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