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

DIVISION 10Fees

Marginal note:Remission — right of landing fee

357 The fee set out in column III of item 19 of the schedule to the Immigration Act Fees Regulations is remitted and shall be repaid by the Minister to the person who paid it if the fee is paid in respect of a person before they become a permanent resident under the Immigration and Refugee Protection Act and the person, at the time they made an application for landing under the former Regulations, was

• (a) a member of the family class and 19 years of age or older and, on the day on which this section comes into force, is a foreign national referred to in paragraph 117(1)(b) or (e) of these Regulations; or

• (b) an accompanying dependant of an immigrant, within the meaning of subsection 2(1) of the former Regulations, 19 years of age or older and not a spouse of the principal applicant.

Marginal note:Fees to be reapplied

• 358 (1) A fee paid for processing an application in respect of which no decision has been made before the day on which this section comes into force or an application that has been refused but the refusal has not been communicated to the applicant before that day shall be applied to the cost of completing the processing of the application under the Immigration and Refugee Protection Act.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of an application for a returning resident permit.

Marginal note:Remission — returning resident permit fee

359 The fee for a returning resident permit set out in column III of item 3 of the schedule to the Immigration Act Fees Regulations is remitted if, before the day on which this section comes into force, no decision has been made on the application for the permit or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.

Marginal note:Remission — fee for review of family business employment offer

360 The fee set out in column III of item 16 of the schedule to the Immigration Act Fees Regulations for the review of an offer of employment made to an applicant in respect of a family business is remitted if, before the day on which this section comes into force, no determination has been made on the family business application or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.

DIVISION 11Economic Classes

Marginal note:Equivalent assessment

• 361 (1) If, before the day on which this section comes into force, a foreign national referred to in subsection (2) has been assessed by a visa officer and awarded the number of units of assessment required by the former Regulations, that assessment is, for the purpose of these Regulations, an award of points equal or superior to the minimum number of points required of

  • (a) a skilled worker, in the case of a foreign national described in paragraph (2)(a);

  • (b) an investor, in the case of a foreign national described in paragraph (2)(b);

  • (c) an entrepreneur, in the case of a foreign national described in paragraph (2)(c); or

  • (d) a self-employed person, in the case of a foreign national described in paragraph (2)(d).

• Marginal note:Applicant for immigrant visa

  (2) Subsection (1) applies in respect of a foreign national who submitted an application under the former Regulations, as one of the following, for an immigrant visa that is pending immediately before the day on which this section comes into force:

  • (a) a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations;

  • (b) an investor; or

  • (c) an entrepreneur.

• Marginal note:Application before January 1, 2002

  (3) During the period beginning on the day on which this section comes into force and ending on March 31, 2003, units of assessment shall be awarded to a foreign national, in accordance with the former Regulations, if the foreign national is an immigrant who,

  • (a) is referred to in subsection 8(1) of those Regulations, other than a provincial nominee, and

  • (b) before January 1, 2002, made an application for an immigrant visa under those Regulations that is still pending on the day on which this section comes into force and has not, before that day, been awarded units of assessment under those Regulations.

• Marginal note:Pending applications — skilled workers

  (4) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the federal skilled worker class,

  • (a) be awarded at least the minimum number of units of assessment required by those Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or

  • (b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.

• Marginal note:Pending applications — investors

  (5) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an investor and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the investor class,

  • (a) be determined to be an investor within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an investor; or

  • (b) be an investor within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

• Marginal note:Pending applications — entrepreneurs

  (5.1) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an entrepreneur and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the entrepreneur class,

  • (a) be determined to be an entrepreneur within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an entrepreneur; or

  • (b) be an entrepreneur within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

• Marginal note:Pending applications — self-employed persons

  (5.2) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a self-employed person and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the self-employed persons class,

  • (a) be determined to be a self-employed person within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for a self-employed person; or

  • (b) be a self-employed person within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

• Marginal note:Provincial nominees

  (6) If, before the day on which this section comes into force, a foreign national who was a provincial nominee submitted an application for a permanent resident visa under the former Regulations that is pending immediately before that day, the foreign national shall be assessed, and units of assessment shall be awarded to them, in accordance with those Regulations.

Marginal note:Investors

362 If, before April 1, 1999, a foreign national made an application for an immigrant visa as an investor and signed any document referred to in clause 1(v)(iii)(A) of Schedule X to the former Regulations, as that Schedule read immediately before that date, or, in the case of an investor in a province, either applied for a selection certificate under section 3.1 of An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time, or applied for an immigrant visa as an investor, and signed an investment agreement in accordance with the law of that province, the relevant provisions of the former Regulations respecting an applicant for an immigrant visa as an investor, an approved business, an investor in a province, a fund manager, an eligible business, an approved fund, a fund, an escrow agent, a privately administered venture capital fund or a government-administered venture capital fund continue to apply as they read immediately before April 1, 1999 to all persons governed by their application before that date.

Marginal note:Entrepreneurs

363 For greater certainty, section 98 does not apply in respect of an entrepreneur within the meaning of subsection 2(1) of the former Regulations who was issued an immigrant visa under subparagraph 9(1)(b)(ii) or (c)(i) of those Regulations.

PART 21Repeals and Coming into Force

Repeals

Marginal note:Regulations repealed

364 The following Regulations are repealed:

• (a) the Immigration Regulations, 1978Footnote ¹;

• (b) the Refugee Claimants Designated Class RegulationsFootnote ²;

• (c) the Immigration Act Fees RegulationsFootnote ³; and

• (d) the Humanitarian Designated Classes RegulationsFootnote ⁴.

• Return to footnote ¹SOR/78-172

• Return to footnote ²SOR/90-40

• Return to footnote ³SOR/97-22

• Return to footnote ⁴SOR/97-183

Coming into Force

Marginal note:Coming into force

• 365 (1) These Regulations, except paragraph 117(1)(e), subsection 117(5) and paragraphs 259(a) and (f) come into force on June 28, 2002.

• (2) [Repealed, SOR/2005-61, s. 9]

• Marginal note:Exception

  (3) Paragraphs 259(a) and (f) come into force on December 31, 2003.