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

Marginal note:Application of s. 148(2) of the Act

284 For the purposes of subsection 148(2) of the Act, a prescribed good is a good that is not land, a building or a transportation facility.

Marginal note:Object detained or seized

285 If an object is detained or seized under subsection 148(2) of the Act, that object shall remain detained or seized until

• (a) the transporter complies with its obligations under section 148 of the Act; or

• (b) the transporter’s obligations are discharged by another person.

Marginal note:Notice of seizure

• 286 (1) Following a seizure under subsection 148(2) of the Act, an officer shall make reasonable efforts to

  • (a) identify the lawful owner of the object seized; and

  • (b) give notice of the seizure to that person.

• Marginal note:Disposition after seizure

  (2) A thing seized under subsection 148(2) of the Act shall be disposed of by

  • (a) returning the object to the transporter on receipt of

    • (i) an amount equal to the value of the object at the time of seizure and any expenses incurred in the seizure and, if applicable, detention,

    • (ii) the security required under the Act or any costs and fees for which the transporter is liable, as well as an amount equal to any expenses incurred in the seizure and, if applicable, detention, or

    • (iii) evidence that the transporter is in compliance with its obligations under subsection 148(1) of the Act and has reimbursed Her Majesty in right of Canada for any expenses incurred in the seizure and, if applicable, detention; or

  • (b) disposing of the object under section 287.

Marginal note:Sale of a seized object

• 287 (1) If a transporter does not comply with paragraph 286(2)(a) within a reasonable time, an officer shall give notice to the transporter that the object will be sold. The object shall then be sold for the benefit of Her Majesty in right of Canada and the proceeds of the sale shall be applied to the transporter’s outstanding debt to Her Majesty under the Act. Any surplus shall be returned to the transporter.

• Marginal note:Costs incurred in seizure

  (2) Any expenses incurred by Her Majesty in right of Canada in selling the object, and any expenses incurred in the seizure or, if applicable, detention of the object, shall be deducted from the proceeds of the sale.

PART 18Loans

Marginal note:Definition of beneficiary

288 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.

Marginal note:Types of loans

289 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.

Marginal note:Maximum amount

• 290 (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $400 million.

• 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

• 291 (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.

Marginal note:Deferred repayment

• 292 (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.

Marginal note:No interest on loan

• 293 (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.

PART 19Fees

DIVISION 1General

Marginal note:Interpretation

294 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

• 294.1 (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).

Permanent Resident Visas

Marginal note:Permanent resident visa

• 295 (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.

Temporary Resident Visas

Marginal note:Single or multiple entry — $100

• 296 (1) A fee of $100 is payable for processing an application for a temporary resident visa to enter Canada one or more times.

• Marginal note:Exception

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

  • (a) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member, the members of the suite of such a person and the family members of such a person;

  • (b) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members;

  • (c) a person who is a member of the clergy, a member of a religious order or a lay person who is to assist a congregation or a group in the achievement of its spiritual goals, if the duties to be performed by the person are to consist mainly of preaching doctrine, presiding at liturgical functions or spiritual counselling, and their family members;

  • (d) persons, other than a group of performing artists and their staff, who apply at the same time and place for a work permit or a study permit;

  • (e) a person who is seeking to enter Canada

    • (i) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant,

    • (ii) for the purpose of attending a meeting as a representative of the Organization of American States or the Caribbean Development Bank, or

    • (iii) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, at the invitation of the Government of Canada;

  • (f) a person who is seeking to enter Canada as a competitor, coach, judge, team official, medical staff member or member of a national or international sports organizing body participating in the Pan-American Games, when held in Canada, or as a performer participating in a festival associated with any of those Games; and

  • (g) a person who is seeking to enter Canada for a period of less than 48 hours and who is

    • (i) travelling by transporter’s vehicle to a destination other than Canada, or

    • (ii) transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another transporter’s vehicle.

  • (h) [Repealed, SOR/2014-19, s. 2]

• Marginal note:Maximum fee — family

  (3) The total amount of fees payable under subsection (1) by an applicant and their family members who apply together and at the same time must not exceed $500.