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Enabling statute: Immigration and Refugee Protection Act
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Source: http://laws.justice.gc.ca/en/I-2.5/SOR-2002-227/240059.html
Regulation current to September 15, 2006

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PART 19

FEES

Division 1

General

Interpretation

294. In this Part,

(a) a fee payable under this Part is payable per person, and not per application, and accordingly is payable in respect of each person by or on behalf of whom an application is made, up to the maximum fees prescribed by subsections 296(3), 297(2) and 299(3);

(b) subject to subsections 295(3), 301(2) and 304(2), a fee payable under this Part for processing an application is payable at the time the application is made; and

(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.

Division 2

Fees for Applications for Visas and Permits

Permanent Resident Visas

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) or (f) to (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 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

(iv) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150;

(b) if the application is made by a person as a member of the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class

(i) in respect of a principal applicant, $1,050,

(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150; 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, $550,

(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

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 one of the humanitarian-protected persons abroad classes and the family members included in the member's application.

Exception — transitional skilled worker class

(2.1) The following persons are not required to pay the fees referred to in subsection (1):

(a) a person described in paragraph 85.1(2)(a) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2); and

(b) a person described in paragraph 85.1(2)(b) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2), if the fees for processing their withdrawn application have not been refunded.

Exception — transitional federal business classes

(2.2) The following persons are not required to pay the fees referred to in subsection (1):

(a) a person described in paragraph 109.1(2)(a) who makes an application as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 109.1(2); and

(b) a person described in paragraph 109.1(2)(b) who makes an application as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 109.1(2), if the fees for processing their withdrawn application have not been refunded.

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 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.

Temporary Resident Visas

Single entry — $75

296. (1) A fee of $75 is payable for processing an application for a temporary resident visa to enter Canada once.

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 for the purpose of attending a meeting

(i) hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant, or

(ii) as a representative of the Organization of American States or the Caribbean Development Bank;

(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;

(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; and

(h) 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 XI FINA (Fédération internationale de natation) World Championships to be held in Montreal, Quebec, during the period beginning on July 17, 2005 and ending on July 31, 2005.

Maximum fee

(3) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $400.

SOR/2005-63, s. 1.

Multiple entry — $150

297. (1) A fee of $150 is payable for processing an application for a temporary resident visa to enter Canada more than once.

Exception

(1.1) The persons referred to in any of paragraphs 296(2)(a) to (e) or (g) are not required to pay the fee referred to in subsection (1).

Maximum fee

(2) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $400.

SOR/2004-167, s. 70.

Temporary Resident Permits

Fee — $200

298. (1) A fee of $200 is payable for processing an application for a temporary resident permit.

Exception

(2) The following persons are not required to pay the fee referred to in subsection (1):

(a) a person referred to in subsection 295(2) or any of paragraphs 296(2)(c) or (d), 299(2)(a), (b) or (d) to (k) or 300(2)(d) to (i);

(b) a person in respect of whom an application for a permanent resident visa, an application to remain in Canada as a permanent resident or an application for authorization under subsection 25(1) of the Act is pending;

(c) a citizen of Costa Rica seeking to enter and remain in Canada during the period beginning on May 11, 2004 and ending on May 12, 2004, if the person does not hold a temporary resident visa but is not otherwise inadmissible.

(d) a person referred to in paragraph 296(2)(e) in respect of whom an order has been made under subsection 5(1) of the Foreign Missions and International Organizations Act; and

(e) a person who, while they are in transit to Canada, ceases to be exempt under paragraph 190(1)(a) from the requirement for a temporary resident visa, if, during the first 48 hours after they cease to be exempt from that requirement, they seek to enter and remain in Canada and are inadmissible to Canada for the sole reason that they do not have a temporary resident visa.

SOR/2003-197, s. 3; SOR/2004-111, s. 2; SOR/2004-167, s. 71.

Work Permits

Fee — $150

299. (1) A fee of $150 is payable for processing an application for a work permit.

Exception

(2) The following persons are not required to pay the fee referred to in subsection (1):

(a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

(b) a person in Canada on whom refugee protection has been conferred, and their family members;

(c) a person who is a member of the Convention refugees abroad class or a member of one of the humanitarian-protected persons abroad classes, and their family members;

(d) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

(e) a person whose work in Canada is designated under subparagraph 205(c)(i);

(f) a person who works in Canada for a Canadian religious or charitable organization, without remuneration;

(g) a person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of

(i) 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,

(ii) 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, or

(iii) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

(h) a person who works in Canada under an agreement entered into with a country by Canada or by or on behalf of a province, that provides for reciprocal employment opportunities of an artistic, cultural or educational nature;

(i) a person whose work in Canada is pursuant to an international student or young workers reciprocal employment program;

(j) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and

(k) a United States Government official in possession of an official United States Government passport who is assigned to a temporary posting in Canada, and their family members.

Maximum fee

(3) The total amount of fees payable under subsection (1) by a group of three or more persons, consisting of performing artists and their staff, who apply at the same time and place for a work permit is $450.

Study Permits

Fee — $125

300. (1) A fee of $125 is payable for processing an application for a study permit.

Exception

(2) The following persons are not required to pay the fee referred to in subsection (1):

(a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

(b) a person in Canada on whom refugee protection has been conferred, and their family members;

(c) a person who is a member of the Convention refugees abroad class or one of the humanitarian-protected persons abroad classes, and their family members;

(d) 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;

(e) 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;

(f) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

(g) a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs;

(h) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and

(i) a United States Government official in possession of an official United States Government passport who is assigned to a temporary posting in Canada, and their family members.

Division 3

Fees for Applications to Remain in Canada as a Permanent Resident

Fee

301. (1) The following fees are payable for processing an application to remain in Canada as a permanent resident:

(a) if the application is made by a person as a member of the spouse or common-law partner in Canada class

(i) in respect of a principal applicant, $475,

(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150; and

(b) if the application is made by a person as a member of the live-in caregiver class or as a protected person under subsection 175(1)

(i) in respect of a principal applicant, $550,

(ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

(iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

Exception

(1.1) A person who is a member of the protected temporary residents class and the family members included in their application are not required to pay the fees referred to in subsection (1).

Payment by sponsor

(2) The fee payable under subsection (1) in respect of a person who makes an application as a member of the spouse or common-law partner in Canada 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 if, before the processing of the application to remain in Canada as a permanent resident has begun, the sponsorship application is withdrawn by the sponsor.

Age

(3) 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/2004-167, s. 72.

Fee — $325

302. A fee of $325 is payable for processing an application by a person as a member of the permit holder class to remain in Canada as a permanent resident.

SOR/2004-167, s. 73(E).

Division 4

Right of Permanent Residence

Fee — $490

303. (1) A fee of $490 is payable by a person for the acquisition of permanent resident status.

Exception

(2) The following persons are not required to pay the fee referred to in subsection (1):

(a) a person who is a family member of a principal applicant and is a dependent child referred to in paragraph (b) or (c) of the definition “family member” in subsection 1(3);

(b) a principal applicant who is a foreign national referred to in paragraph 117(1)(b), (f) or (g);

(b.1) a principal applicant in Canada who has made an application in accordance with section 66 and is a dependent child of a permanent resident or of a Canadian citizen;

(b.2) a member of the permit holder class who is a dependent child of

(i) a member of the permit holder class who has made an application to remain in Canada as a permanent resident, or

(ii) a permanent resident or a Canadian citizen;

(c) a protected person within the meaning of subsection 95(2) of the Act who has applied to remain in Canada as a permanent resident, and their family members;

(c.1) a person who is a member of the protected temporary residents class and is described in paragraph 151.1(2)(b) and the family members included in their application;

(d) a person who is a member of the Convention refugees abroad class, and the family members included in their application; and

(e) a person who is a member of one of the humanitarian-protected persons abroad classes, and the family members included in their application.

Payment

(3) The fee referred to in subsection (1) is payable

(a) in the case of an application by or on behalf of a person for a permanent resident visa, before the visa is issued; and

(b) in the case of an application by or on behalf of a foreign national to remain in Canada as a permanent resident, before the foreign national becomes a permanent resident.

Remission

(4) The fee referred to in subsection (1) is remitted if the person does not acquire permanent resident status, in which case the fee shall be repaid by the Minister to the person who paid it.

Transitional — subsection (4)

(5) For the purpose of subsection (4), if the fee was paid before the day on which this subsection comes into force, the amount to be remitted and repaid — except to the extent otherwise remitted — is $975.

Transitional — remission

(6) Despite subsections (4) and (5), in the case where the fee of $975 was paid in accordance with paragraph (3)(a), a portion of that fee in the amount of $485 is remitted and shall be repaid — except to the extent otherwise remitted — by the Minister to the person who paid the fee if

(a) the person in respect of whom the fee was paid has, on or before the day on which this subsection comes into force, not yet acquired permanent resident status and they are a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h); or

(b) the person in respect of whom the fee was paid acquires permanent resident status on or after the day on which this subsection comes into force and they are not a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h).

SOR/2004-167, s. 74; SOR/2005-61, s. 8; SOR/2006-89, s. 1.

Division 5

Fees for Other Applications and Services

Sponsorship Application for Family Classes

Fee — $75

304. (1) A fee of $75 is payable for processing a sponsorship application under Part 7.

Payment

(2) The fee referred to in subsection (1) is payable at the time the application is filed.

Extension of Authorization to Remain in Canada as a Temporary Resident

Fee — $75

305. (1) A fee of $75 is payable for processing an application under subsection 181(1).

Exception

(2) The following persons are not required to pay the fee referred to in subsection (1):

(a) a person who makes an application for a work permit or a study permit at the same time as they make the application referred to in subsection (1);

(b) a person who has made a claim for refugee protection that has not yet been determined by the Refugee Protection Division;

(c) a person on whom refugee protection has been conferred;

(d) a person who has been determined to be a member of the Convention refugees abroad class or one of the humanitarian-protected persons abroad classes;

(e) 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;

(f) 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;

(g) 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;

(h) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency; and

(i) a family member of any of the following persons, namely,

(i) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a),

(ii) a person whose work is designated under subparagraph 205(c)(i),

(iii) a person whose work in Canada is for a Canadian religious or charitable organization, without remuneration,

(iv) a person whose presence in Canada is as a participant in a program sponsored by the Canadian International Development Agency, or

(v) a person whose presence in Canada is as a recipient of a Government of Canada scholarship or fellowship.

Restoration of Temporary Resident Status

Fee — $200

306. (1) A fee of $200 is payable for processing an application under section 182.

Exception

(2) A person who holds an unexpired temporary resident permit is not required to pay the fee referred to in subsection (1).

Application under Section 25 of the Act

Fees

307. The following fees are payable for processing an application made in accordance with section 66 if no fees are payable in respect of the same applicant for processing an application to remain in Canada as a permanent resident or an application for a permanent resident visa:

(a) in the case of a principal applicant, $550;

(b) in the case of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550; and

(c) in the case of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

Permanent Resident Cards

Fee — $50

308. (1) A fee of $50 is payable for processing an application made under paragraph 53(1)(b) for a permanent resident card.

Renewal or replacement fee

(2) A fee of $50 is payable for processing an application for the renewal of a permanent resident card or for the replacement of a lost, stolen or destroyed permanent resident card.

Replacement due to error

(3) No fee is payable for the replacement of a permanent resident card containing an error that is not attributable to the permanent resident.

Determination of Rehabilitation

Fees

309. The following fees are payable for processing an application for a determination of rehabilitation under paragraph 36(3)(c) of the Act:

(a) in the case of a foreign national inadmissible on grounds of serious criminality under paragraph 36(1)(b) or (c) of the Act, $1,000; and

(b) in the case of a foreign national inadmissible on grounds of criminality under paragraph 36(2)(b) or (c) of the Act, $200.

Authorization to Return to Canada

Fee — $400

310. A fee of $400 is payable for processing an application for authorization to return to Canada under subsection 52(1) of the Act.

Certification and Replacement of Immigration Document

Certification — $30

311. (1) A fee of $30 is payable for processing an application for the certification of an immigration document, other than a permanent resident card, confirming the date on which a person became a permanent resident.

Replacement — $30

(2) A fee of $30 is payable for processing an application to replace any immigration document, other than a permanent resident card, that is issued by the Department.

Exception

(3) The following persons are not required to pay the fee referred to in subsection (1):

(a) a federal, provincial or municipal government agency;

(b) a person in receipt of provincial social assistance payments; and

(c) a person in receipt of assistance under the Resettlement Assistance Program.

After-hours Examination

Fee — $100

312. (1) The following fees are payable for an examination for the purpose of entering Canada that is made outside the applicable service hours of the port of entry where the officer who conducts the examination is based:

(a) a fee of $100 for the first four hours of examination; and

(b) a fee of $30 for each additional hour or part of an hour of examination.

Payment

(2) The fees are payable at the time of the examination

(a) if the transporter's vehicle carrying the person to be examined arrives unscheduled at a port of entry outside service hours, by the transporter; and

(b) in any other case, by the person who requests that the examination take place outside service hours.

Alternative Means of Examination

Fee — $30

313. (1) A fee of $30 is payable for processing an application to enroll in a program for an alternative means of examination that is administered solely by the Minister.

Payment

(2) The fee is payable in respect of each person to be examined by an alternative means referred to in subsection (1).

Immigration Statistical Data

Fee for statistical data

314. (1) The following fees are payable for processing an application for immigration statistical data that have not been published by the Department:

(a) $100 for the first 10 minutes or less of access to the Department's database in order to respond to such an application; and

(b) $30 for each additional minute or less of such access.

Exception

(2) The following persons are not required to pay the fees referred to in subsection (1):

(a) an employee of the Department; and

(b) an employee of the Data Development Division of the Department of Human Resources Development.

Travel document

315. A fee of $50 is payable for processing an application for a travel document issued under subsection 31(3) of the Act.


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