GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 279
Assessment of administration fee 279 (1) Subject to subsection (2), an administration fee must be assessed against a commercial transporter in respect of any of the following foreign nationals it carried or caused to be carried to Canada: (a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 , subsection 7 (1), section 7.01 or 7.1 or subsection 50 (1) or 52 (1); (b) a foreign national who is prescribed under section 258.1 or whom the commercial transporter has been directed under paragraph 148(1)(a) of the Act not to carry to Canada; (c) a foreign national who is exempt, under subsection 52(2), from the requirement to hold a passport or travel document but who fails to produce sufficient evidence of their identity; (d) a foreign national who failed to appear for an examination on entry into Canada; (e) a foreign national who entered Canada as a member of a crew or to become a member of a crew and is inadmissible; and (f) a foreign national who is subject to a removal order, or is allowed under section 42 to withdraw their application to enter Canada, and who fails to leave Canada immediately. Exceptions (2) An administration fee shall not be assessed against a commercial transporter in respect of (a) a person referred to in section 39; (b) a foreign national who is prescribed under section 258.1 and in respect of whom notice under section 270 was not given before the foreign national was carried to Canada but who holds the necessary documents prescribed under section 259; (c) a foreign national who does not hold an electronic travel authorization when one is required under section 7.01 or 7.1 and in respect of whom the Canada Border Services Agency did not give notice under section 270 to the commercial transporter before the foreign national was carried to Canada, but who holds one of the required prescribed documents set out in paragraphs 259 (a) to (f); or (d) a foreign national, other than a foreign national referred to in paragraph 190 (3)(c), who seeks to enter Canada to obtain permanent residence and is inadmissible under paragraph 41(a) of the Act for failing to obtain a permanent resident visa as required under section 6 , but who is exempted under Division 1 of Part 2 from the requirement to obtain an electronic travel authorization required under section 7.01 or 7.1 or exempted under Division 5 of Part 9 from the requirement to obtain a temporary resident visa. (e) [Repealed, SOR/2016-37, s. 11] SOR/2004-167, s. 68; SOR/2016-37, ss. 11, 16; SOR/2017-53, s. 8
Immigration and Refugee Protection Regulations — 280
Administration fee 280 (1) Subject to subsection (2), the administration fee assessed under section 279 is $3,200. Memorandum of understanding (2) If a memorandum of understanding in accordance with subsection (3) is in effect between the commercial transporter and the Minister, the administration fee assessed is (a) $3,200, if the commercial transporter does not demonstrate that it complies with the memorandum of understanding, if the commercial transporter carried to Canada a foreign national who is prescribed under section 258.1 or whom the commercial transporter has been directed under paragraph 148(1)(a) of the Act not to carry to Canada, or if the administration fee is assessed in respect of a member of the crew of the transporter; (b) $2,400, if the commercial transporter demonstrates that it complies with the memorandum of understanding; (c) $1,600, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 50%; (d) $800, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 75%; and (e) $0, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 100%. Content of memorandum of understanding (3) A memorandum of understanding referred to in subsection (2) shall include provisions respecting (a) document screening; (b) the training of personnel in document screening; (c) the use of technological aids; (d) fraud prevention; (e) gate checks; (f) information exchange; (g) performance standards and administration fee assessments; (h) compliance monitoring of the provisions of the memorandum of understanding; (i) holding documents under section 260; (j) providing information referred to in subsections 269(1) and (2); (k) stowaways; and (l) security screening of members of a crew. SOR/2016-37, s. 12
Immigration and Refugee Protection Regulations — 281
Notice of assessment 281 (1) The assessment of an administration fee shall be served personally, by registered mail, by facsimile with acknowledgement of receipt or by electronic transmission on a representative of the commercial transporter. Service effected (2) Service of the assessment by registered mail is deemed to have been effected on the seventh day after the day on which the assessment was mailed.
Immigration and Refugee Protection Regulations — 282
Submissions concerning assessment 282 (1) The commercial transporter may submit written submissions to the Minister within 30 days after being served with an assessment of an administration fee. Final decision and notice (2) If submissions are made, the Minister must consider the submissions, confirm, vary or cancel the assessment and give written notice of the final decision to the commercial transporter. Elements considered (2.1) In considering the submissions, the Minister must take into account whether the commercial transporter was, before the foreign national was carried to Canada, notified under section 270 that the foreign national may have been a person prescribed under section 258.1 or a person who did not hold an electronic travel authorization when one was required under section 7.01 or 7.1 . Liability (3) If no submissions are made within the 30-day period, the assessment is final and the commercial transporter is liable for the assessment at the end of that period. Liability (4) If the Minister confirms an assessment under subsection (2), the commercial transporter is liable for the assessment on the date the notice is sent. SOR/2016-37, ss. 13, 17; SOR/2017-53, s. 9
Immigration and Refugee Protection Regulations — 283
Security 283 (1) The Minister may, on the basis of the following factors, require a commercial transporter to provide security for compliance with its obligations under paragraphs 148(1)(a) to (g) of the Act: (a) the frequency and regularity of arrival, or anticipated arrival, of the transporter’s vehicles carrying persons to Canada; (b) the number of persons carried, or anticipated to be carried, to Canada aboard the transporter’s vehicles; (c) whether the transporter has carried an inadmissible foreign national to Canada; and (d) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter. Amount of security (2) If the Minister requires security to be provided, the Minister shall determine the amount of security on the basis of the following factors: (a) the commercial transporter’s record of compliance with the Act; and (b) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter and the estimated removal costs. Form of security (3) A commercial transporter who is required to provide security must provide it in the form of a cash deposit unless (a) the transporter has entered into a memorandum of understanding referred to in subsection 280(2) that provides for another form of security; and (b) the transporter demonstrates that there is no significant risk of a debt not being paid if they were to provide another form of security. Return of security (4) If the Minister determines on the basis of the factors set out in subsection (1) that security is no longer required, the Minister shall return the security to the commercial transporter.
Immigration and Refugee Protection Regulations — 284
Application of s. 148(2) of the Act 284 For the purposes of subsection 148(2) of the Act, a prescribed good is a good that is not land, a building or a transportation facility.
Immigration and Refugee Protection Regulations — 285
Object detained or seized 285 If an object is detained or seized under subsection 148(2) of the Act, that object shall remain detained or seized until (a) the transporter complies with its obligations under section 148 of the Act; or (b) the transporter’s obligations are discharged by another person.
Immigration and Refugee Protection Regulations — 286
Notice of seizure 286 (1) Following a seizure under subsection 148(2) of the Act, an officer shall make reasonable efforts to (a) identify the lawful owner of the object seized; and (b) give notice of the seizure to that person. Disposition after seizure (2) A thing seized under subsection 148(2) of the Act shall be disposed of by (a) returning the object to the transporter on receipt of (i) an amount equal to the value of the object at the time of seizure and any expenses incurred in the seizure and, if applicable, detention, (ii) the security required under the Act or any costs and fees for which the transporter is liable, as well as an amount equal to any expenses incurred in the seizure and, if applicable, detention, or (iii) evidence that the transporter is in compliance with its obligations under subsection 148(1) of the Act and has reimbursed Her Majesty in right of Canada for any expenses incurred in the seizure and, if applicable, detention; or (b) disposing of the object under section 287.
Immigration and Refugee Protection Regulations — 287
Sale of a seized object 287 (1) If a transporter does not comply with paragraph 286(2)(a) within a reasonable time, an officer shall give notice to the transporter that the object will be sold. The object shall then be sold for the benefit of Her Majesty in right of Canada and the proceeds of the sale shall be applied to the transporter’s outstanding debt to Her Majesty under the Act. Any surplus shall be returned to the transporter. Costs incurred in seizure (2) Any expenses incurred by Her Majesty in right of Canada in selling the object, and any expenses incurred in the seizure or, if applicable, detention of the object, shall be deducted from the proceeds of the sale. SOR/2004-167, s. 69(E)
Immigration and Refugee Protection Regulations — 288
Definition of beneficiary 288 In this Part, beneficiary , in respect of a person, means (a) the person’s spouse, common-law partner or conjugal partner; (b) a dependent child of the person or of the person’s spouse, common-law partner or conjugal partner; and (c) any other person who, at the time of their application for a permanent resident visa or their application to remain in Canada as a permanent resident, is in a relationship of dependency with the person by virtue of being cared for by or receiving emotional and financial support from the person. SOR/2009-163, s. 10(F)
Immigration and Refugee Protection Regulations — 289
Types of loans 289 The Minister may make loans to the following persons for the following purposes: (a) to a foreign national referred to in Part 1 of the Act for the purpose of (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges, (ii) assisting the foreign national and their beneficiaries to become established in Canada, or (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by the foreign national and their beneficiaries of permanent resident status; (b) to a foreign national referred to in Part 2 of the Act for the purpose of (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges, (ii) defraying the cost to the foreign national and their beneficiaries of transportation to attend any interview relating to their application, and related administrative charges, (iii) defraying the cost to the foreign national and their beneficiaries of a medical examination under paragraph 16(2)(b) of the Act, and related costs and administrative charges, or (iv) assisting the foreign national and their beneficiaries to become established in Canada; and (c) to a permanent resident or a Canadian citizen for the purpose of (i) defraying the cost to their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges, (ii) defraying the cost to their beneficiaries of a medical examination under paragraph 16(2)(b) of the Act, and related costs and administrative charges, if the beneficiaries are protected persons within the meaning of subsection 95(2) of the Act, or (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by their beneficiaries of permanent resident status. SOR/2009-163, s. 11(F); SOR/2012-154, s. 14
Immigration and Refugee Protection Regulations — 290
Maximum amount 290 (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $400 million. Total loans (2) The total amount of all loans made under this Part plus accrued interest on those loans shall not at any time exceed the maximum amount of advances prescribed by subsection (1). SOR/2018-22, s. 1 SOR/2022-149, s. 1 SOR/2023-279, s. 1 SOR/2024-127, s. 1
Immigration and Refugee Protection Regulations — 291
Repayment 291 (1) Subject to section 292, a loan made under section 289 becomes payable (a) in the case of a loan for the purpose of defraying transportation costs, one year after the day on which the person for whose benefit the loan was made enters Canada; and (b) in the case of a loan for any other purpose, one year after the day on which the loan was made. Repayment terms (2) Subject to section 292, a loan made under section 289, together with all accrued interest, if applicable, must be repaid in full, in consecutive monthly instalments, within (a) 36 months after the day on which the loan becomes payable, if the amount of the loan is not more than $1,200; (b) 48 months after the day on which the loan becomes payable, if the amount of the loan is more than $1,200 but not more than $2,400; (c) 60 months after the day on which the loan becomes payable, if the amount of the loan is more than $2,400 but not more than $3,600; (d) 72 months after the day on which the loan becomes payable, if the amount of the loan is more than $3,600 but not more than $4,800; and (e) 96 months after the day on which the loan becomes payable, if the amount of the loan is more than $4,800. SOR/2009-163, s. 12(F); SOR/2018-22, s. 2
Immigration and Refugee Protection Regulations — 292
Deferred repayment 292 (1) If repaying a loan, in accordance with the requirements of section 291, that was made to a person under section 289 would, by reason of the person’s income, assets and liabilities, cause the person financial hardship, an officer may, to the extent necessary to relieve that hardship but subject to subsection (2), defer the commencement of the repayment of the loan, defer payments on the loan, vary the amount of the payments or extend the repayment period. Maximum extension (2) A repayment period shall not be extended beyond (a) an additional 24 months, in the case of a loan referred to in paragraph 289(b); and (b) an additional six months, in the case of any other loan. SOR/2009-163, s. 13(F)
Immigration and Refugee Protection Regulations — 293
No interest on loan 293 (1) A loan made under this Part bears no interest as of the day on which this section comes into force. Unpaid loan (2) The interest on any loan that has not been repaid before that day continues to accrue until the day preceding that day. SOR/2006-116, s. 1; SOR/2018-22, s. 3
Immigration and Refugee Protection Regulations — 294
Interpretation 294 In this Part, (a) a fee payable under this Part is payable not per application but for each person in respect of whom an application is made; (b) subject to subsections 295(3), 301(2), 304(2) and 314(3), a fee payable under this Part for processing an application is payable at the time the application is made; (c) subject to subsections 295(4) and 301(3), if the requirement to pay a fee depends on a person’s age or the amount of a fee is calculated in accordance with their age, the age of the person shall be determined as of the day the application in respect of which the fee is payable is made; and (d) the fees set out in subsections 295(1) and 301(1), section 302, subsection 304(1) and section 307 shall be indexed at 09:00:00 a.m. Eastern daylight time on April 30, 2022, and every two years after that on April 30 at that same time, in accordance with the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years, rounded to the nearest five dollars. SOR/2009-163, s. 14; SOR/2013-73, s. 3; SOR/2014-19, s. 1 SOR/2020-45, s. 1
Immigration and Refugee Protection Regulations — 294.1
Fee — $7 294.1 (1) A fee of $7 is payable for processing an application for an electronic travel authorization. Exception (2) A person whose application for a work permit or study permit or for renewal of a work permit or study permit is considered, as the case may be, under subsection 12.04 (5) or (6), to constitute an application for an electronic travel authorization is not required to pay the fee referred to in subsection (1). SOR/2015-77, s. 8; SOR/2017-53, s. 10
Immigration and Refugee Protection Regulations — 295
Permanent resident visa 295 (1) The following fees are payable for processing an application for a permanent resident visa: (a) if the application is made by a person as a member of the family class (i) in respect of a principal applicant, other than a principal applicant referred to in subparagraph (ii), $475, (ii) in respect of a principal applicant who is a foreign national referred to in any of paragraphs 117(1)(b), (f), (g) or (h), is less than 22 years of age and is not a spouse or common-law partner, $75, (iii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $550, and (iv) in respect of a family member of the principal applicant who is a dependent child, $150; (b) if the application is made by a person as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class (i) in respect of a principal applicant, $1,575, (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $825, and (iii) in respect of a family member of the principal applicant who is a dependent child, $225; and (c) if the application is made by a person as a member of any other class or by a person referred to in section 71 (i) in respect of a principal applicant, $825, (ii) in respect of a family member of the principal applicant who is a spouse or common-law partner, $825, and (iii) in respect of a family member of the principal applicant who is a dependent child, $225. Exception — refugees (2) The following persons are not required to pay the fees referred to in subsection (1): (a) a person who makes an application as a member of the Convention refugees abroad class and the family members included in the member’s application; and (b) a person who makes an application as a member of a humanitarian-protected persons abroad class and the family members included in the member’s application. (2.1) [Repealed, SOR/2019-174, s. 12] (2.2) [Repealed, SOR/2016-316, s. 14] Payment by sponsor (3) A fee payable under subsection (1) in respect of a person who makes an application as a member of the family class or their family members (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application for a permanent resident visa has begun, the sponsorship application is withdrawn by the sponsor. Age (4) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed. SOR/2003-383, s. 6; SOR/2005-61, s. 7; SOR/2009-163, s. 15; SOR/2011-222, s. 7; SOR/2014-133, s. 10; SOR/2016-316, s. 14; SOR/2017-60, s. 4; SOR/2018-72, s. 7 SOR/2019-174, s. 12 SOR/2020-45, s. 2
Immigration and Refugee Protection Regulations — 296
Single or multiple entry — $100 296 (1) A fee of $100 is payable for processing an application for a temporary resident visa to enter Canada one or more times. Exception (2) The following persons are not required to pay the fee referred to in subsection (1): (a) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member, the members of the suite of such a person and the family members of such a person; (b) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act , including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members; (c) a person who is a member of the clergy, a member of a religious order or a lay person who is to assist a congregation or a group in the achievement of its spiritual goals, if the duties to be performed by the person are to consist mainly of preaching doctrine, presiding at liturgical functions or spiritual counselling, and their family members; (d) persons, other than a group of performing artists and their staff, who apply at the same time and place for a work permit or a study permit; (e) a person who is seeking to enter Canada (i) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant, (ii) for the purpose of attending a meeting as a representative of the Organization of American States or the Caribbean Development Bank, or (iii) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, at the invitation of the Government of Canada; (f) a person who is seeking to enter Canada as a competitor, coach, judge, team official, medical staff member or member of a national or international sports organizing body participating in the Pan-American Games, when held in Canada, or as a performer participating in a festival associated with any of those Games; and (g) a person who is seeking to enter Canada for a period of less than 48 hours and who is (i) travelling by transporter’s vehicle to a destination other than Canada, or (ii) transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another transporter’s vehicle. (h) [Repealed, SOR/2014-19, s. 2] Maximum fee — family (3) If an applicant and their family members make their applications referred to in subsection (1) at the same time, the total amount of fees payable under that subsection must not exceed $500 for all applications together. SOR/2005-63, s. 1; SOR/2010-121, s. 1; SOR/2014-19, s. 2 SOR/2019-174, s. 13 SOR/2026-13, s. 3