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

Marginal note:Special advocate

87.1 If the judge during the judicial review, or a court on appeal from the judge’s decision, is of the opinion that considerations of fairness and natural justice require that a special advocate be appointed to protect the interests of the permanent resident or foreign national, the judge or court shall appoint a special advocate from the list referred to in subsection 85(1). Sections 85.1 to 85.5 apply to the proceeding with any necessary modifications.

Regulations

Marginal note:Regulations

• 87.2 (1) The regulations may provide for any matter relating to the application of this Division and may include provisions respecting

  • (a) the conditions that must be imposed under subsection 77.1(1) or 82(6); and

  • (b) the conditions and qualifications that persons must meet to be included in the list referred to in subsection 85(1) and the additional qualifications that are assets that may be taken into account for that purpose.

• Marginal note:Requirements

  (2) The regulations

  • (a) shall require that, to be included in the list, persons be members in good standing of the bar of a province, not be employed in the federal public administration, and not otherwise be associated with the federal public administration in such a way as to impair their ability to protect the interests of the permanent resident or foreign national; and

  • (b) may include provisions respecting those requirements.

DIVISION 10General Provisions

Instructions on Processing Applications and Requests

Marginal note:Application

• 87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

• Marginal note:Clarification

  (1.1) For greater certainty, this section applies to a sponsorship application made under subsection 13(1) to sponsor a person referred to in subsection 99(2).

• Marginal note:Attainment of immigration goals

  (2) The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

• Marginal note:Instructions

  (3) For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions

  • (a) establishing categories of applications or requests to which the instructions apply;

  • (a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;

  • (b) establishing an order, by category or otherwise, for the processing of applications or requests;

  • (c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and

  • (d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.

• Marginal note:Application

  (3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.

• Marginal note:Clarification

  (3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.

• Marginal note:Compliance with instructions

  (4) Officers and persons authorized to exercise the powers of the Minister under section 25 shall comply with any instructions before processing an application or request or when processing one. If an application or request is not processed, it may be retained, returned or otherwise disposed of in accordance with the instructions of the Minister.

• Marginal note:Clarification

  (5) The fact that an application or request is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or other document, or grant the status or exemption, in relation to which the application or request is made.

• Marginal note:Publication

  (6) Instructions shall be published in the Canada Gazette.

• Marginal note:Clarification

  (7) Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which to administer this Act.

Applications for Temporary Resident Visas, Work Permits and Study Permits

Marginal note:Order in council

• 87.31 (1) If the Governor in Council is of the opinion that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that country or territory who are in Canada, the Governor in Council may make an order specifying one or more of the following:

  • (a) applications for temporary resident visas, work permits or study permits, or any combination of those types of applications, made by any citizen or national of that foreign state or territory are not to be accepted for processing if they are received during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force;

  • (b) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; or

  • (c) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.

• Marginal note:Other elements of order

  (2) An order made under subsection (1) may

  • (a) restrict the application of the order to applications, citizens or nationals within a class of applications, citizens or nationals that is specified in the order;

  • (b) provide for the retention, return or other disposition of applications;

  • (c) if the processing of applications is terminated, provide for the repayment of fees paid in respect of those applications; and

  • (d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

• Marginal note:Clarification

  (3) The fact that an application is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or permit in relation to which the application is made.

Federal Skilled Workers

Marginal note:Application made before February 27, 2008

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

• Marginal note:Application

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

• Marginal note:Effect

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

• Marginal note:Fees returned

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

• Marginal note:No recourse or indemnity

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

Federal Investor and Entrepreneur Classes

Marginal note:Pending applications

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

• Marginal note:Application

  (2) Subsection (1) does not apply to

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

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

• Marginal note:Effect

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

• Marginal note:Fees returned

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

• Marginal note:Investment returned

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

• Marginal note:Provincial allocation

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

• Marginal note:No recourse or indemnity

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

Loans

Marginal note:Loans

• 88 (1) The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund, up to the maximum amount that is prescribed, sums that the Minister may require in order to make loans for the purposes of this Act.

• Marginal note:Regulations

  (2) The regulations may provide for any matter relating to the application of this section, and may include provisions respecting classes of persons to whom, and the purposes for which, the loans may be made.

Fees

Marginal note:Regulations

• 89 (1) The regulations may govern fees for services provided in the administration of this Act, and cases in which fees may be waived by the Minister or otherwise, individually or by class.

• Marginal note:Service Fees Act

  (1.1) The Service Fees Act does not apply to a fee for the provision of services in relation to a request for an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit.

• Marginal note:Service Fees Act

  (1.2) The Service Fees Act does not apply to a fee for the provision of services in relation to the processing of an application

  • (a) for a temporary resident visa or permanent resident visa;

  • (b) for a work permit or study permit;

  • (c) for an extension of an authorization to remain in Canada as a temporary resident;

  • (d) to remain in Canada as a permanent resident;

  • (e) to sponsor a foreign national as a member of the family class;

  • (f) to make the request referred to in subsection 25(1);

  • (g) for a travel document issued under subsection 31(3); and

  • (h) for a permanent resident card.

• Marginal note:Service Fees Act

  (2) The Service Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).

• Marginal note:Service Fees Act

  (3) The Service Fees Act does not apply to a fee for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of related services.

• Marginal note:Service Fees Act

  (4) The Service Fees Act does not apply to a fee for the examination of the circumstances of a foreign national under subsection 25.2(1).

Marginal note:Fees for rights and privileges

• 89.1 (1) The regulations may

  • (a) govern fees to be paid for rights and privileges conferred by means of a work permit; and

  • (b) waive the fees referred to in paragraph (a) for certain work permits or certain classes of work permits.

• Marginal note:Service Fees Act

  (2) The Service Fees Act does not apply to fees referred to in paragraph (1)(a).

Marginal note:Service Fees Act

89.11 The Service Fees Act does not apply to fees for the acquisition of permanent resident status.