Legal references

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Acts and Regulations

The User Fee Act came into effect on March 31, 2004, with the aim of strengthening the elements of accountability oversight and transparency in the management of user fee activities.

Authority to charge prescribed fees is based on the Financial Administration Act, paragraphs 19(1)(a) and 19.1(a), and A89.

Paragraphs 19(1)(a) and 19.1(a) of the Financial Administration Act (FAA) and A89 of the Immigration and Refugee Protection Act (IRPA) provide the authority for the government to charge prescribed fees for applications for services and rights under IRPA.

Paragraph 243 of the Immigration and Refugee Protection Regulations (IRPR) sets out the amount of the removal costs to be repaid by a foreign national who has been removed from Canada at Her Majesty’s expense.

Paragraphs 294 and 315 of the IRPR set out the amounts for each fee and the appropriate exemptions.

Section 20 and 34 of the FAA sets out the requirement to certify that in the case of a refund, the payee is entitled to the repayment. Unless specifically identified, it is assumed that the payee is the applicant.

Remission of fees is based on the Financial Administration Act, paragraph 23(2.1)

Fee regulations are found in Part 19 of the IRPR, sections 294 to 315.1 inclusively. Transitional fee regulations are found in R357 to R360 inclusive.

Instruments and delegations

Fees, loans and debt collection

Delegations are specifically created for the following sections of the fee regulations (as per IL 3 Designation of Officers and Delegation of Authority):

Item 67

Line 245
R303(4): Delegated authority - Remit fees paid for the acquisition of a permanent resident status where such status is not acquired.

Item 67

Line 246
R357: Delegated authority - Repay the right of landing fee(s) to the person who made payment where the prescribed conditions are met.
Line 247
R359: Delegated authority - Repay the returning resident permit fee(s) to the person who made payment where the prescribed conditions are met.
Line 248
R360: Delegated authority - Repay the fee paid with regard to a family business application to the person who made payment where the prescribed conditions are met.

Article A6 : IRPA

Authorizes the Minister to designate officers to carry out specific duties, exercise certain powers and delegate authorities. It also identifies ministerial authorities that may not be delegated, specifically those relating to security certificates or national interest.

Article A6(2) : IRPA

  • The Minister of Citizenship and Immigration, has designated and delegated powers to the officials authorized to carry out any of the provisions (legislative or regulatory) in instrument IL 3 - Delegation and Designation.
  • Delegations for bonds, fees, loans and debt collection are found in the Financial Policy Manual (available internally only).
  • Delegations for Section FAA 20 when an authorization for refunds is required can be found in Delegation of Financial Authority - Business Rules. Immigration program managers (IPMs) and Deputy Immigration program managers (DIPMs) are delegated as they oversee Cost recovery processes. They may in turn temporarily delegate an acting IPM or DIPM in their absence. Note that, as of January 1, 2007, all persons exercising financial authorities must have successfully completed their validation of knowledge or attended the required training in order to be delegated financial signing authorities.

Fee Regulations Summary in Immigration and Refugee Protection Regulations

Regulation Number: 243
Payment of Removal Costs
Regulation Number: 294
Fees are payable per person and not per application, and they are payable at the time of application. If age is a factor, it is determined at the time of application.
Regulation Number: 295
Permanent Resident Visa
Regulation Number: 296
Temporary Resident Visa - Single Entry
Regulation Number: 297
Temporary Resident Visa - Multiple Entry
Regulation Number: 298
Temporary Resident Permit
Regulation Number: 299
Work Permits
Regulation Number: 300
Study Permits
Regulation Number: 301
Application to Remain in Canada as a Permanent Resident
Regulation Number: 302
Application to Remain in Canada by a member of the Permit Holder Class
Regulation Number: 303
Right of Permanent Residence Fee
Regulation Number: 303.1
Employer compliance fee
Regulation Number: 303.2
Employer compliance maximum fee
Regulation Number: 303.3
Open work permit holder fee
Regulation Number: 304
Sponsorship Application for Family Classes
Regulation Number: 305
Extension of Authorization to Remain in Canada as Temporary Resident
Regulation Number: 306
Restoration of Temporary Resident Status
Regulation Number: 307
Application Under Section 25 of the Act (H&C)
Regulation Number: 308
Permanent Residence Cards
Regulation Number: 309
Determination of Rehabilitation
Regulation Number: 310
Authorization to Return to Canada
Regulation Number: 311
Certification and Replacement of an Immigration Document
Regulation Number: 312
After-Hours Examination
Regulation Number: 313
Alternative Means of Examination
Regulation Number: 314
Immigration Statistical Data
Regulation Number: 315
Travel Document
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