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

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

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.

PART 19Fees

DIVISION 1General

Marginal note:Interpretation

 In this Part,

  • (a) a fee payable under this Part is payable not per application but for each person in respect of whom an application is made;

  • (b) subject to subsections 295(3), 301(2), 304(2) and 314(3), a fee payable under this Part for processing an application is payable at the time the application is made; 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.

  • SOR/2009-163, s. 14;
  • SOR/2013-73, s. 3;
  • SOR/2014-19, s. 1.

DIVISION 2Fees for Applications for Authorizations, Visas and Permits

Electronic Travel Authorizations

Marginal note:Fee — $7
  •  (1) A fee of $7 is payable for processing an application for an electronic travel authorization.

  • Marginal note:Exception

    (2) A person whose application for a work permit or study permit or for renewal of a work permit or study permit is considered, as the case may be, under subsection 12.04(5) or (6), to constitute an application for an electronic travel authorization is not required to pay the fee referred to in subsection (1).

  • SOR/2015-77, s. 8;
  • SOR/2017-53, s. 10.

Permanent Resident Visas

Marginal note:Permanent resident visa
  •  (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 19 years of age and is not a spouse or common-law partner, $75,

      • (iii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and

      • (iv) in respect of a family member of the principal applicant who is a dependent child, $150;

    • (b) if the application is made by a person as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec 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 a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is a dependent child, $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 a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is a dependent child, $150.

  • Marginal note:Exception — refugees

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

    • (a) a person who makes an application as a member of the Convention refugees abroad class and the family members included in the member’s application; and

    • (b) a person who makes an application as a member of a humanitarian-protected persons abroad class and the family members included in the member’s application.

  • Marginal note: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.

  • (2.2) [Repealed, SOR/2016-316, s. 14]

  • Marginal note:Payment by sponsor

    (3) A fee payable under subsection (1) in respect of a person who makes an application as a member of the family class or their family members

    • (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and

    • (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application for a permanent resident visa has begun, the sponsorship application is withdrawn by the sponsor.

  • Marginal note:Age

    (4) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed.

  • SOR/2003-383, s. 6;
  • SOR/2005-61, s. 7;
  • SOR/2009-163, s. 15;
  • SOR/2011-222, s. 7;
  • SOR/2014-133, s. 10;
  • SOR/2016-316, s. 14.
 
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