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

Act current to 2022-11-16 and last amended on 2022-06-23. Previous Versions

PART 1Immigration to Canada (continued)

DIVISION 10General Provisions (continued)

Federal Skilled Workers

Marginal note:Application made before February 27, 2008

  •  (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.

  • Marginal note:Application

    (2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.

  • Marginal note:Effect

    (3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

  • Marginal note:Fees returned

    (4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

  • Marginal note:No recourse or indemnity

    (5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).

  • 2012, c. 19, s. 707

Federal Investor and Entrepreneur Classes

Marginal note:Pending applications

  •  (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to the class in question.

  • Marginal note:Application

    (2) Subsection (1) does not apply to

    • (a) an application in respect of which a superior court has made a final determination unless the determination is made on or after February 11, 2014; or

    • (b) an application made by an investor or entrepreneur who is selected as such by a province whose government has entered into an agreement referred to in subsection 9(1).

  • Marginal note:Effect

    (3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

  • Marginal note:Fees returned

    (4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

  • Marginal note:Investment returned

    (5) If an application for a permanent resident visa as a member of the prescribed class of investors is terminated under subsection (1), an amount equal to the investment made by the applicant in respect of their application must be returned, without interest, to the applicant. The amount may be paid out of the Consolidated Revenue Fund.

  • Marginal note:Provincial allocation

    (6) If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. The return of the amount extinguishes the debt obligation in respect of that provincial allocation.

  • Marginal note:No recourse or indemnity

    (7) No right of recourse or indemnity lies against Her Majesty in right of Canada in connection with an application that is terminated under subsection (1), including in respect of any contract or other arrangement relating to any aspect of the application.

  • 2014, c. 20, s. 303

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.

 
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