Immigration and Refugee Protection Act

Version of section 14.1 from 2013-04-29 to 2017-06-21:

Marginal note:Economic immigration
  •  (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.

  • Marginal note:Limitation

    (2) Despite any instruction given by the Minister under paragraph 87.3(3)(c), no more than 2,750 applications in a class established under subsection (1) may be processed in any year.

  • Marginal note:Application of regulations

    (3) Subject to subsection (4), regulations that apply to all classes prescribed under subsection 14(2) that are part of the economic class referred to in subsection 12(2) apply to a class established under subsection (1).

  • Marginal note:Exception

    (4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1).

  • Marginal note:Non-application of regulations

    (5) For greater certainty, regulations that apply to only one class prescribed under subsection 14(2) that is part of the economic class referred to in subsection 12(2) — or to only certain classes that are part of that economic class — do not apply to a class established under subsection (1). However, an instruction given under that subsection may specify otherwise.

  • Marginal note:Non-application of instructions

    (6) The instructions do not apply in respect of a class prescribed by the regulations.

  • Marginal note:Compliance with instructions

    (7) An officer must comply with the instructions before processing an application and when processing one.

  • Marginal note:Amendments to instructions

    (8) An instruction that amends another instruction may, if it so provides, apply in respect of applications in a class established by the original instruction that are pending on the day on which the amending instruction takes effect.

  • Marginal note:Effective period — limitation

    (9) An instruction given under subsection (1) has effect for the period specified in the instruction, which is not to exceed five years starting on the day on which the instruction first takes effect. No amendment to or renewal of an instruction may extend the five-year period.

  • Marginal note:Pending applications

    (10) Despite subsection (9), the Minister may direct officers to process, after the end of the effective period of an instruction, applications in a class established by the instruction that were made during the period in which the instruction had effect.

  • Marginal note:User Fees Act

    (11) The User Fees Act does not apply in respect of the fees referred to in subsection (1).

  • Marginal note:Publication

    (12) Instructions must be published in the Canada Gazette.

  • 2012, c. 19, ss. 703, 710.
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