Marginal note:General offences

• 74. (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.3, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.43, 11.44 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable

Marginal note:General offences

• 74. (1) Every person or entity that knowingly contravenes any of sections 6, 6.1 and 9.1 to 9.31, subsection 9.4(2), sections 9.5 to 9.7, 11.1, 11.43, 11.44 and 11.6, subsections 12(1) and (4) and 36(1), section 37, subsections 55(1) and (2), section 57 and subsections 62(2), 63.1(2) and 64(3) or the regulations is guilty of an offence and liable

Marginal note:Royal assent of Economic Action Plan 2014 Act, No. 1

1884. The provisions of this Part, other than sections 1874 and 1875, are deemed to have come into force immediately before the day on which the Economic Action Plan 2014 Act, No. 1 receives royal assent.

• Marginal note:Minister of Employment and Social Development

  (2.1) In making regulations under paragraphs 32(d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.

Marginal note:Visa or other document not to be issued

11.2 An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if  —  at the time the invitation was issued or at the time the officer received their application  —  the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) or did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation.

• Marginal note:Applications to be made electronically

  (5) The regulations may require foreign nationals who make an application for a visa or other document under subsection 11(1) and foreign nationals who were issued an invitation under Division 0.1 to apply for permanent residence to make those applications by means of an electronic system and may include provisions respecting that system, respecting the circumstances in which those applications may be made by other means and respecting those other means.

• (d.4) a system of administrative monetary penalties applicable to the contravention by an employer of any conditions referred to in paragraph (d.1) and the amounts of those penalties;

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.

• (b.1) the amount of a penalty imposed under any regulation made under paragraph 32(d.4);

• Marginal note:Minister of Employment and Social Development

  (1.1) When a penalty is imposed as a result of the Minister of Employment and Social Development exercising a power conferred on him or her by regulation made under paragraph 32(d.4), that Minister is responsible for the recovery of the debt referred to in paragraph 145(1)(b.1).