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

Act current to 2022-06-20 and last amended on 2021-11-23. Previous Versions

PART 1Immigration to Canada (continued)

DIVISION 10General Provisions (continued)

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 the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

  • 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.

  • (5) [Repealed, 2019, c. 29, s. 296]

  • (5.1) [Repealed, 2019, c. 29, s. 296]

  • (6) [Repealed, 2019, c. 29, s. 296]

  • (7) [Repealed, 2019, c. 29, s. 296]

  • Marginal note:Québec Immigration Act

    (7.1) For greater certainty, the Québec Immigration Act, CQLR, c. I-0.2.1, 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 is a member of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

  • (8) [Repealed, 2019, c. 29, s. 296]

  • 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 $200,000 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 $40,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:Meaning of proceeding

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

Marginal note:Regulations

  •  (1) The regulations may

    • (a) establish a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (b) and set the amounts of those administrative monetary penalties;

    • (b) designate as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers 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;

    • (c) prohibit acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (b); and

    • (d) provide for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (b).

  • Marginal note:Right to request review

    (2) Any regulation made under paragraph (1)(a) must provide that a person referred to in any of subsections 91(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (3), a review of the notice or of the penalty imposed.

  • Marginal note:Appointment — order

    (3) The Governor in Council may, by order, appoint one or more Canadian citizens or permanent residents to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(a) and to perform any other function conferred on them by a regulation made under that paragraph.

  • Marginal note:Tenure

    (4) A person appointed by order under subsection (3) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time.

Material Incorporated in Regulations

Marginal note:Incorporated material

  •  (1) A regulation may incorporate by reference the following material:

    • (a) material produced by a person or body other than the Governor in Council;

    • (b) material referred to in paragraph (a) that has been subsequently adapted or edited in order to facilitate its incorporation for the purposes of the regulation;

    • (c) material that has been developed jointly with another government or government agency for the purpose of harmonizing the regulation with other laws; and

    • (d) material that is technical or explanatory in nature, such as specifications, classifications, illustrations or graphs, as well as examples that may assist in the application of the regulation.

  • Marginal note:Incorporated material — instructions

    (1.1) An instruction given by the Minister or the Minister of Employment and Social Development under this Act may incorporate by reference any material, regardless of its source.

  • Marginal note:Amended from time to time

    (2) Material may be incorporated by reference on a specified date or as amended from time to time.

  • Marginal note:Incorporated material is not a regulation

    (3) For greater certainty, material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.

  • 2001, c. 27, s. 92
  • 2012, c. 19, s. 708
  • 2013, c. 33, s. 164, c. 40, s. 238
  • 2015, c. 3, s. 113(F)

Marginal note:Statutory Instruments Act

 Instructions given by the Minister or the Minister of Employment and Social Development under this Act and guidelines issued by the Chairperson under paragraph 159(1)(h) are not statutory instruments for the purposes of the Statutory Instruments Act.

  • 2001, c. 27, s. 93
  • 2013, c. 33, s. 165, c. 40, s. 238

Report to Parliament

Marginal note:Annual report to Parliament

  •  (1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.

  • Marginal note:Contents of report

    (2) The report shall include a description of

    • (a) the instructions given under section 87.3 and other activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;

    • (b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year;

    • (b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents;

    • (c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year;

    • (d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any;

    • (e) the number of persons granted permanent resident status under each of subsections 25(1), 25.1(1) and 25.2(1);

    • (e.1) any instructions given under subsection 30(1.2), (1.41) or (1.43) during the year in question and the date of their publication; and

    • (f) a gender-based analysis of the impact of this Act.

  • 2001, c. 27, s. 94
  • 2008, c. 28, s. 119
  • 2010, c. 8, s. 9
  • 2012, c. 1, s. 207
  • 2013, c. 33, s. 166
 
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