Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
Division 532007, c. 30Kyoto Protocol Implementation Act
Marginal note:Repeal
699. The Kyoto Protocol Implementation Act, chapter 30 of the Statutes of Canada, 2007, is repealed.
Division 542001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
700. Subsection 2(2) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Act includes regulations and instructions
(2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).
701. Section 4 of the Act is amended by adding the following after subsection (2):
Marginal note:Minister of Human Resources and Skills Development
(2.1) In making regulations under paragraphs 32(d.1) to (d.3), the Governor in Council may confer powers and duties on the Minister of Human Resources and Skills Development.
702. Section 5 of the Act is amended by adding the following after subsection (1):
Marginal note:Application
(1.1) Regulations made under this Act that apply in respect of sponsorship applications or applications for permanent or temporary resident visas, permanent or temporary resident status or work or study permits may, if they so provide, apply in respect of any such applications that are pending on the day on which the regulations are made, other than
(a) applications to become a permanent resident made in Canada by protected persons; and
(b) applications for permanent resident visas made by persons referred to in subsection 99(2) and sponsorship applications made in respect of those applications.
703. The Act is amended by adding the following after section 14:
Minister’s Instructions
Marginal note:Economic immigration
14.1 (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 section 89 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.
704. Subsection 27(2) of the Act is replaced by the following:
Marginal note:Conditions
(2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1).
705. Section 32 of the Act is amended by adding the following after paragraph (d):
(d.1) in relation to the authorization of a foreign national to work in Canada — including in relation to a work permit — the requirements that may or must be imposed on the employer in question, or that may or must be varied or cancelled;
(d.2) the power to inspect, for the purpose of verifying compliance with the requirements imposed on an employer in relation to the work permit of a foreign national that authorizes the foreign national to work in Canada temporarily;
(d.3) the consequences of a failure to comply with the requirements referred to in paragraph (d.2);
Marginal note:2008, c. 28, s. 118
706. (1) Subsection 87.3(1) of the Act is replaced by the following:
Marginal note:Application
87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in 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:2008, c. 28, s. 118
(2) The portion of subsection 87.3(3) of the French version of the Act before paragraph (b) is replaced by the following:
Marginal note:Instructions
(3) Pour l’application du paragraphe (2), le ministre peut donner des instructions sur le traitement des demandes, notamment des instructions :
a) prévoyant les groupes de demandes à l’égard desquels s’appliquent les instructions;
(3) Subsection 87.3(3) of the Act is amended by adding the following after paragraph (a):
(a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;
Marginal note:2008, c. 28, s. 118
(4) Paragraphs 87.3(3)(b) to (d) of the French version of the Act are replaced by the following:
b) prévoyant l’ordre de traitement des demandes, notamment par groupe;
c) précisant le nombre de demandes à traiter par an, notamment par groupe;
d) régissant la disposition des demandes dont celles faites de nouveau.
(5) Section 87.3 of the Act is amended by adding the following after subsection (3):
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.
707. The Act is amended by adding the following after section 87.3:
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).
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