SOR/2019-174, s. 1

1 The Immigration and Refugee Protection RegulationsFootnote 1 are amended by adding the following after section 9:

  • Return to footnote 1SOR/2002-227

DIVISION 1.1Use of Electronic Means

Marginal note:Electronic means

  • 9.1 (1) Despite section 10, when an application, request or claim is made, a document or information is submitted electronically, or a signature by electronic means is provided, it must be made, submitted or provided using the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Supporting documents for electronic applications

    (2) When an application, request or claim is made by electronic means, any required information, documents or evidence of payment required in these Regulations must be submitted by the same means.

Marginal note:Application by electronic means

9.2 The following applications must be made by the electronic means made available or specified by the Minister for that purpose:

  • (a) an application for an extension of an authorization to remain in Canada as a temporary resident;

  • (b) an application that is made in Canada for a work or study permit or for renewal of such a permit;

  • (c) an application for the restoration of temporary resident status;

  • (d) an application that is made pursuant to a youth mobility arrangement entered into by Canada.

Marginal note:Deemed receipt by the Minister

  • 9.3 (1) Any application, request, claim, document or information sent by a foreign national, or an individual or an entity using electronic means is deemed to have been received by the Minister at the time and on the date indicated by the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Deemed receipt by recipient

    (2) Any notice, request, decision, determination, document or information sent by the Minister using electronic means is deemed to have been received by the intended recipient at the time and on the date it was sent by the Minister as indicated by the electronic means that is used or specified by the Minister for that purpose.

Marginal note:Exception — use of other means

9.4 Despite other provisions of these Regulations, the Minister may require a foreign national, or an individual or an entity to make an application, request or claim, submit any document or information or provide a signature by any other means made available or specified by the Minister for that purpose if the Minister determines that

  • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

  • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

Marginal note:Disability

9.5 A foreign national or an individual who, because of a disability is unable to meet a requirement to make an application, request or claim, submit any document or provide a signature or information using electronic means, may do so by any other means that is made available or specified by the Minister for that purpose.

Marginal note:Payment of fees

  • 9.6 (1) Any fees to be paid or evidence of payment of fees referred to in these Regulations must be paid or provided by the electronic means that is made available or specified by the Minister for that purpose except in the following circumstances:

    • (a) if services for the collection of payment are provided by an entity under an agreement or arrangement with Canada for that purpose; or

    • (b) if fees may be paid at a port of entry by other means.

  • Marginal note:Payment in exceptional circumstances

    (2) Despite subsection (1), the required fees may be paid or evidence of payment provided by any other means that is made available or specified by the Minister for that purpose if the Minister determines that

    • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

    • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

  • Marginal note:Deemed receipt

    (3) Any fee paid by electronic means is deemed to be paid on the date and at the time recorded by the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Exception — disability

    (4) A foreign national or an individual who, because of a disability is unable to pay the required fees referred to in subsection (1) by electronic means, may do so by other means that is made available or specified by the Minister for that purpose.