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下面PART 8 是REFUGEE CLASSES，所以我省去，直接接Part 9

PART 9

TEMPORARY RESIDENTS


DIVISION 1

TEMPORARY RESIDENT VISA


Issuance

179. An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national


(a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;



(b) will leave Canada by the end of the period authorized for their stay under Division 2;



(c) holds a passport or other document that they may use to enter the country that issued it or another country;



(d) meets the requirements applicable to that class;



(e) is not inadmissible; and



(f) meets the requirements of section 30.



Holders of Temporary Resident Visas


Authorization

180. A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members


(a) met the requirements for issuance of their temporary resident visa at the time it was issued; and



(b) continue to meet these requirements at the time of the examination on entry into Canada.



Applications for Extension of Authorization to Remain in Canada as a Temporary Resident


Circumstances

181. (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if


(a) the application is made by the end of the period authorized for their stay; and



(b) they have complied with all conditions imposed on their entry into Canada.



  
Extension

(2) An officer shall extend the foreign national's authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.


Restoration of Temporary Resident Status


Restoration

182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.


DIVISION 2

CONDITIONS ON TEMPORARY RESIDENTS


General conditions

183. (1) Subject to section 185, the following conditions are imposed on all temporary residents:


(a) to leave Canada by the end of the period authorized for their stay;



(b) to not work, unless authorized by this Part or Part 11; and



(c) to not study, unless authorized by this Part or Part 12.



  
Authorized period of stay

(2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of


(a) the temporary resident's means of support in Canada;



(b) the period for which the temporary resident applies to stay; and



(c) the expiry of the temporary resident's passport or other travel document.



  
Authorized period begins

(3) The period authorized for the stay of a temporary resident begins on


(a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized; and



(b) in any other case, the day on which they enter Canada.



  
Authorized period ends

(4) The period authorized for a temporary resident's stay ends on the earliest of


(a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;



(b) the day on which any work permit or study permit issued to the temporary resident expires;



(c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or



(d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.



  
Extension of period authorized for stay

(5) If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until


(a) the day on which a decision is made, if the application is refused; or



(b) the end of the new period authorized for their stay, if the application is allowed.



  
Continuation of status and conditions

(6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.


Condition imposed on members of a crew

184. (1) A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew.

  
Conditions imposed on foreign nationals who enter to become members of a crew

(2) The following conditions are imposed on a foreign national who enters Canada to become a member of a crew:


(a) [Repealed, SOR/2004-167, s. 50]



(b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and



(c) to leave Canada within 72 hours after they cease to be a member of a crew.



SOR/2004-167, s. 50.


Specific conditions

185. An officer may impose, vary or cancel the following specific conditions on a temporary resident:


(a) the period authorized for their stay;



(b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including



(i) the type of work,



(ii) the employer,



(iii) the location of the work,



(iv) the times and periods of the work, and



(v) in the case of a member of a crew, the period within which they must join the means of transportation;



(c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including



(i) the type of studies or course,



(ii) the educational institution,



(iii) the location of the studies, and



(iv) the times and periods of the studies;



(d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and



(e) the times and places at which they must report for

(i) medical examination, surveillance or treatment, or



(ii) the presentation of evidence of compliance with applicable conditions.



SOR/2004-167, s. 51(F).


Division 3

Work Without a Permit


No permit required

186. A foreign national may work in Canada without a work permit


(a) as a business visitor to Canada within the meaning of section 187;



(b) as a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;



(c) if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the Department of Foreign Affairs and International Trade and that Department has stated in writing that it does not object to the foreign national working in Canada;



(d) as 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 those armed forces;



(e) as an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;



(f) if they are a full-time student, on the campus of the university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college;



(g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if



(i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and



(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services, nor performing in a bar, restaurant or similar establishment;



(h) as a participant in sports activities or events, in Canada, either as an individual participant or as a member of a foreign-based team or Canadian amateur team;



(i) as an employee of a foreign news company for the purpose of reporting on events in Canada;



(j) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days;



(k) as a member of the executive of a committee that is organizing a convention or meeting in Canada or as a member of the administrative support staff of such a committee;



(l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;



(m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition;



(n) as an examiner or evaluator of research proposals, academic projects or programs or university theses;



(o) as an expert who conducts surveys or analyses that are to be used as evidence before a federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, tribunal or court of law;



(p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field;



(q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights;



(r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act;



(s) as a member of a crew who is employed by a foreign company aboard a means of transportation that



(i) is foreign-owned and not registered in Canada, and



(ii) is engaged primarily in international transportation;



(t) as a provider of emergency services, including medical services, for the protection or preservation of life or property; or



(u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.



Business visitors

187. (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.

  
Specific cases

(2) The following foreign nationals are business visitors:


(a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;



(b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and



(c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.



  
Factors

(3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if


(a) the primary source of remuneration for the business activities is outside Canada; and



(b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.



Division 4

Study Without a Permit


No permit required

188. (1) A foreign national may study in Canada without a study permit


(a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;



(b) as 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 those armed forces; or



(c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada.



  
Exception

(2) Despite paragraph (1)(c), a foreign national may apply for a study permit before entering Canada for a course or program of studies of a duration of six months or less.

SOR/2004-167, s. 52(F).


Expired study permits

189. A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.


DIVISION 5

TEMPORARY RESIDENT VISA EXEMPTIONS


Visa exemption — nationality

190. (1) A foreign national does not require a temporary resident visa if they


(a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei Darussalam, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia, Solomon Islands, Spain, Swaziland, Sweden, Switzerland or Western Samoa;



(b) are



(i) a British citizen,



(ii) a British overseas citizen who is re-admissible to the United Kingdom, or



(iii) a citizen of a British overseas territory who derives that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands; or



(c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.



  
Visa exemption — documents

(2) A foreign national does not require a temporary resident visa if they


(a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are 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 international organization of which Canada is a member;



(b) hold a passport or travel document issued by the Holy See;



(c) hold a national Israeli passport;



(d) hold a Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People's Republic of China; or



(e) hold a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong.



  
Visa exemption — purpose of entry

(3) A foreign national does not require a temporary resident visa if they are seeking to enter and remain in Canada solely


(a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,



(i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or



(ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;



(b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and



(i) they are in possession of a visa to enter the United States and their flight is bound for that country, or



(ii) they were lawfully admitted to the United States and their flight originated in that country;



(c) to transit through Canada as a passenger on a flight if the foreign national



(i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,



(ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and



(iii) is in possession of any visa required to enter the country of destination;



(d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;



(e) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States;



(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they



(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and



(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;



(g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or



(h) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.



  (3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel does not require a temporary resident visa if they are seeking


(a) to enter Canada as a member of the crew of the vessel; and



(b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.



  
Content of memorandum of understanding

(4) A memorandum of understanding referred to in paragraph (3)(c) shall include provisions respecting


(a) the countries to which the memorandum of understanding applies;



(b) the scheduled flights to which the memorandum of understanding applies; and



(c) the commercial transporter's obligation to control the movement of in-transit passengers.



SOR/2002-326, s. 1; SOR/2002-332, s. 1; SOR/2003-197, s. 2; SOR/2003-260, s. 2; SOR/2004-111, s. 1; SOR/2004-167, s. 53(E); SOR/2006-228, s. 1; SOR/2007-238, s. 1.

jackieyu

PART 10

VISITORS


Class

191. The visitor class is prescribed as a class of persons who may become temporary residents.


Visitor

192. A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor.


Conditions

193. A visitor is subject to the conditions imposed under Part 9.


PART 11

WORKERS


DIVISION 1

GENERAL RULES


Class

194. The worker class is prescribed as a class of persons who may become temporary residents.


Worker

195. A foreign national is a worker and a member of the worker class if the foreign national has been authorized to enter and remain in Canada as a worker.


Work permit required

196. A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.


DIVISION 2

APPLICATION FOR WORK PERMIT


Application before entry

197. A foreign national may apply for a work permit at any time before entering Canada.


Application on entry

198. (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

  
Exceptions

(2) A foreign national may not apply for a work permit when entering Canada if


(a) a determination under section 203 is required, unless



(i) the Department of Human Resources Development has provided an opinion under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment or employment as a live-in caregiver — to the foreign national, or



(ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;



(b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(4); or



(c) the foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada.



SOR/2004-167, s. 54.


Application after entry

199. A foreign national may apply for a work permit after entering Canada if they


(a) hold a work permit;



(b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;



(c) hold a study permit;



(d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;



(e) are a family member of a person described in any of paragraphs (a) to (d);



(f) are in a situation described in section 206 or 207;



(g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;



(h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or



(i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

SOR/2004-167, s. 55.


Division 3

Issuance of Work Permits


Work permits

200. (1) Subject to subsections (2) and (3), an officer shall issue a work permit to a foreign national if, following an examination, it is established that


(a) the foreign national applied for it in accordance with Division 2;



(b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;



(c) the foreign national



(i) is described in section 206, 207 or 208,



(ii) intends to perform work described in section 204 or 205, or



(iii) has been offered employment and an officer has determined under section 203 that the offer is genuine and that the employment is likely to result in a neutral or positive effect on the labour market in Canada; and



(d) [Repealed, SOR/2004-167, s. 56]



(e) the requirements of section 30 are met.



  
Non-application of par. (1)(b)

(2) Paragraph (1)(b) does not apply to a foreign national who satisfies the criteria set out in section 206 or paragraph 207(c) or (d).

  
Exceptions

(3) An officer shall not issue a work permit to a foreign national if


(a) there are reasonable grounds to believe that the foreign national is unable to perform the work sought;



(b) in the case of a foreign national who intends to work in the Province of Quebec and does not hold a Certificat d'acceptation du Québec, a determination under section 203 is required and the laws of that Province require that the foreign national hold a Certificat d'acceptation du Québec;



(c) the specific work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute, unless all or almost all of the workers involved in the labour dispute are not Canadian citizens or permanent residents and the hiring of workers to replace the workers involved in the labour dispute is not prohibited by the Canadian law applicable in the province where the workers involved in the labour dispute are employed;



(d) the foreign national seeks to enter Canada as a live-in caregiver and the foreign national does not meet the requirements of section 112; or



(e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless



(i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,



(ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);



(iii) section 206 applies to them; or



(iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.



SOR/2004-167, s. 56.


Application for renewal

201. (1) A foreign national may apply for the renewal of their work permit if


(a) the application is made before their work permit expires; and



(b) they have complied with all conditions imposed on their entry into Canada.



  
Renewal

(2) An officer shall renew the foreign national's work permit if, following an examination, it is established that the foreign national continues to meet the requirements of subsection 200(1).


Temporary resident status

202. A foreign national who is issued a work permit under section 206 or paragraph 207(c) or (d) does not, by reason only of being issued a work permit, become a temporary resident.


Effect on the labour market

203. (1) On application under Division 2 for a work permit made by a foreign national other than a foreign national referred to in subparagraphs 200(1)(c)(i) and (ii), an officer shall determine, on the basis of an opinion provided by the Department of Human Resources Development, if the job offer is genuine and if the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada.

  
Opinion on request

(2) The Department of Human Resources Development shall provide the opinion referred to in subsection (1) on the request of an officer or an employer or group of employers. A request may be made in respect of


(a) an offer of employment to a foreign national; and



(b) offers of employment made, or anticipated to be made, by an employer or group of employers.



  
Factors

(3) An opinion provided by the Department of Human Resources Development shall be based on the following factors:


(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;



(b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;



(c) whether the employment of the foreign national is likely to fill a labour shortage;



(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;



(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and



(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.



  
Province of Quebec

(4) In the case of a foreign national who intends to work in the Province of Quebec, the opinion provided by the Department of Human Resources Development shall be made in concert with the competent authority of that Province.

SOR/2004-167, s. 57.


International agreements

204. A work permit may be issued under section 200 to a foreign national who intends to perform work pursuant to


(a) an international agreement between Canada and one or more countries, other than an agreement concerning seasonal agricultural workers;



(b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; or



(c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.



Canadian interests

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that


(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;



(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;



(c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,



(i) the work is related to a research, educational or training program, or



(ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or



(d) is of a religious or charitable nature.



No other means of support

206. A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national


(a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or



(b) is subject to an unenforceable removal order.



Applicants in Canada

207. A work permit may be issued under section 200 to a foreign national in Canada who


(a) is a member of the live-in caregiver class set out in Division 3 of Part 6 and meets the requirements of section 113;



(b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;



(c) is a protected person within the meaning of subsection 95(2) of the Act;



(d) has applied to become a permanent resident and the Minister has granted them an exemption under section 25 of the Act; or



(e) is a family member of a person described in any of paragraphs (a) to (d).



Humanitarian reasons

208. A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national


(a) holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or



(b) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months.

SOR/2004-167, s. 58.


Invalidity

209. A work permit becomes invalid when it expires or when a removal order that is made against the permit holder becomes enforceable.


PART 12

STUDENTS


Division 1

General Rules


Class

210. The student class is prescribed as a class of persons who may become temporary residents.


Student

211. A foreign national is a student and a member of the student class if the foreign national has been authorized to enter and remain in Canada as a student.


Study permit required

212. A foreign national may not study in Canada unless authorized to do so by a study permit or these Regulations.


Division 2

Application for Study Permit


Application before entry

213. Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.


Application on entry

214. A foreign national may apply for a study permit when entering Canada if they are


(a) a national or a permanent resident of the United States;



(b) a person who has been lawfully admitted to the United States for permanent residence;



(c) a resident of Greenland;



(d) a resident of St. Pierre and Miquelon; or



(e) a foreign national who applied for a study permit before entering Canada, if the application was approved in writing but the permit has not been issued.



Application after entry

215. (1) A foreign national may apply for a study permit after entering Canada if they


(a) hold a study permit;



(b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;



(c) hold a work permit;



(d) are subject to an unenforceable removal order;



(e) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;



(f) applied for a study permit before entering Canada and the application was approved in writing but the permit has not been issued; or



(g) are in a situation described in section 207.



  
Family members

(2) A family member of a foreign national may apply for a study permit after entering Canada if the foreign national resides in Canada and the foreign national


(a) holds a study permit;



(b) holds a work permit;



(c) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;



(d) is subject to an unenforceable removal order;



(e) is a member of the armed forces of a country that is a designated state described in paragraph 186(d);



(f) is an officer of a foreign government described in paragraph 186(e);



(g) is a participant in sports activities or events, as described in paragraph 186(h);



(h) is an employee of a foreign news company as described in paragraph 186(i); or



(i) is a person who is responsible for assisting a congregation or group, as described in paragraph 186(l).



Division 3

Issuance of Study Permits


Study permits

216. (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national


(a) applied for it in accordance with this Part;



(b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;



(c) meets the requirements of this Part; and



(d) meets the requirements of section 30;



(e) [Repealed, SOR/2004-167, s. 59]



  
Exception

(2) Paragraph (1)(b) does not apply to persons described in section 206 and paragraphs 207(c) and (d).

  
Study in Quebec

(3) An officer shall not issue a study permit to a foreign national who intends to study in the Province of Quebec — other than under a federal assistance program for developing countries — and does not hold a Certificat d'acceptation du Québec, if the laws of that Province require that the foreign national hold a Certificat d'acceptation du Québec.

SOR/2004-167, s. 59.


Application for renewal

217. (1) A foreign national may apply for the renewal of their study permit if


(a) the application is made before the expiry of their study permit;



(b) they have complied with all conditions imposed on their entry into Canada; and



(c) they are in good standing at the educational institution at which they have been studying.



  
Renewal

(2) An officer shall renew the foreign national's study permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 216.

SOR/2004-167, s. 60.


Temporary resident status

218. A foreign national referred to in paragraph 215(1)(d) and their family members do not, by reason only of being issued a study permit, become temporary residents.


Division 4

Restrictions on Studying in Canada


Acceptance letter

219. (1) Subject to subsection (2), a study permit shall not be issued to a foreign national unless they have written documentation from the educational institution at which they intend to study that states that they have been accepted to study there.

  
Exception

(2) Subsection (1) does not apply to


(a) a family member of a foreign national whose application for a work permit or a study permit is approved in writing before the foreign national enters Canada; or



(b) a foreign national who is applying to renew their study permit and has received notification in writing from the college or university at which they have been studying of successful completion of the requirements for a degree or diploma.



  
Foreign national described in par. (2)(b)

(3) An officer who issues a study permit to a foreign national described in paragraph (2)(b) shall not authorize a period of study that exceeds 90 days following the date of the notification in writing.

SOR/2004-167, s. 61.


Financial resources

220. An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to


(a) pay the tuition fees for the course or program of studies that they intend to pursue;



(b) maintain themself and any family members who are accompanying them during their proposed period of study; and



(c) pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada.



Failure to comply with conditions

221. Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless


(a) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;



(b) the work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c); or



(c) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

SOR/2004-167, s. 62.


Division 5

Validity and Expiry of Study Permits


Invalidity

222. A study permit becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable.

jackieyu

PART 13

REMOVAL


Division 1

Removal Orders


Types of removal order

223. There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.


Departure order

224. (1) An enforced departure order is prescribed as a circumstance that relieves a foreign national from having to obtain authorization under subsection 52(1) of the Act in order to return to Canada.

  
Requirement

(2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.

  
Exception — stay of removal and detention

(3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national's release or the removal order becomes enforceable.


Exclusion order

225. (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced.

  
Prescribed circumstance

(2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a two-year period if subsection (3) applies, is prescribed as a circumstance that does not oblige the foreign national to obtain an authorization in order to return to Canada.

  
Misrepresentation

(3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the two-year period after the exclusion order was enforced.

  
Application of par. 42(b) of the Act

(4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is prescribed as a circumstance that relieves the foreign national from having to obtain an authorization in order to return to Canada.


Deportation order

226. (1) For the purposes of subsection 52(1) of the Act, and subject to subsection (2), a deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced.

  
Application of par. 42(b) of the Act

(2) For the purposes of subsection 52(1) of the Act, the making of a deportation order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is prescribed as a circumstance that relieves the foreign national from having to obtain an authorization in order to return to Canada.

  
Removal order — certificate

(3) For the purposes of subsection 52(1) of the Act, a removal order referred to in paragraph 81(b) of the Act obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the removal order was enforced.


Report — family members

227. (1) For the purposes of section 42 of the Act, a report prepared under subsection 44(1) of the Act against a foreign national is also a report against the foreign national's family members in Canada.

  
Removal — family members

(2) A removal order made by the Immigration Division against a foreign national is also a removal order against their family members in Canada to whom subsection (1) applies if


(a) an officer informed the family member of the report, that they are the subject of an admissibility hearing and of their right to make submissions and be represented, at their own expense, at the admissibility hearing; and



(b) the family member is subject to a decision of the Immigration Division that they are inadmissible under section 42 of the Act on grounds of the inadmissibility of the foreign national.



Division 2

Specified Removal Order


Subsection 44(2) of the Act — foreign nationals

228. (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be


(a) if the foreign national is inadmissible under paragraph 36(1)(a) or (2)(a) of the Act on grounds of serious criminality or criminality, a deportation order;



(b) if the foreign national is inadmissible under paragraph 40(1)(c) of the Act on grounds of misrepresentation, a deportation order;



(c) if the foreign national is inadmissible under section 41 of the Act on grounds of



(i) failing to appear for further examination or an admissibility hearing under Part 1 of the Act, an exclusion order,



(ii) failing to obtain the authorization of an officer required by subsection 52(1) of the Act, a deportation order,



(iii) failing to establish that they hold the visa or other document as required under section 20 of the Act, an exclusion order,



(iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order, or



(v) failing to comply with subsection 29(2) of the Act to comply with any condition set out in section 184, an exclusion order; and



(d) if the foreign national is inadmissible under section 42 of the Act on grounds of an inadmissible family member, the same removal order as was made in respect of the inadmissible family member.



  
Subsection 44(2) of the Act — permanent residents

(2) For the purposes of subsection 44(2) of the Act, if a removal order is made against a permanent resident who fails to comply with the residency obligation under section 28 of the Act, the order shall be a departure order.

  
Eligible claim for refugee protection

(3) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in any of subparagraphs (1)(c)(i) and (iii) to (v).

  
Reports in respect of certain foreign nationals

(4) For the purposes of subsection (1), a report in respect of a foreign national does not include a report in respect of a foreign national who


(a) is under 18 years of age and not accompanied by a parent or an adult legally responsible for them; or



(b) is unable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them.



SOR/2004-167, s. 63.


Paragraph 45(d) of the Act — applicable removal order

229. (1) For the purposes of paragraph 45(d) of the Act, the applicable removal order to be made by the Immigration Division against a person is


(a) a deportation order, if they are inadmissible under subsection 34(1) of the Act on security grounds;



(b) a deportation order, if they are inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;



(c) a deportation order, in the case of a permanent resident inadmissible under subsection 36(1) of the Act on grounds of serious criminality or a foreign national inadmissible under paragraph 36(1)(b) or (c) of the Act on grounds of serious criminality;



(d) a deportation order, if they are inadmissible under paragraph 36(2)(b), (c) or (d) of the Act on grounds of criminality;



(e) a deportation order, if they are inadmissible under subsection 37(1) of the Act on grounds of organized criminality;



(f) an exclusion order, if they are inadmissible under subsection 38(1) of the Act on health grounds, unless subsection (2) or (3) applies;



(g) an exclusion order, if they are inadmissible under section 39 of the Act for financial reasons, unless subsection (2) or (3) applies;



(h) an exclusion order, if they are inadmissible under paragraph 40(1)(a) or (b) of the Act for misrepresentation, unless subsection (3) applies;



(i) a deportation order, if they are inadmissible under paragraph 40(1)(d) of the Act for misrepresentation;



(j) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to comply with the requirement to appear for examination, unless subsection (2) or (3) applies;



(k) a departure order, if they are inadmissible under paragraph 41(b) of the Act;



(l) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they have come to Canada in order to establish permanent residence, unless subsection (3) applies;



(m) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay, unless subsection (2) applies; and



(n) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for any other failure to comply with the Act, unless subsection (2) or (3) applies.



  
Eligible claim for refugee protection

(2) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in paragraph (1)(f), (g), (j), (m) or (n).

  
Exception

(3) The applicable removal order in the circumstances set out in paragraph (1)(f), (g), (h), (j), (l) or (n) is a deportation order if the person


(a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order;



(b) has failed to comply with any condition or obligation imposed under the Act or the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, unless the failure is the basis for the removal order; or



(c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.



  
Punishable by way of indictment

(3.1) For the purposes of paragraph (3)(c), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.

  
Section 228 circumstances

(4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in section 228, the Immigration Division shall make


(a) the removal order that the Minister would have made if the report had not been referred to the Immigration Division under subsection 44(2) of the Act; or



(b) in the case of a foreign national described in paragraph 228(4)(a) or (b), the removal order that the Minister would have made if the foreign national had not been described in that paragraph.



SOR/2004-167, s. 64.


Division 3

Stay of Removal Orders


Considerations

230. (1) The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of


(a) an armed conflict within the country or place;



(b) an environmental disaster resulting in a substantial temporary disruption of living conditions; or



(c) any situation that is temporary and generalized.



  
Cancellation

(2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population.

  
Exceptions

(3) The stay does not apply to a person who


(a) is inadmissible under subsection 34(1) of the Act on security grounds;



(b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;



(c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality or under subsection 36(2) of the Act on grounds of criminality;



(d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality;



(e) is a person referred to in section F of Article 1 of the Refugee Convention; or



(f) informs the Minister in writing that they consent to their removal to a country or place to which a stay of removal applies.



Stay of removal — judicial review

231. (1) Subject to subsections (2) to (4), a removal order is stayed if the subject of the order has filed an application for leave for judicial review in accordance with subsection 72(1) of the Act with respect to a determination of the Refugee Protection Division to reject a claim for refugee protection, and the stay is effective until the earliest of the following:


(a) the application for leave is refused,



(b) the application for leave is granted, the application for judicial review is refused and no question is certified for the Federal Court of Appeal,



(c) if a question is certified by the Federal Court — Trial Division,



(i) the appeal is not filed within the time limit, or



(ii) the Federal Court of Appeal decides to dismiss the appeal, and the time limit in which an application to the Supreme Court of Canada for leave to appeal from that decision expires without an application being made,



(d) if an application for leave to appeal is made to the Supreme Court of Canada from a decision of the Federal Court of Appeal referred to in paragraph (c), the application is refused, and



(e) if the application referred to in paragraph (d) is granted, the appeal is not filed within the time limit or the Supreme Court of Canada dismisses the appeal.



  
No credible basis exception

(2) Subsection (1) does not apply if the Refugee Protection Division states in its decision, in accordance with subsection 107(2) of the Act, that there is no credible basis for the claim.

  
Other exceptions

(3) There is no stay of removal if


(a) the person is subject to a removal order because they are inadmissible on grounds of serious criminality; or



(b) the subject of the removal order resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Act on their entry into Canada.



  
Non-application

(4) Subsection (1) does not apply if the person applies for an extension of time to file an application referred to in that subsection.


Stay of removal — pre-removal risk assessment

232. A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs:


(a) the Department receives confirmation in writing from the person that they do not intend to make an application;



(b) the person does not make an application within the period provided under section 162;



(c) the application for protection is rejected;



(d) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act and the person has not made an application within the period provided under subsection 175(1) to remain in Canada as a permanent resident, the expiry of that period;



(e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person's application to remain in Canada as a permanent resident is made; and



(f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act.



Stay of removal — humanitarian and compassionate considerations

233. A removal order made against a foreign national, and any family member of the foreign national, is stayed if the Minister is of the opinion under subsection 25(1) of the Act that there exist humanitarian and compassionate considerations, or public policy considerations, and the stay is effective until a decision is made to grant, or not grant, permanent resident status.


Application of par. 50(a) of the Act

234. For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if


(a) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province that criminal charges will be withdrawn or stayed on the removal of the person from Canada; or



(b) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province to withdraw or cancel any summons or subpoena on the removal of the person from Canada.



Division 4

Enforcement of Removal Orders


Not void

235. For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time.


Providing copies

236. A person against whom a removal order is made shall be provided with a copy of the order when it is made.


Modality of enforcement

237. A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister.


Voluntary compliance

238. (1) A foreign national who wants to voluntarily comply with a removal order must appear before an officer who shall determine if


(a) the foreign national has sufficient means to effect their departure to a country that they will be authorized to enter; and



(b) the foreign national intends to voluntarily comply with the requirements set out in paragraphs 240(1)(a) to (c) and will be able to act on that intention.



  
Choice of country

(2) Following the appearance referred to in subsection (1), the foreign national must submit their choice of destination to the officer who shall approve the choice unless the foreign national is


(a) a danger to the public;



(b) a fugitive from justice in Canada or another country; or



(c) seeking to evade or frustrate the cause of justice in Canada or another country.



Removal by Minister

239. If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national's choice of destination is not approved under subsection 238(2), the removal order shall be enforced by the Minister.


When removal order is enforced

240. (1) A removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, is enforced when the foreign national


(a) appears before an officer at a port of entry to verify their departure from Canada;



(b) obtains a certificate of departure from the Department;



(c) departs from Canada; and



(d) is authorized to enter, other than for purposes of transit, their country of destination.



  
When removal order is enforced by officer outside Canada

(2) If a foreign national against whom a removal order has not been enforced is applying outside Canada for a visa or an authorization to return to Canada, an officer shall enforce the order if, following an examination, the foreign national establishes that


(a) they are the person described in the order;



(b) they have been lawfully admitted to the country in which they are physically present at the time that the application is made; and



(c) they are not inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.



Country of removal

241. (1) If a removal order is enforced under section 239, the foreign national shall be removed to


(a) the country from which they came to Canada;



(b) the country in which they last permanently resided before coming to Canada;



(c) a country of which they are a national or citizen; or



(d) the country of their birth.



  
Removal to another country

(2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.

  
Exception

(3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter.


Mutual Legal Assistance in Criminal Matters Act

242. A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their country of destination.


Payment of removal costs

243. Unless expenses incurred by Her Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at Her Majesty's expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs of


(a) $750 for removal to the United States or St. Pierre and Miquelon; and



(b) $1,500 for removal to any other country.

jackieyu

PART 14

DETENTION AND RELEASE


Factors to be considered

244. For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person


(a) is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) of the Act;



(b) is a danger to the public; or



(c) is a foreign national whose identity has not been established.



Flight risk

245. For the purposes of paragraph 244(a), the factors are the following:


(a) being a fugitive from justice in a foreign jurisdiction in relation to an offence that, if committed in Canada, would constitute an offence under an Act of Parliament;



(b) voluntary compliance with any previous departure order;



(c) voluntary compliance with any previously required appearance at an immigration or criminal proceeding;



(d) previous compliance with any conditions imposed in respect of entry, release or a stay of removal;



(e) any previous avoidance of examination or escape from custody, or any previous attempt to do so;



(f) involvement with a people smuggling or trafficking in persons operation that would likely lead the person to not appear for a measure referred to in paragraph 244(a) or to be vulnerable to being influenced or coerced by an organization involved in such an operation to not appear for such a measure; and



(g) the existence of strong ties to a community in Canada.



Danger to the public

246. For the purposes of paragraph 244(b), the factors are the following:


(a) the fact that the person constitutes, in the opinion of the Minister, a danger to the public in Canada or a danger to the security of Canada under paragraph 101(2)(b), subparagraph 113(d)(i) or (ii) or paragraph 115(2)(a) or (b) of the Act;



(b) association with a criminal organization within the meaning of subsection 121(2) of the Act;



(c) engagement in people smuggling or trafficking in persons;



(d) conviction in Canada under an Act of Parliament for



(i) a sexual offence, or



(ii) an offence involving violence or weapons;



(e) conviction for an offence in Canada under any of the following provisions of the Controlled Drugs and Substances Act, namely,



(i) section 5 (trafficking),



(ii) section 6 (importing and exporting), and



(iii) section 7 (production);



(f) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament for



(i) a sexual offence, or



(ii) an offence involving violence or weapons; and



(g) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under any of the following provisions of the Controlled Drugs and Substances Act, namely,



(i) section 5 (trafficking),



(ii) section 6 (importing and exporting), and



(iii) section 7 (production).



Identity not established

247. (1) For the purposes of paragraph 244(c), the factors are the following:


(a) the foreign national's cooperation in providing evidence of their identity, or assisting the Department in obtaining evidence of their identity, in providing the date and place of their birth as well as the names of their mother and father or providing detailed information on the itinerary they followed in travelling to Canada or in completing an application for a travel document;



(b) in the case of a foreign national who makes a claim for refugee protection, the possibility of obtaining identity documents or information without divulging personal information to government officials of their country of nationality or, if there is no country of nationality, their country of former habitual residence;



(c) the destruction of identity or travel documents, or the use of fraudulent documents in order to mislead the Department, and the circumstances under which the foreign national acted;



(d) the provision of contradictory information with respect to identity at the time of an application to the Department; and



(e) the existence of documents that contradict information provided by the foreign national with respect to their identity.



  
Non-application to minors

(2) Consideration of the factors set out in paragraph (1)(a) shall not have an adverse impact with respect to minor children referred to in section 249.

SOR/2004-167, s. 65(E).


Other factors

248. If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release:


(a) the reason for detention;



(b) the length of time in detention;



(c) whether there are any elements that can assist in determining the length of time that detention is likely to continue and, if so, that length of time;



(d) any unexplained delays or unexplained lack of diligence caused by the Department or the person concerned; and



(e) the existence of alternatives to detention.



Special considerations for minor children

249. For the application of the principle affirmed in section 60 of the Act that a minor child shall be detained only as a measure of last resort, the special considerations that apply in relation to the detention of minor children who are less than 18 years of age are


(a) the availability of alternative arrangements with local child-care agencies or child protection services for the care and protection of the minor children;



(b) the anticipated length of detention;



(c) the risk of continued control by the human smugglers or traffickers who brought the children to Canada;



(d) the type of detention facility envisaged and the conditions of detention;



(e) the availability of accommodation that allows for the segregation of the minor children from adult detainees who are not the parent of or the adult legally responsible for the detained minor children; and



(f) the availability of services in the detention facility, including education, counselling and recreation.



Applications for travel documents

250. If a completed application for a passport or travel document must be provided as a condition of release from detention, any completed application provided by a foreign national who makes a claim for refugee protection shall not be divulged to government officials of their country of nationality or, if there is no country of nationality, their country of previous habitual residence, as long as the removal order to which the foreign national is subject is not enforceable.


PART 15

THE IMMIGRATION APPEAL DIVISION


Conditions

251. If the Immigration Appeal Division stays a removal order under paragraph 66(b) of the Act, that Division shall impose the following conditions on the person against whom the order was made:


(a) to inform the Department and the Immigration Appeal Division in writing in advance of any change in the person's address;



(b) to provide a copy of their passport or travel document to the Department or, if they do not hold a passport or travel document, to complete an application for a passport or a travel document and to provide the application to the Department;



(c) to apply for an extension of the validity period of any passport or travel document before it expires, and to provide a copy of the extended passport or document to the Department;



(d) to not commit any criminal offences;



(e) if they are charged with a criminal offence, to immediately report that fact in writing to the Department; and



(f) if they are convicted of a criminal offence, to immediately report that fact in writing to the Department and the Division.



PART 16

SEIZURE


Custody of seized thing

252. A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department.


Notice of seizure

253. (1) An officer who seizes a thing under subsection 140(1) of the Act shall make reasonable efforts to


(a) identify the lawful owner; and



(b) give the lawful owner written notice of, and reasons for, the seizure.



  
Disposition after seizure

(2) Subject to subsection (3), a thing seized shall be disposed of as follows:


(a) if it was fraudulently or improperly obtained, by returning it to its lawful owner unless section 256 applies;



(b) if it was fraudulently or improperly used, by disposing of it under section 257 unless section 254, 255 or 256 applies;



(c) if the seizure was necessary to prevent its fraudulent or improper use



(i) by returning it to its lawful owner, if the seizure is no longer necessary for preventing its fraudulent or improper use, or



(ii) by disposing of it under section 257, if returning it to its lawful owner would result in its fraudulent or improper use; or



(d) if the seizure was necessary to carry out the purposes of the Act, by returning it to its lawful owner without delay if the seizure is no longer necessary to carry out the purposes of the Act.



  
Additional factor

(3) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act. If its return would be contrary to the purposes of the Act, it shall be disposed of under section 257.


Application for return

254. (1) The lawful owner of a thing seized or the person from whom it was seized may apply for its return.

  
Return

(2) A thing seized, other than a document, shall be returned to the applicant if


(a) paragraph 253(2)(b) applies to the thing and the seizure is no longer necessary to prevent its fraudulent or improper use or to carry out the purposes of the Act; and



(b) the applicant provides cash security equal to the fair market value of the thing at the time of the seizure or, if there is no significant risk of being unable to recover the debt, a combination of cash and guarantee of performance.



  
Disposition of security

(3) Any cash deposit or guarantee of performance provided under paragraph 2(b) replaces the thing seized and, if section 257 applies, any cash deposit is forfeited to Her Majesty in right of Canada and any guarantee of performance becomes a debt due under section 145 of the Act.


Application by lawful owner

255. (1) For the purposes of paragraph 253(2)(b), a person who claims to be the lawful owner of a seized thing may apply in writing for its return within 60 days after the seizure.

  
Return of thing

(2) The thing seized shall be returned to an applicant if the applicant demonstrates that they


(a) were the lawful owner prior to its seizure and have remained a lawful owner;



(b) did not participate in the fraudulent or improper use of the thing; and



(c) exercised all reasonable care to satisfy themselves that the person permitted to obtain possession of the thing was not likely to fraudulently or improperly use it.



  
Return of vehicle

(3) A seized vehicle that is not returned under subsection (2) shall be returned on payment of a $5,000 fee if the applicant demonstrates that they


(a) were the lawful owner prior to its seizure and have remained a lawful owner;



(b) did not profit or intend to profit from the fraudulent or improper use of the vehicle; and



(c) are unlikely to contravene the Act in the future.



  
Additional factor

(4) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act.

  
Notice of decision

(5) The applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.


Application by person from whom thing was seized

256. (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, a person from whom it was seized may apply in writing within 30 days after the seizure for its return.

  
Return of thing

(2) The thing seized shall be returned to an applicant if the applicant demonstrates that it was not fraudulently or improperly obtained or used.

  
Notice of decision

(3) An applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.


Sale of a seized thing

257. (1) Subject to subsections (2) and (3), if a thing seized is not returned to its lawful owner or the person from whom it was seized under section 254, 255 or 256, the thing shall be sold unless the costs of sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

  
Sale suspended

(2) A thing seized shall not be sold


(a) during the 15 days following notification of a decision not to return it under section 255 or 256; or



(b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.



  
Disposition of documents

(3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be retained for as long as is necessary for the administration or enforcement of Canadian laws, after which it is subject to the applicable laws relating to the disposal of public archives.


Limitation period for seizures

258. No seizure may be made under subsection 140(1) of the Act in respect of the fraudulent or improper obtaining or use of a thing more than six years after that obtaining or use.


PART 17

TRANSPORTATION


Prescribed documents

259. For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:


(a) a travel document referred to in subsection 31(3) of the Act;



(b) refugee travel papers issued by the Minister of Foreign Affairs;



(c) a document referred to in subsection 50(1) or 52(1);



(d) a temporary travel document referred to in section 151;



(e) a visa referred to in section 6 or subsection 7(1); and



(f) a permanent resident card.



Holding prescribed documentation

260. (1) If a transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the transporter must give the person a receipt for the documents and hold those documents until examination.

  
Presenting documents

(2) A transporter who holds the documents of a person must, when presenting the person for examination under paragraph 148(1)(b) of the Act, present the documents and a copy of the receipt.


Obligation to hold a person

261. (1) For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when


(a) an officer informs the transporter that the examination of the person is completed;



(b) the person is authorized to enter Canada under section 23 of the Act; or



(c) the person is detained under any Canadian law.



  
Notification

(2) A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter's vehicle for any other purpose than examination.


Stowaway notification

262. On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway.


Medical examination and treatment

263. (1) A transporter's obligations under paragraph 148(1)(c) of the Act apply only in respect of foreign nationals carried in respect of whom a report is prepared under subsection 44(1) of the Act, or who are members of a crew or who are entering Canada to become members of a crew.

  
Prescribed medical costs

(2) Unless the transporter establishes that the foreign national holds a temporary or permanent resident visa and that their health condition is not a result of the transporter's negligence, any medical costs incurred with respect to the foreign national are prescribed costs and are calculated on the basis of the applicable provincial health insurance system.

  
Arranging medical examination

(3) A transporter must arrange for the medical examination of a foreign national on a request made under subsection 16(2) of the Act, and must arrange for medical treatment and observation if those conditions are imposed on the foreign national under section 32.


Prescribed information

264. A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:


(a) a copy of any ticket issued to the person;



(b) a document specifying the person's itinerary, including the place of embarkation and dates of travel; and



(c) a document identifying the document number and type of passport, travel document or identity document carried by the person, the country of issue and the name of the person to whom it was issued.



Crew list

265. (1) On arrival at the first port of call in Canada of a vessel registered in a foreign country, the transporter must provide an officer at the nearest port of entry with a list of all members of the crew.

  
Amended crew list

(2) The transporter must maintain on board a current list of all members of the crew while the vessel is in Canada.

  
Final crew list

(3) Before the vessel's departure from its final port of call in Canada, the transporter must provide an officer with a copy of the list referred to in subsection (1) that includes any changes made while the vessel was in Canada.


Assembly

266. On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.


Canadian registered vessels

267. On the arrival of a vessel registered in Canada at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of all members of the crew who are not Canadian citizens or permanent residents and, on request, provide the officer with a list of all crew members.


Reporting obligation

268. (1) A transporter must, without delay, notify an officer at the nearest port of entry of any foreign national who ceases to be a member of the crew for a reason listed in paragraph 3(1)(b). The transporter must record that information and provide it in writing on the request of the officer.

  
Failure to join the means of transportation

(2) A transporter must, without delay, notify an officer when a foreign national who entered Canada to become a member of the crew of the transporter's vessel fails to join the means of transportation within the period provided in paragraph 184(2)(b).

SOR/2004-167, s. 66.


Advance passenger information

269. (1) On the request of an officer, a commercial transporter must provide on departure of their commercial vehicle from the last point of embarkation before arriving in Canada the following information in writing on each person carried:


(a) their surname, first name and initial or initials of any middle names;



(b) their date of birth;



(c) the country that issued them a passport or travel document or, if they do not have a passport or travel document, their citizenship or nationality;



(d) their gender;



(e) their passport number or, if they do not have a passport, the number on the travel document that identifies them; and



(f) their reservation record locator or file number.



  
Passenger reservation information

(2) At any time after a commercial transporter undertakes to carry a passenger to Canada, the commercial transporter must provide an officer access to its reservation system or, on the request of an officer, provide in writing all reservation information held by the commercial transporter on passengers to be carried to Canada.


270. [Repealed, SOR/2004-167, s. 67]


Facilities for holding and examination

271. (1) A commercial transporter, and a transporter who operates an airport or an international bridge or tunnel, must without cost to Her Majesty in right of Canada provide and maintain facilities, including areas, offices and laboratories, that are adequate for the proper holding and examination of persons being carried to Canada.

  
Criteria

(2) The facilities referred to in subsection (1) are adequate if they satisfy the applicable requirements of Part II of the Canada Labour Code, are secure and, if necessary, sterile, and include equipment and furnishings that permit officers to discharge their duties under the Act.


Examination on vessels

272. A commercial transporter carrying persons to Canada aboard its vessel must provide facilities aboard the vessel that permit an officer to conduct examinations.


Obligation to carry from Canada

273. (1) A transporter who has carried a foreign national referred to in any of paragraphs (a) to (d) to Canada, or caused such a foreign national to enter Canada, must carry the foreign national from Canada


(a) to any other country, in the case of a foreign national directed to leave under subsection 40(1);



(b) to the United States, in the case of a foreign national directed back to that country under section 41;



(c) to any other country, in the case of a foreign national allowed to withdraw their application under section 42; or



(d) to the country to which the foreign national is removed under section 241, in the case of a foreign national who is subject to an enforceable removal order.



  
Conveyance to vehicle

(2) The transporter must transport a foreign national who is subject to an enforceable removal order from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.


Members of a crew

274. (1) If a transporter carries, or causes to be carried, a foreign national to Canada as a member of its crew or to become a member of its crew, and the foreign national is subject to an enforceable removal order, the transporter must carry that foreign national from Canada to the applicable country as determined under Division 4 of Part 13.

  
Conveyance to vehicle

(2) The transporter must transport the foreign national referred to in subsection (1) from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.


Notification

275. A transporter must notify an officer without delay if a foreign national referred to in section 273 or 274 whom they are carrying from Canada leaves or attempts to leave a vehicle before they are carried from Canada.


Notifying transporters

276. (1) When a foreign national seeking to enter Canada is made subject to a removal order and a transporter is or might be required under the Act to carry that foreign national from Canada, an officer shall


(a) notify the transporter that it is or might be required to carry that foreign national from Canada; and



(b) when the removal order is enforceable, notify the transporter that it must carry the foreign national from Canada and whether the foreign national must be escorted.



  
Notifying an officer

(2) After being notified under paragraph (1)(b), the transporter must without delay notify an officer of arrangements made for carrying the foreign national from Canada.

  
Time period

(3) The transporter must carry the foreign national from Canada within 48 hours after giving notification under subsection (2) of the arrangements made.

  
Non-compliance

(4) If a transporter does not comply with subsection (2) or (3), or notifies an officer that it is unable to comply with that subsection, or if an officer notifies the transporter in writing that the officer does not accept the proposed arrangements, an officer shall cause the foreign national to be carried from Canada and the transporter shall pay the costs under section 278.

  
Criteria for non-acceptance of arrangements

(5) To be acceptable, the arrangements referred to in subsection (2) must meet the following criteria:


(a) the foreign national is not inadmissible to the country of destination and, for the purposes of transit, all countries of transit;



(b) the safety of the foreign national and other persons aboard any vehicle used to reach the country of destination must be ensured; and



(c) the transporter must undertake to comply with any request for an escort or escorts.



Exception

277. Despite sections 273 and 276, a transporter is not obliged to carry from Canada, and is not required to pay the costs with respect to, a foreign national, other than a member of a crew or a foreign national who entered Canada to become a member of a crew, who


(a) was authorized to enter and remain in Canada on a temporary basis; or



(b) held a temporary resident or permanent resident visa at the time of their examination.



Removal costs

278. A transporter that is required under the Act to carry a foreign national from Canada must pay the following costs of removal and, if applicable, attempted removal:


(a) expenses incurred within or outside Canada with respect to the foreign national's accommodation and transport, including penalties for changes of date or routing;



(b) accommodation and travel expenses incurred by any escorts provided to accompany the foreign national;



(c) fees paid in obtaining passports, travel documents and visas for the foreign national and any escorts;



(d) the cost of meals, incidentals and other expenses as calculated in accordance with the rates set out in the Travel Directive published by the Treasury Board Secretariat, as amended from time to time;



(e) any wages paid to escorts and other personnel; and



(f) the costs or expenses incurred with respect to interpreters and medical and other personnel engaged for the removal.



Assessment of administration fee

279. (1) Subject to subsection (2), an administration fee shall be assessed against a commercial transporter in respect of any of the following foreign nationals it carried to Canada who are subject to a report under subsection 44(1) of the Act:


(a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 or subsection 7(1), 50(1) or 52(1);



(b) a foreign national whom the transporter has been directed not to carry to Canada under paragraph 148(1)(a) of the Act;



(c) a foreign national who is exempt, under subsection 52(2), from the requirement to hold a passport or travel document but who fails to produce sufficient evidence of their identity;



(d) a foreign national who failed to appear for an examination on entry into Canada; and



(e) a foreign national who entered Canada as a member of a crew or to become a member of a crew and is inadmissible.



  
Exceptions

(2) An administration fee shall not be assessed against a commercial transporter in respect of


(a) a foreign national who is authorized to enter and remain in Canada on a temporary basis under the Act, other than a foreign national who entered Canada as a member of a crew or to become a member of a crew;



(b) a foreign national who is allowed to withdraw their application to enter Canada under section 42 and leaves Canada immediately;



(c) a foreign national who is subject to a removal order issued on their arrival at a port of entry and leaves Canada immediately;



(d) a person referred to in section 39; and



(e) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 but is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa.



SOR/2004-167, s. 68.


Administration fee

280. (1) Subject to subsection (2), the administration fee assessed under section 279 is $3,200.

  
Memorandum of understanding

(2) If a memorandum of understanding in accordance with subsection (3) is in effect between the commercial transporter and the Minister, the administration fee assessed is


(a) $3,200, if the transporter does not demonstrate that it complies with the memorandum of understanding or if the administration fee is assessed in respect of a member of the crew of the transporter;



(b) $2,400, if the transporter demonstrates that it complies with the memorandum of understanding;



(c) $1,600, if the transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 50%;



(d) $800, if the transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 75%; and



(e) $0, if the transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 100%.



  
Content of memorandum of understanding

(3) A memorandum of understanding referred to in subsection (2) shall include provisions respecting


(a) document screening;



(b) the training of personnel in document screening;



(c) the use of technological aids;



(d) fraud prevention;



(e) gate checks;



(f) information exchange;



(g) performance standards in respect of document screening, the interdiction of inadmissible foreign nationals and administration fee assessments;



(h) compliance monitoring of the provisions of the memorandum of understanding;



(i) holding documents under section 260;



(j) providing information referred to in subsections 269(1) and (2);



(k) stowaways; and



(l) security screening of members of a crew.



Notice of assessment

281. (1) The assessment of an administration fee shall be served personally, by registered mail, by facsimile with acknowledgement of receipt or by electronic transmission on a representative of the commercial transporter.

  
Service effected

(2) Service of the assessment by registered mail is deemed to have been effected on the seventh day after the day on which the assessment was mailed.


Submissions concerning assessment

282. (1) The commercial transporter may submit written submissions to the Minister within 30 days after being served with an assessment of an administration fee.

  
Final assessment and notice

(2) If submissions are made, the Minister shall consider the submissions, confirm or cancel the assessment and give written notice of the decision to the commercial transporter.

  
Liability

(3) If no submissions are made within the 30-day period, the assessment is final and the commercial transporter is liable for the assessment at the end of that period.

  
Liability

(4) If the Minister confirms an assessment under subsection (2), the commercial transporter is liable for the assessment on the date the notice is sent.


Security

283. (1) The Minister may, on the basis of the following factors, require a commercial transporter to provide security for compliance with its obligations under paragraphs 148(1)(a) to (g) of the Act:


(a) the frequency and regularity of arrival, or anticipated arrival, of the transporter's vehicles carrying persons to Canada;



(b) the number of persons carried, or anticipated to be carried, to Canada aboard the transporter's vehicles;



(c) whether the transporter has carried an inadmissible foreign national to Canada; and



(d) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter.



  
Amount of security

(2) If the Minister requires security to be provided, the Minister shall determine the amount of security on the basis of the following factors:


(a) the commercial transporter's record of compliance with the Act; and



(b) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter and the estimated removal costs.



  
Form of security

(3) A commercial transporter who is required to provide security must provide it in the form of a cash deposit unless


(a) the transporter has entered into a memorandum of understanding referred to in subsection 280(2) that provides for another form of security; and



(b) the transporter demonstrates that there is no significant risk of a debt not being paid if they were to provide another form of security.



  
Return of security

(4) If the Minister determines on the basis of the factors set out in subsection (1) that security is no longer required, the Minister shall return the security to the commercial transporter.


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.


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.



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.



  
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.



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.

  
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.

SOR/2004-167, s. 69(E).

jackieyu

PART 18

LOANS


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.



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 subsection 16(2) of the Act or section 30 of these Regulations, 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 subsection 16(2) of the Act or section 30 of these Regulations, 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.



Maximum amount

290. (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $110,000,000.

  
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).


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, 30 days 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, 30 days after the day on which the loan was made.



  
Repayment terms

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


(a) 12 months after the day on which the loan becomes payable, if the amount of the loan is not more than $1,200;



(b) 24 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) 36 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) 48 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) 72 months after the day on which the loan becomes payable, if the amount of the loan is more than $4,800.



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.

  
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.



Rate of interest

293. (1) A loan made under this Part bears interest at a rate equal to the rate that is established by the Minister of Finance for loans made by that Minister to Crown corporations and that is in effect


(a) on the first day of January in the year in which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part; and



(b) on the first day of January in the year in which the person for whose benefit the loan is made enters Canada, in any other case.



  
Interest on loans under paras. 289(a) and c)

(2) The interest on a loan made under paragraph 289(a) or (c) accrues beginning


(a) 30 days after the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part; and



(b) 30 days after the day on which the person for whose benefit the loan is made enters Canada, in any other case.



  
Interest on loans under par. 289b)

(3) The interest on a loan made under paragraph 289(b) accrues


(a) if the amount of the loan is not more than $1,200, beginning on the first day of the thirteenth month after



(i) the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part, and



(ii) the day on which the person for whose benefit the loan is made enters Canada, in any other case;



(b) if the amount of the loan is more than $1,200 but not more than $2,400, beginning on the first day of the twenty-fifth month after



(i) the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part, and



(ii) the day on which the person for whose benefit the loan is made enters Canada, in any other case; and



(c) if the amount of the loan is more than $2,400, beginning on the first day of the thirty-seventh month after



(i) the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part, and



(ii) the day on which the person for whose benefit the loan is made enters Canada, in any other case.



  
Existing loan

(4) If a loan that was made to a person under section 289 has not been repaid and a subsequent loan is made under that section to that person, the subsequent loan bears interest at a rate equal to the rate of interest payable on the previous loan.

  (5) The interest on a loan made under section 289 shall be calculated daily and, if a monthly installment referred to in subsection 291(2) is paid late or in part or is not paid, shall be compounded monthly.

  (6) For greater certainty, the applicable rate of interest in respect of a loan made under section 289 remains the same until the loan is repaid in full.

SOR/2006-116, s. 1.


PART 19

FEES


Division 1

General


Interpretation

294. In this Part,


(a) a fee payable under this Part is payable per person, and not per application, and accordingly is payable in respect of each person by or on behalf of whom an application is made, up to the maximum fees prescribed by subsections 296(3), 297(2) and 299(3);



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



(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.



Division 2

Fees for Applications for Visas and Permits


Permanent Resident Visas


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) or (f) to (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 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and



(iv) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150;



(b) if the application is made by a person as a member of the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class



(i) in respect of a principal applicant, $1,050,



(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and



(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150; 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, $550,



(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and



(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.



  
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 one of the humanitarian-protected persons abroad classes and the family members included in the member's application.



  
Exception — transitional skilled worker class

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


(a) a person described in paragraph 85.1(2)(a) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2); and



(b) a person described in paragraph 85.1(2)(b) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2), if the fees for processing their withdrawn application have not been refunded.



  
Exception — transitional federal business classes

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


(a) a person described in paragraph 109.1(2)(a) who makes an application as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 109.1(2); and



(b) a person described in paragraph 109.1(2)(b) who makes an application as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 109.1(2), if the fees for processing their withdrawn application have not been refunded.



  
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 if, before the processing of the application for a permanent resident visa has begun, the sponsorship application is withdrawn by the sponsor.



  
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.


Temporary Resident Visas


Single entry — $75

296. (1) A fee of $75 is payable for processing an application for a temporary resident visa to enter Canada once.

  
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 for the purpose of attending a meeting



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



(ii) as a representative of the Organization of American States or the Caribbean Development Bank;



(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;



(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; and



(h) 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 XI FINA (Fédération internationale de natation) World Championships to be held in Montreal, Quebec, during the period beginning on July 17, 2005 and ending on July 31, 2005.



  
Maximum fee

(3) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $400.

SOR/2005-63, s. 1.


Multiple entry — $150

297. (1) A fee of $150 is payable for processing an application for a temporary resident visa to enter Canada more than once.

  
Exception

(1.1) The persons referred to in any of paragraphs 296(2)(a) to (e) or (g) are not required to pay the fee referred to in subsection (1).

  
Maximum fee

(2) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $400.

SOR/2004-167, s. 70.


Temporary Resident Permits


Fee — $200

298. (1) A fee of $200 is payable for processing an application for a temporary resident permit.

  
Exception

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


(a) a person referred to in subsection 295(2) or any of paragraphs 296(2)(c) or (d), 299(2)(a), (b) or (d) to (k) or 300(2)(d) to (i);



(b) a person in respect of whom an application for a permanent resident visa, an application to remain in Canada as a permanent resident or an application for authorization under subsection 25(1) of the Act is pending;



(c) a citizen of Costa Rica seeking to enter and remain in Canada during the period beginning on May 11, 2004 and ending on May 12, 2004, if the person does not hold a temporary resident visa but is not otherwise inadmissible.



(d) a person referred to in paragraph 296(2)(e) in respect of whom an order has been made under subsection 5(1) of the Foreign Missions and International Organizations Act; and



(e) a person who, while they are in transit to Canada, ceases to be exempt under paragraph 190(1)(a) from the requirement for a temporary resident visa, if, during the first 48 hours after they cease to be exempt from that requirement, they seek to enter and remain in Canada and are inadmissible to Canada for the sole reason that they do not have a temporary resident visa.



SOR/2003-197, s. 3; SOR/2004-111, s. 2; SOR/2004-167, s. 71.


Work Permits


Fee — $150

299. (1) A fee of $150 is payable for processing an application for a work permit.

  
Exception

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


(a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;



(b) a person in Canada on whom refugee protection has been conferred, and their family members;



(c) a person who is a member of the Convention refugees abroad class or a member of one of the humanitarian-protected persons abroad classes, and their family members;



(d) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);



(e) a person whose work in Canada is designated under subparagraph 205(c)(i);



(f) a person who works in Canada for a Canadian religious or charitable organization, without remuneration;



(g) a person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of



(i) 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,



(ii) 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, or



(iii) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;



(h) a person who works in Canada under an agreement entered into with a country by Canada or by or on behalf of a province, that provides for reciprocal employment opportunities of an artistic, cultural or educational nature;



(i) a person whose work in Canada is pursuant to an international student or young workers reciprocal employment program;



(j) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and



(k) a United States Government official in possession of an official United States Government passport who is assigned to a temporary posting in Canada, and their family members.



  
Maximum fee

(3) The total amount of fees payable under subsection (1) by a group of three or more persons, consisting of performing artists and their staff, who apply at the same time and place for a work permit is $450.


Study Permits


Fee — $125

300. (1) A fee of $125 is payable for processing an application for a study permit.

  
Exception

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


(a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;



(b) a person in Canada on whom refugee protection has been conferred, and their family members;



(c) a person who is a member of the Convention refugees abroad class or one of the humanitarian-protected persons abroad classes, and their family members;



(d) 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;



(e) 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;



(f) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);



(g) a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs;



(h) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and



(i) a United States Government official in possession of an official United States Government passport who is assigned to a temporary posting in Canada, and their family members.



Division 3

Fees for Applications to Remain in Canada as a Permanent Resident


Fee

301. (1) The following fees are payable for processing an application to remain in Canada as a permanent resident:


(a) if the application is made by a person as a member of the spouse or common-law partner in Canada class



(i) in respect of a principal applicant, $475,



(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and



(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150; and



(b) if the application is made by a person as a member of the live-in caregiver class or as a protected person under subsection 175(1)



(i) in respect of a principal applicant, $550,



(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and



(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.



  
Exception

(1.1) A person who is a member of the protected temporary residents class and the family members included in their application are not required to pay the fees referred to in subsection (1).

  
Payment by sponsor

(2) The fee payable under subsection (1) in respect of a person who makes an application as a member of the spouse or common-law partner in Canada 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 if, before the processing of the application to remain in Canada as a permanent resident has begun, the sponsorship application is withdrawn by the sponsor.



  
Age

(3) 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/2004-167, s. 72.


Fee — $325

302. A fee of $325 is payable for processing an application by a person as a member of the permit holder class to remain in Canada as a permanent resident.

SOR/2004-167, s. 73(E).


Division 4

Right of Permanent Residence


Fee — $490

303. (1) A fee of $490 is payable by a person for the acquisition of permanent resident status.

  
Exception

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


(a) a person who is a family member of a principal applicant and is a dependent child referred to in paragraph (b) or (c) of the definition “family member” in subsection 1(3);



(b) a principal applicant who is a foreign national referred to in paragraph 117(1)(b), (f) or (g);



(b.1) a principal applicant in Canada who has made an application in accordance with section 66 and is a dependent child of a permanent resident or of a Canadian citizen;



(b.2) a member of the permit holder class who is a dependent child of



(i) a member of the permit holder class who has made an application to remain in Canada as a permanent resident, or



(ii) a permanent resident or a Canadian citizen;



(c) a protected person within the meaning of subsection 95(2) of the Act who has applied to remain in Canada as a permanent resident, and their family members;



(c.1) a person who is a member of the protected temporary residents class and is described in paragraph 151.1(2)(b) and the family members included in their application;



(d) a person who is a member of the Convention refugees abroad class, and the family members included in their application; and



(e) a person who is a member of one of the humanitarian-protected persons abroad classes, and the family members included in their application.



  
Payment

(3) The fee referred to in subsection (1) is payable


(a) in the case of an application by or on behalf of a person for a permanent resident visa, before the visa is issued; and



(b) in the case of an application by or on behalf of a foreign national to remain in Canada as a permanent resident, before the foreign national becomes a permanent resident.



  
Remission

(4) The fee referred to in subsection (1) is remitted if the person does not acquire permanent resident status, in which case the fee shall be repaid by the Minister to the person who paid it.

  
Transitional — subsection (4)

(5) For the purpose of subsection (4), if the fee was paid before the day on which this subsection comes into force, the amount to be remitted and repaid — except to the extent otherwise remitted — is $975.

  
Transitional — remission

(6) Despite subsections (4) and (5), in the case where the fee of $975 was paid in accordance with paragraph (3)(a), a portion of that fee in the amount of $485 is remitted and shall be repaid — except to the extent otherwise remitted — by the Minister to the person who paid the fee if


(a) the person in respect of whom the fee was paid has, on or before the day on which this subsection comes into force, not yet acquired permanent resident status and they are a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h); or



(b) the person in respect of whom the fee was paid acquires permanent resident status on or after the day on which this subsection comes into force and they are not a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h).



SOR/2004-167, s. 74; SOR/2005-61, s. 8; SOR/2006-89, s. 1.


Division 5

Fees for Other Applications and Services


Sponsorship Application for Family Classes


Fee — $75

304. (1) A fee of $75 is payable for processing a sponsorship application under Part 7.

  
Payment

(2) The fee referred to in subsection (1) is payable at the time the application is filed.


Extension of Authorization to Remain in Canada as a Temporary Resident


Fee — $75

305. (1) A fee of $75 is payable for processing an application under subsection 181(1).

  
Exception

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


(a) a person who makes an application for a work permit or a study permit at the same time as they make the application referred to in subsection (1);



(b) a person who has made a claim for refugee protection that has not yet been determined by the Refugee Protection Division;



(c) a person on whom refugee protection has been conferred;



(d) a person who has been determined to be a member of the Convention refugees abroad class or one of the humanitarian-protected persons abroad classes;



(e) 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;



(f) 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;



(g) 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;



(h) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency; and



(i) a family member of any of the following persons, namely,



(i) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a),



(ii) a person whose work is designated under subparagraph 205(c)(i),



(iii) a person whose work in Canada is for a Canadian religious or charitable organization, without remuneration,



(iv) a person whose presence in Canada is as a participant in a program sponsored by the Canadian International Development Agency, or



(v) a person whose presence in Canada is as a recipient of a Government of Canada scholarship or fellowship.



Restoration of Temporary Resident Status


Fee — $200

306. (1) A fee of $200 is payable for processing an application under section 182.

  
Exception

(2) A person who holds an unexpired temporary resident permit is not required to pay the fee referred to in subsection (1).


Application under Section 25 of the Act


Fees

307. The following fees are payable for processing an application made in accordance with section 66 if no fees are payable in respect of the same applicant for processing an application to remain in Canada as a permanent resident or an application for a permanent resident visa:


(a) in the case of a principal applicant, $550;



(b) in the case of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550; and



(c) in the case of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.



Permanent Resident Cards


Fee — $50

308. (1) A fee of $50 is payable for processing an application made under paragraph 53(1)(b) for a permanent resident card.

  
Renewal or replacement fee

(2) A fee of $50 is payable for processing an application for the renewal of a permanent resident card or for the replacement of a lost, stolen or destroyed permanent resident card.

  
Replacement due to error

(3) No fee is payable for the replacement of a permanent resident card containing an error that is not attributable to the permanent resident.


Determination of Rehabilitation


Fees

309. The following fees are payable for processing an application for a determination of rehabilitation under paragraph 36(3)(c) of the Act:


(a) in the case of a foreign national inadmissible on grounds of serious criminality under paragraph 36(1)(b) or (c) of the Act, $1,000; and



(b) in the case of a foreign national inadmissible on grounds of criminality under paragraph 36(2)(b) or (c) of the Act, $200.



Authorization to Return to Canada


Fee — $400

310. A fee of $400 is payable for processing an application for authorization to return to Canada under subsection 52(1) of the Act.


Certification and Replacement of Immigration Document


Certification — $30

311. (1) A fee of $30 is payable for processing an application for the certification of an immigration document, other than a permanent resident card, confirming the date on which a person became a permanent resident.

  
Replacement — $30

(2) A fee of $30 is payable for processing an application to replace any immigration document, other than a permanent resident card, that is issued by the Department.

  
Exception

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


(a) a federal, provincial or municipal government agency;



(b) a person in receipt of provincial social assistance payments; and



(c) a person in receipt of assistance under the Resettlement Assistance Program.



After-hours Examination


Fee — $100

312. (1) The following fees are payable for an examination for the purpose of entering Canada that is made outside the applicable service hours of the port of entry where the officer who conducts the examination is based:


(a) a fee of $100 for the first four hours of examination; and



(b) a fee of $30 for each additional hour or part of an hour of examination.



  
Payment

(2) The fees are payable at the time of the examination


(a) if the transporter's vehicle carrying the person to be examined arrives unscheduled at a port of entry outside service hours, by the transporter; and



(b) in any other case, by the person who requests that the examination take place outside service hours.



Alternative Means of Examination


Fee — $30

313. (1) A fee of $30 is payable for processing an application to enroll in a program for an alternative means of examination that is administered solely by the Minister.

  
Payment

(2) The fee is payable in respect of each person to be examined by an alternative means referred to in subsection (1).


Immigration Statistical Data


Fee for statistical data

314. (1) The following fees are payable for processing an application for immigration statistical data that have not been published by the Department:


(a) $100 for the first 10 minutes or less of access to the Department's database in order to respond to such an application; and



(b) $30 for each additional minute or less of such access.



  
Exception

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


(a) an employee of the Department; and



(b) an employee of the Data Development Division of the Department of Human Resources Development.



Travel document

315. A fee of $50 is payable for processing an application for a travel document issued under subsection 31(3) of the Act.

jackieyu

PART 20

TRANSITIONAL PROVISIONS


Division 1

Interpretation


Definitions

316. (1) The definitions in this subsection apply in this Part.


"former Regulations"

ancien règlement

"former Regulations" means the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172. ( ancien règlement )  

"Humanitarian Designated Classes Regulations"

Règlement sur les catégories d'immigrants précisées pour des motifs d'ordre humanitaire

"Humanitarian Designated Classes Regulations" means the Humanitarian Designated Classes Regulations , as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183. ( Règlement sur les catégories d'immigrants précisées pour des motifs d'ordre humanitaire )  

"Immigration Act Fees Regulations"

Règlement sur les prix à payer — Loi sur l'immigration   

"Immigration Act Fees Regulations" means the Immigration Act Fees Regulations, as enacted by Order in Council P.C. 1996-2003 dated December 19, 1996 and registered as SOR/97-22. ( Règlement sur les prix à payer — Loi sur l'immigration )  

"Refugee Claimants Designated Class Regulations"

Règlement sur la catégorie admissible de demandeurs du statut de réfugié  

"Refugee Claimants Designated Class Regulations" means the Refugee Claimants Designated Class Regulations, as enacted by Order in Council P.C. 1989-2517 dated December 21, 1989 and registered as SOR/90-40. ( Règlement sur la catégorie admissible de demandeurs du statut de réfugié )  

  
Interpretation — former Act

(2) For greater certainty, in this Part “former Act” has the same meaning as in section 187 of the Immigration and Refugee Protection Act.

  
Interpretation — Immigration and Refugee Protection Act

(3) A reference in this Part to the Immigration and Refugee Protection Act includes the regulations and rules made under it.


Division 2

General Provisions


Decisions and orders made under former Act

317. (1) A decision or order made under the former Act that is in effect immediately before the coming into force of this section continues in effect after that coming into force.

  
Documents issued under former Act

(2) A document, including a visa, that is issued under the former Act and is valid immediately before the coming into force of this section continues to be valid after that coming into force.


Division 3

Enforcement


Terms and conditions

318. Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.


Removal order

319. (1) Subject to subsection (2), a removal order made under the former Act that was unexecuted on the coming into force of this section continues in force and is subject to the provisions of the Immigration and Refugee Protection Act.

  
Stay of removal

(2) The execution of a removal order that had been stayed on the coming into force of this section under paragraphs 49(1)(c) to (f) of the former Act continues to be stayed until the earliest of the events described in paragraphs 231(1)(a) to (e).

  
Exception

(3) Subsection (2) does not apply if


(a) the subject of the removal order was determined by the Convention Refugee Determination Division not to have a credible basis for their claim; or



(b) the subject of the removal order



(i) is subject to a removal order because they are inadmissible on grounds of serious criminality, or



(ii) resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act on their entry into Canada.



  
Conditional removal order

(4) A conditional removal order made under the former Act continues in force and is subject to subsection 49(2) of the Immigration and Refugee Protection Act.

  
Executed removal order

(5) Section 52 of the Immigration and Refugee Protection Act applies to a person who immediately before the coming into force of this section was outside Canada after a removal order was executed against them.


Inadmissibility — security grounds

320. (1) A person is inadmissible under the Immigration and Refugee Protection Act on security grounds if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act.

  
Violating human or international rights

(2) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of violating human or international rights if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(j) or (l) of the former Act.

  
Paragraph 19(1)(l) of the former Act

(2.1) For greater certainty, an opinion of the Minister under paragraph 19(1)(l) of the former Act continues as an opinion of the Minister under paragraph 35(1)(b) of the Immigration and Refugee Protection Act.

  
Serious criminality

(3) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c) or (c.1) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(a.1) of the former Act.

  
Criminality

(4) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(2)(a), (a.1) or (b) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act.

  
Paragraph 27(1)(d) of former Act

(5) A person who on the coming into force of this section had been determined to be inadmissible on the basis of paragraph 27(1)(d) of the former Act is


(a) inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed; or



(b) inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years.



  
Organized crime

(6) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of organized criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act.

  
Health grounds

(7) A person — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissible under the Immigration and Refugee Protection Act on health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act.

  
Financial reasons

(8) A person is inadmissible under the Immigration and Refugee Protection Act for financial reasons if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(b) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(f) or (2)(l) of the former Act.

  
Misrepresentation

(9) A person is inadmissible under the Immigration and Refugee Protection Act for misrepresentation if, on the coming into force of this section, the person had been determined to be inadmissible on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act.

  
Failing to comply

(10) A person is inadmissible under the Immigration and Refugee Protection Act for failing to comply with that Act if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act.

SOR/2004-167, s. 75.


Reports

321. (1) A report made under section 20 or 27 of the former Act is a report under subsection 44(1) of the Immigration and Refugee Protection Act.

  
Equivalency

(2) For the purpose of subsection (1)


(a) inadmissibility as a member of a class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act is inadmissibility on security grounds under the Immigration and Refugee Protection Act;



(b) inadmissibility as a member of a class described in paragraph 19(1)(j) or (l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of violating human or international rights;



(c) inadmissibility as a member of a class described in paragraph 19(1)(c) or (c.1) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.1) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of serious criminality;



(d) inadmissibility as a member of a class described in paragraph 19(2)(a), (a.1) or (b) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of criminality;



(e) inadmissibility on the basis of paragraph 27(1)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of



(i) serious criminality, if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed, or



(ii) criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years;



(f) inadmissibility as a member of a class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of organized criminality;



(g) inadmissibility as a member of the inadmissible class described in paragraph 19(1)(a) of the former Act — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissibility under the Immigration and Refugee Protection Acton health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act;



(h) inadmissibility as a member of a class described in paragraph 19(1)(b) of the former Act or inadmissibility on the basis of paragraph 27(1)(f) or (2)(l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for financial reasons;



(i) inadmissibility on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for misrepresentation; and



(j) inadmissibility as a member of a class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act or inadmissibility on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for failing to comply with the Act.



  
Reports forwarded to a senior immigration officer

(3) A report that was forwarded to a senior immigration officer under the former Act and in respect of which a decision has not been made on the coming into force of this section is a report transmitted to the Minister.

  
Inquiry

(4) The causing by a senior immigration officer of an inquiry to be held under the former Act is the referring by the Minister of a report to the Immigration Division under subsection 44(2) of the Immigration and Refugee Protection Act unless that subsection allows the Minister to make a removal order.

  
No substantive evidence

(5) If no substantive evidence was adduced before the Adjudication Division, the causing by a senior immigration officer of an inquiry to be held under the former Act is, if subsection 44(2) of the Immigration and Refugee Protection Act allows the Minister to make a removal order, a report on the basis of which the Minister may make a removal order.


Detention

322. (1) The first review of reasons, after the coming into force of this section, for the continued detention of a person detained under the former Act shall be made in accordance with the provisions of the former Act.

  
Period of detention

(2) If the review referred to in subsection (1) was the first review in respect of a person's detention, the period of detention at the end of which that review was made shall be considered the period referred to in subsection 57(1) of the Immigration and Refugee Protection Act.

  
Subsequent review

(3) If a review of reasons for continued detention follows the review referred to in subsection (1), that review shall be made under the Immigration and Refugee Protection Act.


Order issued by Deputy Minister

323. An order issued by a Deputy Minister under subsection 105(1) of the former Act continues in force and the review of reasons for continued detention shall be made under the Immigration and Refugee Protection Act.


Release

324. A release from detention under the former Act is the ordering of release from detention under the Immigration and Refugee Protection Act and any terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.


Warrants

325. (1) A warrant for arrest and detention made under the former Act is a warrant for arrest and detention made under the Immigration and Refugee Protection Act.

  
Detention orders

(2) An order for the detention of a person made under the former Act is an order to detain made under the Immigration and Refugee Protection Act.


Danger to the public

326. (1) A claim to be a Convention refugee made by a person described in subparagraph 19(1)(c.1)(i) of the former Act in respect of whom the Minister was of the opinion under subparagraph 46.01(1)(e)(i) of the former Act that the person constitutes a danger to the public in Canada is deemed, if no determination was made by a senior immigration officer under section 45 of the former Act, to be a claim for refugee protection made by a person described in paragraph 101(2)(b) of the Immigration and Refugee Protection Act who is inadmissible and in respect of whom the Minister is of the opinion that the person is a danger to the public.

  
Appeals

(2) A person in respect of whom subsection 70(5) or paragraph 77(3.01)(b) of the former Act applied on the coming into force of this section is a person in respect of whom subsection 64(1) of the Immigration and Refugee Protection Act applies.

  
Removal not prohibited

(3) A person whose removal on the coming into force of this section was allowed by the application of paragraphs 53(1)(a) to (d) of the former Act is a person referred to in subsection 115(2) of the Immigration and Refugee Protection Act.


Certificates

327. A certificate determined to be reasonable under paragraph 40.1(4)(d) of the former Act is deemed to be a certificate determined to be reasonable under subsection 80(1) of the Immigration and Refugee Protection Act.


Permanent residents

328. (1) A person who was a permanent resident immediately before the coming into force of this section is a permanent resident under the Immigration and Refugee Protection Act.

  
Returning resident permit

(2) Any period spent outside Canada within the five years preceding the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

  
Returning resident permit

(3) Any period spent outside Canada within the two years immediately following the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.


Visitors and permit holders

329. (1) Any of the following persons who were in Canada immediately before the coming into force of this section are temporary residents under the Immigration and Refugee Protection Act and are subject to its provisions:


(a) a visitor under the former Act; and



(b) a person issued a permit under section 37 of the former Act.



  
Permits

(2) A permit issued by the Minister under section 37 of the former Act is deemed to be a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act.


Examination

330. Any of the following persons who were in Canada immediately before the coming into force of this section are deemed to have been authorized under section 23 of the Immigration and Refugee Protection Act to enter Canada:


(a) a person in respect of whom an examination remains incomplete and whose examination was adjourned and referred to another immigration officer for completion under subsection 12(3) of the former Act;



(b) a person in respect of whom an examination remains incomplete and whose examination was deferred under paragraph 13(1)(a) of the former Act;



(c) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 14(2)(b) of the former Act;



(d) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 23(1)(b) of the former Act; and



(e) a person who has made a claim to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section.



Performance bonds and security deposits

331. A performance bond posted or security deposited under the former Act that remains posted or deposited immediately before the coming into force of this section continues as a deposit or a guarantee under the Immigration and Refugee Protection Act and is governed by its provisions.


Seizures

332. A thing seized under the former Act continues to be seized on the coming into force of this section, and the seizure is governed by the provisions of the Immigration and Refugee Protection Act.


Debts

333. Any debt under subsection 118(3) of the former Act continues as a debt on the coming into force of this section and is governed by the provisions of the Immigration and Refugee Protection Act.


Division 4

Refugee and Humanitarian Resettlement Program


Applications for protection abroad

334. With the exception of subsection 150(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act if the application is pending at the time of the coming into force of this section and no visa has been issued to the applicant.


Family member

335. An applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act that has not been refused may add to their application at any time prior to their departure for Canada a person included in the definition “family member” in subsection 1(3).


Sponsorship agreements

336. A sponsorship agreement with the Minister made under the former Act and former Regulations does not cease to have effect for the sole reason of section 152 coming into force.


Sponsors

337. (1) Subject to subsections (2) and (3), a sponsor who made an undertaking within the meaning of paragraph (b) of the definition “undertaking” in subsection 2(1) of the former Regulations, or of the definition “undertaking” in subsection 1(1) of the Humanitarian Designated Classes Regulations, and in respect of whom an immigration officer was satisfied that the requirements of paragraph 7.1(2)(d) or 5(2)(d) of those Regulations, respectively, were met is deemed to be a sponsor whose application has been approved by an officer under section 154.

  
Additional persons sponsored

(2) Subsection (1) does not apply to a sponsor who requests that a person be added to their undertaking.

  
Ineligibility to sponsor

(3) Subsection (1) does not apply to a sponsor who is ineligible to be a party to a sponsorship under section 156.


Division 5

Refugee Protection


Refugee protection

338. Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who


(a) has been determined in Canada before the coming into force of this section to be a Convention refugee and



(i) no determination was made to vacate that determination, or



(ii) no determination was made that the person ceased to be a Convention refugee;



(b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under



(i) section 7 of the former Regulations, or



(ii) section 4 of the Humanitarian Designated Classes Regulations; or



(c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.



Rejection of a claim for refugee protection

339. A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.


Ineligibility

340. A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division.


Withdrawal and abandonment

341. A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act.


Eligibility

342. A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force.


Redetermination of eligibility

343. Subject to section 191 of the Immigration and Refugee Protection Act, a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that


(a) is referred under the Immigration and Refugee Protection Act to the Refugee Protection Division unless an officer gives notice under subsection 104(1) of that Act; and



(b) is subject to the provisions of that Act.



Cessation of refugee protection

344. A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased.


Vacation

345. A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a determination by the Board to vacate a decision to allow a claim for refugee protection.


Post-determination refugee claimants in Canada class

346. (1) An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made before the coming into force of this section is an application for protection under sections 112 to 114 of the Immigration and Refugee Protection Act and those sections apply to the application.

  
Notification re additional submissions

(2) Before a decision is made on the application, the applicant shall be notified that they may make additional submissions in support of their application.

  
Decision

(3) A decision on the application shall not be made until 30 days after notification is given to the applicant.

  
Giving notification

(4) Notification is given


(a) when it is given by hand to the applicant; or



(b) if it is sent by mail, seven days after the day on which it was sent to the applicant at the last address provided by them to the Department.



  
Stay of removal

(5) For greater certainty, the execution of a removal order made under the former Act against an applicant referred to in subsection (1) is stayed, and the stay is effective until the earliest of the applicable events described in section 232 occurs.

SOR/2004-167, s. 76.


Application for landing — Convention refugees

347. (1) If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

  
Application for landing — undocumented Convention refugee in Canada class

(2) If landing was not granted before the coming into force of this section, an application for landing as a member of the undocumented Convention refugee in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act and is not subject to the requirement in subsection 175(1) that the application be received within 180 days after a determination is made by the Board.

  
Application for landing — post-determination refugee claimants in Canada class

(3) If landing was not granted before the coming into force of this section, an application for landing submitted by a person pursuant to a determination that the person is a member of the post-determination refugee claimants in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.


Division 6

Court Proceedings


Judicial review

348. (1) On the coming into force of this section, any application for leave to commence an application for judicial review and any application for judicial review or appeal from an application that was brought under the former Act that is pending before the Federal Court or the Supreme Court of Canada is deemed to have been commenced under Division 8 of Part 1 of the Immigration and Refugee Protection Act and is governed by the provisions of that Division and section 87.

  
Application for non-disclosure

(2) On the coming into force of this section, any application under subsection 82.1(10) of the former Act that is pending before the Federal Court is deemed to be an application under section 87 of the Immigration and Refugee Protection Act.

  
Where no leave required

(3) Despite subsection (1), an application for judicial review that was not subject to the requirement of an application for leave under the former Act and was pending on the coming into force of this section does not require such an application under the Immigration and Refugee Protection Act.

  
Judicial review after coming into force

(4) Any judicial review proceeding brought in respect of any decision or order made or any matter arising under the former Act after the coming into force of this section is governed by Division 8 of Part 1 and section 87 of the Immigration and Refugee Protection Act.

  
Time for filing

(5) A person in respect of whom the 30-day period provided by section 18.1 of the Federal Court Act for making an application for judicial review from a decision or matter referred to in subsection 82.1(2) of the former Act has not elapsed on the coming into force of this section and who has not made such an application has 60 days from the coming into force of this section to file an application for leave under section 72 of the Immigration and Refugee Protection Act.

  
Validity or lawfulness of a decision or act

(6) The validity or lawfulness of a decision or act made under the former Act that is the subject of a judicial review procedure or appeal referred to in subsection (1) is determined in accordance with the provisions of the former Act.


Other court proceedings

349. On the coming into force of this section, an appeal made under section 102.17 of the former Act or an application for an order made under section 102.2 of the former Act that is pending remains governed by the provisions of the former Act.


Decisions referred back

350. (1) Subject to subsections (2) and (3), if a decision or an act of the Minister or an immigration officer under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before this section comes into force, the determination shall be made in accordance with the Immigration and Refugee Protection Act.

  
Decisions or acts not provided for by Immigration and Refugee Protection Act

(2) If the decision or act referred to in subsection (1) was made under paragraph 46.01(1)(e), subsection 70(5) or paragraph 77(3.01)(b) of the former Act and the Immigration and Refugee Protection Act makes no provision for the decision or act, no determination shall be made.

  
Skilled workers and self-employed persons

(3) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(4) and (5.2) of these Regulations.

  
Investors, entrepreneurs and provincial nominees

(4) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(ii) or (iii) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(5), (5.1) and (6) of these Regulations.

  
Immigration Appeal Division decisions

(5) If a decision of the Immigration Appeal Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Appeal Division shall dispose of the matter in accordance with the former Act.

  
Adjudication Division decisions

(6) If a decision of the Adjudication Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Division shall dispose of the matter in accordance with the Immigration and Refugee Protection Act.

SOR/2003-383, s. 7.


Division 7

Undertakings


Application of the Act to existing undertakings

351. (1) Subject to subsection (2), an undertaking referred to in section 118 of the former Act that was given before the day on which this section comes into force is governed by the Immigration and Refugee Protection Act.

  
Recovery of social assistance payments

(2) Payments that are made to or for the benefit of a person as social assistance or as financial assistance in the form of funds from a government resettlement assistance program referred to in subparagraph 139(1)(f)(ii) as a result of the breach of an undertaking, within the meaning of subparagraph (a)(ii) or paragraph (b) of the definition “undertaking” in subsection 2(1) of the former Regulations or of the definition “undertaking” in subsection 1(1) of the Humanitarian Designated Classes Regulations, that was given before the day on which this section comes into force, may be recovered from the person or organization that gave the undertaking as a debt due to Her Majesty in right of Canada or in right of a province.

  
Duration

(3) For greater certainty, the duration of an undertaking referred to in section 118 of the former Act that was given to the Minister before the day on which this section comes into force is not affected by these Regulations.

  
Duration and terms

(4) For greater certainty, if an immigrant visa was issued to a person described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations before the day on which this section comes into force, the duration and terms of an undertaking, referred to in section 118 of the former Act, relating to that person are not affected by these Regulations.


Division 8

Non-Accompanying Family Members


Not required to be included

352. A person is not required to include in an application a non-accompanying common-law partner or a non-accompanying child who is not a dependent son or a dependent daughter within the meaning of subsection 2(1) of the former Regulations and is a dependent child as defined in section 2 of these Regulations if the application was made under the former Act before the day on which this section comes into force.


Requirements not applicable

353. If a person has made an application under the former Act before the day on which this section comes into force, the following provisions do not apply to the person in respect of any of their non-accompanying dependent children, referred to in section 352, or their non-accompanying common-law partner:


(a) paragraph 70(1)(e);



(b) subparagraph 72(1)(e)(i); and



(c) paragraph 108(1)(a).



Requirements not applicable

354. If a person makes an application before the day on which this section comes into force, their non-accompanying dependent children, referred to in section 352, and their non-accompanying common-law partner shall not, for the purposes of that application, be considered inadmissible non-accompanying family members, referred to in paragraph 42(a) of the Immigration and Refugee Protection Act, and are not subject to the requirements of paragraph 30(1)(a) or 51(b).


Family members not excluded from family class

355. If a person who made an application under the former Act before June 28, 2002 sponsors a non-accompanying dependent child, referred to in section 352, who makes an application as a member of the family class or the spouse or common-law partner in Canada class, or sponsors a non-accompanying common-law partner who makes such an application, paragraph 117(9)(d) does not apply in respect of that dependent child or common-law partner.

SOR/2004-167, s. 77.


Division 9

Fiancés


Pending applications

356. If a person referred to in paragraph (f) of the definition "member of the family class" in subsection 2(1) of the former Regulations made an application under those Regulations for a permanent resident visa, or their sponsor submitted a sponsorship application under those Regulations, before June 28, 2002, the person's application or the sponsorship application, as the case may be, is governed by the former Act.

SOR/2004-167, s. 78.


Division 10

Fees


Remission — right of landing fee

357. The fee set out in column III of item 19 of the schedule to the Immigration Act Fees Regulations is remitted and shall be repaid by the Minister to the person who paid it if the fee is paid in respect of a person before they become a permanent resident under the Immigration and Refugee Protection Act and the person, at the time they made an application for landing under the former Regulations, was


(a) a member of the family class and 19 years of age or older and, on the day on which this section comes into force, is a foreign national referred to in paragraph 117(1)(b) or (e) of these Regulations; or



(b) an accompanying dependant of an immigrant, within the meaning of subsection 2(1) of the former Regulations, 19 years of age or older and not a spouse of the principal applicant.



Fees to be reapplied

358. (1) A fee paid for processing an application in respect of which no decision has been made before the day on which this section comes into force or an application that has been refused but the refusal has not been communicated to the applicant before that day shall be applied to the cost of completing the processing of the application under the Immigration and Refugee Protection Act.

  
Exception

(2) Subsection (1) does not apply in respect of an application for a returning resident permit.


Remission — returning resident permit fee

359. The fee for a returning resident permit set out in column III of item 3 of the schedule to the Immigration Act Fees Regulations is remitted if, before the day on which this section comes into force, no decision has been made on the application for the permit or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.


Remission — fee for review of family business employment offer

360. The fee set out in column III of item 16 of the schedule to the Immigration Act Fees Regulations for the review of an offer of employment made to an applicant in respect of a family business is remitted if, before the day on which this section comes into force, no determination has been made on the family business application or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.


Division 11

Economic Classes


Equivalent assessment

361. (1) If, before the day on which this section comes into force, a foreign national referred to in subsection (2) has been assessed by a visa officer and awarded the number of units of assessment required by the former Regulations, that assessment is, for the purpose of these Regulations, an award of points equal or superior to the minimum number of points required of


(a) a skilled worker, in the case of a foreign national described in paragraph (2)(a);



(b) an investor, in the case of a foreign national described in paragraph (2)(b);



(c) an entrepreneur, in the case of a foreign national described in paragraph (2)(c); or



(d) a self-employed person, in the case of a foreign national described in paragraph (2)(d).



  
Applicant for immigrant visa

(2) Subsection (1) applies in respect of a foreign national who submitted an application under the former Regulations, as one of the following, for an immigrant visa that is pending immediately before the day on which this section comes into force:


(a) a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations;



(b) an investor; or



(c) an entrepreneur.



  
Application before January 1, 2002

(3) During the period beginning on the day on which this section comes into force and ending on March 31, 2003, units of assessment shall be awarded to a foreign national, in accordance with the former Regulations, if the foreign national is an immigrant who,


(a) is referred to in subsection 8(1) of those Regulations, other than a provincial nominee, and



(b) before January 1, 2002, made an application for an immigrant visa under those Regulations that is still pending on the day on which this section comes into force and has not, before that day, been awarded units of assessment under those Regulations.



  
Pending applications — skilled workers

(4) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the federal skilled worker class,


(a) be awarded at least the minimum number of units of assessment required by those Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or



(b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.



  
Pending applications — investors

(5) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an investor and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the investor class,


(a) be determined to be an investor within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an investor; or



(b) be an investor within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.



  
Pending applications — entrepreneurs

(5.1) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an entrepreneur and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the entrepreneur class,


(a) be determined to be an entrepreneur within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an entrepreneur; or



(b) be an entrepreneur within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.



  
Pending applications — self-employed persons

(5.2) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a self-employed person and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the self-employed persons class,


(a) be determined to be a self-employed person within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for a self-employed person; or



(b) be a self-employed person within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.



  
Provincial nominees

(6) If, before the day on which this section comes into force, a foreign national who was a provincial nominee submitted an application for a permanent resident visa under the former Regulations that is pending immediately before that day, the foreign national shall be assessed, and units of assessment shall be awarded to them, in accordance with those Regulations.

SOR/2003-383, s. 8.


Investors

362. If, before April 1, 1999, a foreign national made an application for an immigrant visa as an investor and signed any document referred to in clause 1(v)(iii)(A) of Schedule X to the former Regulations, as that Schedule read immediately before that date, or, in the case of an investor in a province, either applied for a selection certificate under section 3.1 of An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time, or applied for an immigrant visa as an investor, and signed an investment agreement in accordance with the law of that province, the relevant provisions of the former Regulations respecting an applicant for an immigrant visa as an investor, an approved business, an investor in a province, a fund manager, an eligible business, an approved fund, a fund, an escrow agent, a privately administered venture capital fund or a government-administered venture capital fund continue to apply as they read immediately before April 1, 1999 to all persons governed by their application before that date.


Entrepreneurs

363. For greater certainty, section 98 does not apply in respect of an entrepreneur within the meaning of subsection 2(1) of the former Regulations who was issued an immigrant visa under subparagraph 9(1)(b)(ii) or (c)(i) of those Regulations.

jackieyu

PART 21

REPEALS AND COMING INTO FORCE


Repeals


Regulations repealed

364. The following Regulations are repealed:


(a) the Immigration Regulations, 19781;

(b) the Refugee Claimants Designated Class Regulations2;

(c) the Immigration Act Fees Regulations3; and

(d) the Humanitarian Designated Classes Regulations4.

1 SOR/78-172

2 SOR/90-40

3 SOR/97-22

4 SOR/97-183


Coming into Force


Coming into force

365. (1) These Regulations, except paragraph 117(1)(e), subsection 117(5) and paragraphs 259(a) and (f) come into force on June 28, 2002.

  (2) [Repealed, SOR/2005-61, s. 9]

  
Exception

(3) Paragraphs 259(a) and (f) come into force on December 31, 2003.

SOR/2003-97, s. 1; SOR/2004-34, s. 1; SOR/2005-61, s. 9.


SCHEDULE 1

(Section 2)

PORTS OF ENTRY

DIVISION 1

ONTARIO



   1. Ambassador Bridge, Windsor  
   2. Detroit and Canada Tunnel, Windsor  
   3. Fort Frances International Bridge, Fort Frances  
   4. Hamilton International Airport, Hamilton  
   5. Lansdowne (Thousand Islands Bridge), Lansdowne  
   6. Lester B. Pearson International Airport, Mississauga  
   7. Lewiston-Queenston Bridge, Queenston  
   8. Peace Bridge, Fort Erie  
   9. Pigeon River Border Crossing at Highway 61, Pigeon River  
  10. Rainbow Bridge, Niagara Falls  
  11. Rainy River International Bridge, Rainy River  
  12. Sarnia Blue Water Bridge, Point Edward  
  13. Sault Ste. Marie International Bridge, Sault Ste. Marie  
  14. Seaway International Bridge, Cornwall  
  15. Seaway Skyway International Bridge, Prescott  
  16. Whirlpool Bridge, Niagara Falls  


DIVISION 2

QUEBEC



   1. Abercorn, Abercorn  
   2. Armstrong, Saint-Théophile  
   3. Beebe, Stanstead  
   4. Chartierville, Chartierville  
   5. Clarenceville, Clarenceville  
   6. Dundee, Sainte-Agnès-de-Dundee  
   7. East Hereford, East Hereford  
   8. Frelighsburg, Frelighsburg  
   9. Glen Sutton, Sutton  
  10. Hemmingford, Hemmingford  
  11. Herdman, Athelstan  
  12. Hereford Road, Saint-Herménégilde  
  13. Highwater, Highwater  
  14. Lacolle Highway 15, Saint-Bernard-de-Lacolle  
  15. Lacolle Highway 221, Notre-Dame Du Mont-Carmel  
  16. Lacolle Highway 223, Notre-Dame Du Mont-Carmel  
  17. Montreal International Airport, Dorval  
  18. Montreal International Airport, Mirabel  
  19. Noyan, Noyan  
  20. Rock Island Highway 55, Stanstead  
  21. Rock Island Highway 143, Stanstead  
  22. Saint-Armand, Saint-Armand de Philipsburg  
  23. Stanhope, Stanhope  
  24. Trout River, Athelstan  
  25. Woburn, Woburn  


DIVISION 3

NEW BRUNSWICK



   1. Andover, Carlingford  
   2. Campobello, Welshpool  
   3. Centreville, Royalton  
   4. Clair, Clair  
   5. Edmundston, Edmundston  
   6. Gillespie Portage, Gillespie Settlement  
   7. Milltown, St. Stephen  
   8. St. Croix, St. Croix  
   9. Saint Leonard, Saint Leonard  
  10. Woodstock Road, Belleville  
  11. Grand Falls, Grand Falls


DIVISION 4

MANITOBA



  1. Boissevain, Boissevain  
  2. Emerson West Lynne, Emerson  
  3. Sprague, Sprague  
  4. Winnipeg International Airport, Winnipeg  


DIVISION 5

BRITISH COLUMBIA



   1. Boundary Bay, Delta  
   2. Douglas, Surrey  
   3. Huntingdon, Huntingdon  
   4. Kingsgate, Kingsgate  
   5. Osoyoos, Osoyoos  
   6. Pacific Highway, Surrey  
   7. Patterson, Rossland  
   8. Roosville, Grasmere  
   9. Stewart, Stewart  
  10. Vancouver International Airport, Richmond  
  11. Victoria International Airport, Sidney  


DIVISION 6

SASKATCHEWAN



  1. North Portal, North Portal  
  2. Regway, Regway  


DIVISION 7

ALBERTA



  1. Calgary International Airport, Calgary  
  2. Coutts, Coutts  
  3. Edmonton International Airport, Edmonton  


DIVISION 8

YUKON



  1. Beaver Creek, Beaver Creek  


SOR/2004-167, s. 79.


SCHEDULE 2

(paragraph 148(2)(d) and section 149)



  1. Colombia  
  2. El Salvador  
  3. Guatemala  
  4. Democratic Republic of Congo  
  5. Sierra Leone  
  6. Sudan  




Last updated: 2007-12-21    Important Notices

jackieyu

OK!!!!贴完收工~~大家可以回贴了~~也可以自由取材，想要哪段取哪段~~没有收费项目哈~~全部免费~~不过如果大家看的爽的话，可以给俺加点儿枫情币~~先谢谢大家了~~

顺便，因为全都是纯文字~~所以大家如果不想看那么多，不妨直接在页面上ctrl+F，然后输入自己感兴趣的内容即可~~比如permanent resident之类的关键词~~然后就可以看到相关内容了~

再次感谢大家的耐心~~~呵呵~~同时也希望楼主生意兴旺发达，毕竟有人需要pdf的版本~~

jackieyu

对了，忘了说~~两部法典中全部关于refugee的内容已经都被我省略掉了~~相信大家不会需要相关内容，所以我给省了一些版面~~~还有，这两部法我自己也没有好好看呢~~真的不太清楚regulation和act之间有什么区别~~但是regulation要比act内容多了很多~~所以我估计act是大政方针，regulation是具体的实行办法和规定~~大概可能不确定。。。反正是我个人理解。。。

jackieyu

还有，所有法典的信息来源为department of justice Canada网站~~版权是人家的哈~~

dubble

怎么给了钱还下不了啊，有用户组的设置吗

Jambo

要这么多钱啊

若然2007

我刚花了风情币买了啊,可是却说我无权访问?!!