Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Assented to 2014-06-19

Marginal note:2010, c. 12, s. 1878(1)

 The portion of subsection 74(1) of the Act before paragraph (a) is replaced by the following:

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

 The portion of subsection 74(1) of the Act before paragraph (a) is replaced by the following:

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

2010, c. 12Jobs and Economic Growth Act

 Section 1884 of the Jobs and Economic Growth Act is replaced by the following:

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.

Coming into Force

Marginal note:One year after royal assent
  •  (1) Section 260 comes into force one year after the day on which this Act receives royal assent.

  • Marginal note:January 1, 2015

    (2) Section 289 comes into force on January 1, 2015.

  • Marginal note:Order in council

    (3) Subsections 256(2) and (3), sections 257, 258 and 261, subsection 262(3) and sections 263 to 266 and 293, subsections 294(1) to (5) and section 296 come into force on a day or days to be fixed by order of the Governor in Council.

Division 20Immigration

2001, c. 27Immigration and Refugee Protection Act

Marginal note:2012, c. 19, s. 701; 2013, c. 40, subpar. 238(1)(h)(i)

 Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:

  • 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.

 The Act is amended by adding the following after section 11.1:

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.

 Section 14 of the Act is amended by adding the following after subsection (4):

  • 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.

 Section 32 of the Act is amended by adding the following after paragraph (d.3):

  • (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;

 The Act is amended by adding the following after section 87.4:

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.

 Subsection 145(1) of the Act is amended by adding the following after paragraph (b):

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

 Section 146 of the Act is amended by adding the following after subsection (1):

  • 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).

2013, c. 40Economic Action Plan 2013 Act, No. 2

  •  (1) Section 290 of the Economic Action Plan 2013 Act, No. 2 is amended by adding, after the subsection 10.1(2) that it enacts, the following:

    • Marginal note:Provincial nominees

      (2.1) In the case of the prescribed class of provincial nominees, an instruction may be given under paragraph 10.3(1)(a) in respect of the foreign nationals who are nominated by the government of a particular province in accordance with an agreement referred to in section 8, or in respect of a portion of those foreign nationals.

  • (2) Section 290 of the Act is amended by replacing the subsection 10.1(6) that it enacts with the following:

    • Marginal note:Failure to make application

      (6) A foreign national who is invited to make an application and does not do so within the period specified in an instruction given under paragraph 10.3(1)(k) is not eligible to be invited to make an application in relation to the expression of interest on the basis of which the invitation was issued.

  • (3) Section 290 of the Act is amended by replacing the subsection 10.2(5) that it enacts with the following:

    • Marginal note:Cancellation of invitation

      (5) The Minister may cancel an invitation to make an application if the invitation was issued in error.

  • (4) Section 290 of the Act is amended by replacing the portion of the subsection 10.3(1) that it enacts before paragraph (a) with the following:

    Marginal note:Instructions
    • 10.3 (1) The Minister may give instructions governing any matter relating to the application of this Division, including instructions respecting

  • (5) Section 290 of the Act is amended by replacing the paragraph 10.3(1)(c) that it enacts with the following:

    • (c) the submission and processing of an expression of interest, including by means of the electronic system;

  • (6) Section 290 of the Act is amended by striking out “and” at the end of the paragraph 10.3(1)(k) that it enacts, by adding “and” at the end of the paragraph 10.3(1)(l) that it enacts and by adding the following after that paragraph 10.3(1)(l):

    • (m) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national.

 
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