Maximum extension

    (2) A repayment period shall not be extended beyond

    • (a) an additional 24 months, in the case of a loan referred to in paragraph 289(b); and

    • (b) an additional six months, in the case of any other loan.

  • SOR/2009-163, s. 13(F)

Marginal note:No interest on loan

  •  (1) A loan made under this Part bears no interest as of the day on which this section comes into force.

  • Marginal note:Unpaid loan

    (2) The interest on any loan that has not been repaid before that day continues to accrue until the day preceding that day.

  • SOR/2006-116, s. 1
  • SOR/2018-22, s. 3

PART 19Fees

DIVISION 1General

Marginal note:Interpretation

 In this Part,

  • (a) a fee payable under this Part is payable not per application but for each person in respect of whom an application is made;

  • (b) subject to subsections 295(3), 301(2), 304(2) and 314(3), a fee payable under this Part for processing an application is payable at the time the application is made;

  • (c) subject to subsections 295(4) and 301(3), if the requirement to pay a fee depends on a person’s age or the amount of a fee is calculated in accordance with their age, the age of the person shall be determined as of the day the application in respect of which the fee is payable is made; and

  • (d) the fees set out in subsections 295(1) and 301(1), section 302, subsection 304(1) and section 307 shall be indexed at 09:00:00 a.m. Eastern daylight time on April 30, 2022, and every two years after that on April 30 at that same time, in accordance with the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years, rounded to the nearest five dollars.

DIVISION 2Fees for Applications for Authorizations, Visas and Permits

Electronic Travel Authorizations

Marginal note:Fee — $7

  •  (1) A fee of $7 is payable for processing an application for an electronic travel authorization.

  • Marginal note:Exception

    (2) A person whose application for a work permit or study permit or for renewal of a work permit or study permit is considered, as the case may be, under subsection 12.04(5) or (6), to constitute an application for an electronic travel authorization is not required to pay the fee referred to in subsection (1).

  • SOR/2015-77, s. 8
  • SOR/2017-53, s. 10

Permanent Resident Visas

Marginal note:Permanent resident visa

  •  (1) The following fees are payable for processing an application for a permanent resident visa:

    • (a) if the application is made by a person as a member of the family class

      • (i) in respect of a principal applicant, other than a principal applicant referred to in subparagraph (ii), $475,

      • (ii) in respect of a principal applicant who is a foreign national referred to in any of paragraphs 117(1)(b), (f), (g) or (h), is less than 22 years of age and is not a spouse or common-law partner, $75,

      • (iii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and

      • (iv) in respect of a family member of the principal applicant who is a dependent child, $150;

    • (b) if the application is made by a person as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class

      • (i) in respect of a principal applicant, $1,575,

      • (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $825, and

      • (iii) in respect of a family member of the principal applicant who is a dependent child, $225; and

    • (c) if the application is made by a person as a member of any other class or by a person referred to in section 71

      • (i) in respect of a principal applicant, $825,

      • (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $825, and

      • (iii) in respect of a family member of the principal applicant who is a dependent child, $225.

  • Marginal note:Exception — refugees

    (2) The following persons are not required to pay the fees referred to in subsection (1):

    • (a) a person who makes an application as a member of the Convention refugees abroad class and the family members included in the member’s application; and

    • (b) a person who makes an application as a member of a humanitarian-protected persons abroad class and the family members included in the member’s application.

  • (2.1) [Repealed, SOR/2019-174, s. 12]

  • (2.2) [Repealed, SOR/2016-316, s. 14]

  • Marginal note:Payment by sponsor

    (3) A fee payable under subsection (1) in respect of a person who makes an application as a member of the family class or their family members

    • (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and

    • (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application for a permanent resident visa has begun, the sponsorship application is withdrawn by the sponsor.

  • Marginal note:Age

    (4) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed.

  • SOR/2003-383, s. 6
  • SOR/2005-61, s. 7
  • SOR/2009-163, s. 15
  • SOR/2011-222, s. 7
  • SOR/2014-133, s. 10
  • SOR/2016-316, s. 14
  • SOR/2017-60, s. 4
  • SOR/2018-72, s. 7
  • SOR/2019-174, s. 12
  • SOR/2020-45, s. 2
 

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