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

Services in Relation to Collection of Biometric Information

Marginal note:Fee — $85

• 315.1 (1) A fee of $85 is payable for the provision of services in relation to the collection of biometric information under section 10.01 of the Act.

• Marginal note:Exemptions

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

  • (a) with respect to an application referred to in paragraph 12.1(a), a person who applied for refugee protection outside Canada and their family members;

  • (b) with respect to a request referred to in paragraph 12.1(f),

    • (i) a person referred to in paragraph 12.2(1)(h), if the 48-hour period has elapsed and the person ceases to be exempt under that paragraph, and

    • (ii) 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;

  • (c) with respect to an application referred to in paragraph 12.1(j), protected persons, within the meaning of subsection 95(2) of the Act, who are in Canada;

  • (d) with respect to an application or request referred to in paragraphs 12.1(d) to (i),

    • (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 person who is a family member of a person referred to in subparagraph (i),

    • (iii) a person who seeks to enter Canada in the course of official duties as a member of the suite of a person referred to in subparagraph (i),

    • (iv) a member of a visiting force as defined in section 2 of the Visiting Forces Act and their family members,

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

    • (vi) a foreign national who belongs to the category of protected temporary residents and any family member included by that foreign national in the application or request,

    • (vii) a person who makes a claim for refugee protection in Canada,

    • (viii) a person referred to in section 12.9 who provides their biometric information under section 10.01 of the Act, before the end of the 10-year period referred to in paragraph 12.7(1)(b), and

    • (ix) 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 spiritual counselling, preaching doctrine or presiding at liturgical functions, and their family members;

  • (e) with respect to an application or request referred to in paragraphs 12.1(d) to (g),

    • (i) a person who is seeking to enter Canada for a period of less than 48 hours and who is

      • (A) travelling by transporter’s vehicle to a destination other than Canada, or

      • (B) transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter, or

    • (ii) a foreign national who is transiting through Canada as a passenger on a flight that, owing to an emergency or other unforeseen circumstances, makes an unscheduled stop in Canada;

  • (f) with respect to an application or request referred to in paragraphs 12.1(d) to (h),

    • (i) a person seeking to enter Canada

      • (A) 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,

      • (B) for the purpose of attending a meeting as a representative of the Organization of American States or the Caribbean Development Bank, or

      • (C) 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,

    • (ii) a person 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,

    • (iii) a person seeking to work in Canada if the work is designated by the Minister under subparagraph 205(c)(i),

    • (iv) a person seeking to work in Canada for a religious or charitable organization, without remuneration, or

    • (v) a person seeking to work 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;

  • (g) with respect to an application or request referred to in paragraphs 12.1(d) to (g) and (i), a person seeking to study in Canada under an agreement or arrangement entered into with a country by Canada that provides for reciprocal opportunities with respect to student exchange programs;

  • (h) with respect to an application referred to in paragraph 12.1(h), a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

  • (i) with respect to an application referred to in paragraphs 12.1(h) and (i),

    • (i) the family members of a person in Canada whose claim for refugee protection has not yet been determined by the Refugee Protection Division,

    • (ii) the family members of a person in Canada who has been granted refugee protection, or

    • (iii) the family members of a person who is a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class; and

  • (j) with respect to an application referred to in paragraph 12.1(m), the person referred to in that paragraph.

• Marginal note:Maximum fee

  (3) The total amount of fees payable under subsection (1) is

  • (a) if an applicant and their family members make their applications or requests referred to in any of paragraphs 12.1(a),(b) and (d) to (i) at the same time, $170 for all applications and requests together; and

  • (b) if three or more persons who are part of the same group of performing artists or that group’s staff make their applications for a work permit at the same time, $255 for all applications together.

Services in Relation to an Assessment from the Department of Employment and Social Development

Marginal note:Fee — $1,000

• 315.2 (1) A fee of $1,000 is payable for the provision of services in relation to an assessment from the Department of Employment and Social Development that is requested by an employer or group of employers under subsection 203(2) for each offer of employment in respect of which the request is made.

• Marginal note:Payment

  (2) The fee must be paid at the time the request is made.

• Marginal note:Exceptions — agricultural work

  (3) No fee is payable if the request is made in respect of an offer of employment that relates to

  • (a) work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or

  • (b) any other work in the primary agriculture sector.

• Marginal note:Primary agriculture sector

  (4) For the purposes of paragraph (3)(b), work in the primary agriculture sector means, subject to subsection (5), work that is performed within the boundaries of a farm, nursery or greenhouse and involves

  • (a) the operation of agricultural machinery;

  • (b) the boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining animal products for market, or activities relating to the collection, handling and assessment of those products; or

  • (c) the planting, care, harvesting or preparation of crops, trees, sod or other plants for market.

• Marginal note:Exclusions

  (5) Work in the primary agriculture sector does not include work involving

  • (a) the activities of agronomists or agricultural economists;

  • (b) landscape architecture;

  • (c) [Repealed, SOR/2014-169, s. 1]

  • (d) the preparation of vegetable fibres for textile use;

  • (e) activities related to commercial hunting and trapping; or

  • (f) veterinary activities.

• Marginal note:Exception — care for medical needs

  (6) No fee is payable if

  • (a) the request is made in respect of an offer of employment that relates to work performed in a private household providing care to a person who is incapable of caring for themselves without assistance due to a physical or mental condition and who has a medical certificate from a medical practitioner entitled to practice medicine under the laws of a province, attesting to their incapacity; and

  • (b) the employer is the person receiving care or is

    • (i) that person’s spouse or common-law partner,

    • (ii) that person’s relative,

    • (iii) the child or grandchild of that person’s spouse or common-law partner,

    • (iv) any person legally authorized to act on behalf of that person such as a guardian, a tutor, a curator or a person acting under a power of attorney or protective mandate, or

    • (v) any person living with that person.

• Marginal note:Exception — care for children

  (7) No fee is payable if the request is made in respect of an offer of employment that relates to work performed in a private household providing care to children under 13 years of age, by an employer who meets the following conditions:

  • (a) the employer lives with the child; and

  • (b) the total annual gross income of the employer and, if applicable, of their spouse or common-law partner, living in the same private household does not exceed $150,000 for the taxation year ending before the date of the request.