Vol. 151, No. 14 — July 12, 2017

Registration

SI/2017-35 July 12, 2017

FINANCIAL ADMINISTRATION ACT

Remission Order in Respect of Fees Paid by Certain Foreign Nationals for the Processing of Applications for Temporary Resident Permits, Work Permits and Restorations of Temporary Resident Status

P.C. 2017-797 June 20, 2017

His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), makes the annexed Remission Order in Respect of Fees Paid by Certain Foreign Nationals for the Processing of Applications for Temporary Resident Permits, Work Permits and Restorations of Temporary Resident Status.

Remission Order in Respect of Fees Paid by Certain Foreign Nationals for the Processing of Applications for Temporary Resident Permits, Work Permits and Restorations of Temporary Resident Status

Remission

1 Remission is granted to any foreign national who meets the conditions set out in section 2 of the fees paid under subsection 298(1), 299(1) or 306(1) of the Immigration and Refugee Protection Regulations for the processing of an application for, respectively,

Conditions

2 The conditions are that

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Governor in Council, on the recommendation of the Treasury Board, has made this Remission Order, under subsection 23(2.1) of the Financial Administration Act, in respect of fees paid by certain foreign nationals for the processing of applications for temporary resident permits, work permits and restorations of temporary resident status.

Objective

The purpose of the Remission Order is to remit the fees paid by certain applicants who were denied a post-graduation work permit between September 1, 2014, and March 15, 2016, and who subsequently applied for a temporary resident permit, and in some cases, a work permit and/or restoration of status in conjunction with the application for a temporary resident permit, and whose applications were refused on or before September 27, 2016, the establishment of the Public Policy concerning individuals refused Post-Graduation Work Permit access between September 1, 2014 to March 15, 2016 (the Policy).

Following the Federal Court decision in Appidy v. Canada (Citizenship and Immigration), some temporary resident permit applicants, and applicants who made an application for a work permit and/or restoration of status in conjunction with the application for a temporary resident permit, had their applications put on hold by Immigration, Refugees and Citizenship Canada (the Department) pending further review and the establishment of the Policy. These applicants are able to receive a refund of their fees paid under subsection 20(2) of the Financial Administration Act and the Repayment of Receipts Regulations, by withdrawing their applications, and to apply for a fee-exempt open work permit under the Policy. However, while the individuals whose applications were processed and refused on or prior to September 27, 2016, were also able to apply for a fee-exempt open work permit in accordance with the Policy, they are unable to obtain a refund of the fees paid for their temporary resident permit applications, and work permit and/or restoration of status applications made in conjunction with the application for a temporary resident permit, without a Remission Order. The Remission Order will ensure that all temporary resident permit applicants who meet the conditions of the Policy receive the same treatment regarding fee repayments.

The following paid fees (per application) will be remitted through the Remission Order:

Temporary resident permit fee
[subsection 298(1) of the Immigration and Refugee Protection Regulations (IRPR)]

$200

Work permit application fee
[subsection 299(1) of the IRPR]

$155

Restoration of temporary status fee [subsection 306(1) of the IRPR]

$200

Background

Post-Graduation Work Permit Program

The Post-Graduation Work Permit Program allows eligible international student graduates from Canadian designated learning institutions to obtain an open work permit between eight months and three years in length, depending on the duration of the program of study.

Appidy v. Canada (Citizenship and Immigration)

In December 2015, the Federal Court in Appidy v. Canada (Citizenship and Immigration) granted the judicial review of an applicant whose post-graduation work permit was refused because five of the six courses he completed at Niagara College were designated “distance learning.” The Federal Court ruled that, based on the existing program guidelines, the entirety of the applicant’s Canadian post-secondary studies, including in-class transfer credits from a different institution that contributed to the program requirements at Niagara College, ought to have been considered when the Department assessed the post-graduation work permit application.

As a result of that decision, some individuals who were similarly denied post-graduation work permits for distance learning sought legal counsel who engaged the Department in discussion. Some affected individuals also subsequently made applications for a temporary resident permit, and in some cases made an application for a work permit and/or restoration of status in conjunction with the application for a temporary resident permit.

Twenty-three applicants were denied their temporary resident permits, work permits, and/or restoration of status applications before the Department decided to hold the applications pending further review and the establishment of the public policy.

The Policy

On September 27, 2016, the Minister of Immigration, Refugees and Citizenship established the Policy to facilitate the issuance of open work permits and the restoration of temporary resident status, and to waive related fees, for former international students who were denied post-graduation work permits between September 1, 2014, and March 15, 2016, because they completed the majority of their coursework by distance learning in their final program of study and the entirety of their program of study, including transfer credits, was not considered when the determination was made that the majority of their coursework was by distance learning. The establishment of this public policy was in response to the Federal Court ruling in Appidy v. Canada.

Individuals eligible to apply under the Policy whose temporary resident permit applications, and in some cases work permit and/or restoration of status applications made in conjunction with the temporary resident permit application, are on hold by the Department are able to withdraw their application(s) in order to be refunded the fees paid under subsection 20(2) of the Financial Administration Act and the Repayment of Receipts Regulations. These individuals are able to apply for a fee-exempt open work permit under the Policy.

However, the 23 individuals who meet the conditions of the Policy who had already submitted temporary resident permit applications, and in some cases applications for a work permit and/or restoration of status in conjunction with their temporary resident permit application, that had been processed and refused on or prior to the establishment of the Policy are unable to obtain a refund without a remission order. When the Policy was established, it was intended that a remission order for these individuals would be forwarded under a separate cover. In the meantime, these individuals were also eligible to apply for a fee-exempt open work permit under the Policy.

Implications

General

The Policy assists some of those who were denied a post-graduation work permit in obtaining a fee-exempt open work permit, which is considered equivalent to the post-graduation work permit. However, it does not address the fees paid by those who, when denied the post-graduation work permit, subsequently made an application for a temporary resident permit, and in some cases, made an application for a work permit and/or restoration of status in conjunction with the application for a temporary resident permit.

The Remission Order will remit the fees paid under subsection 298(1) of the Immigration and Refugee Protection Regulations for temporary resident permit application fees, and the fees under subsections 299(1) and 306(1) of the Immigration and Refugee Protection Regulations for any open work permit application fee or restoration of status fee.

In order to be eligible for the remittance of fees, individuals must meet the conditions of the Policy, must have submitted their temporary resident permit application, a work permit and/or restoration of status application in conjunction with the application for a temporary resident permit, on or before September 27, 2016, and must have been denied.

Financial implications

Type of Application

Fee

Number (see footnote c) of applicants who paid the fee

Total estimated foregone revenue

Temporary resident permit

$200

4 (see footnote d)

$800

Work permit

$155

19

$2,945

Restoration of temporary status

$200

6

$1,200

TOTAL

$4,945

Accountability

The Department will report on the foregone revenue associated with this Remission Order. All remissions will be reported in the Public Accounts as required by subsection 24(2) of the Financial Administration Act.

Departmental contact

Robert Judge
Director
Temporary Resident Policy