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

Regulations are current to 2017-03-20 and last amended on 2017-03-10. Previous Versions

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

  • Marginal note:Costs incurred in seizure

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

  • SOR/2004-167, s. 69(E).

PART 18Loans

Definition of beneficiary

 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.

  • SOR/2009-163, s. 10(F).
Marginal note:Types of loans

 The Minister may make loans to the following persons for the following purposes:

  • (a) to a foreign national referred to in Part 1 of the Act for the purpose of

    • (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) assisting the foreign national and their beneficiaries to become established in Canada, or

    • (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by the foreign national and their beneficiaries of permanent resident status;

  • (b) to a foreign national referred to in Part 2 of the Act for the purpose of

    • (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) defraying the cost to the foreign national and their beneficiaries of transportation to attend any interview relating to their application, and related administrative charges,

    • (iii) defraying the cost to the foreign national and their beneficiaries of a medical examination under paragraph 16(2)(b) of the Act, and related costs and administrative charges, or

    • (iv) assisting the foreign national and their beneficiaries to become established in Canada; and

  • (c) to a permanent resident or a Canadian citizen for the purpose of

    • (i) defraying the cost to their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) defraying the cost to their beneficiaries of a medical examination under paragraph 16(2)(b) of the Act, and related costs and administrative charges, if the beneficiaries are protected persons within the meaning of subsection 95(2) of the Act, or

    • (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by their beneficiaries of permanent resident status.

  • SOR/2009-163, s. 11(F);
  • SOR/2012-154, s. 14.
Marginal note:Maximum amount
  •  (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $110,000,000.

  • Marginal note:Total loans

    (2) The total amount of all loans made under this Part plus accrued interest on those loans shall not at any time exceed the maximum amount of advances prescribed by subsection (1).

Marginal note:Repayment
  •  (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.

  • Marginal note: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.

  • SOR/2009-163, s. 12(F).
Marginal note:Deferred repayment
  •  (1) If repaying a loan, in accordance with the requirements of section 291, that was made to a person under section 289 would, by reason of the person’s income, assets and liabilities, cause the person financial hardship, an officer may, to the extent necessary to relieve that hardship but subject to subsection (2), defer the commencement of the repayment of the loan, defer payments on the loan, vary the amount of the payments or extend the repayment period.

  • Marginal note:Maximum extension

    (2) A repayment period shall not be extended beyond

    • (a) an additional 24 months, in the case of a loan referred to in paragraph 289(b); and

    • (b) an additional six months, in the case of any other loan.

  • SOR/2009-163, s. 13(F).
Marginal note:Rate of interest
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
 
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