Remission Order in Respect of Certain Fees for the Issuance of Identity and Travel Documents (Russian Invasion of Ukraine): SI/2024-20
Canada Gazette, Part II, Volume 158, Number 10
Registration
SI/2024-20 May 8, 2024
FINANCIAL ADMINISTRATION ACT
P.C. 2024-390 April 19, 2024
Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, makes the annexed Remission Order in Respect of Certain Fees for the Issuance of Identity and Travel Documents (Russian Invasion of Ukraine) under subsection 23(2.1)footnote a of the Financial Administration Actfootnote b.
Remission Order in Respect of Certain Fees for the Issuance of Identity and Travel Documents (Russian Invasion of Ukraine)
Definition of document
1 In this Order, document means any of the following:
- (a) a passport, as defined in section 2 of the Canadian Passport Order;
- (b) a certificate of citizenship, as defined in subsection 2(1) of the Citizenship Act;
- (c) a travel document issued to a permanent resident under subsection 31(3) of the Immigration and Refugee Protection Act;
- (d) an emergency travel document.
Remission
2 Remission is granted to any person who meets the conditions set out in section 3 of the fees paid or payable under
- (a) paragraphs 7(c), 9(a) and (b) and items 10 and 14 of the schedule to the Passport and Other Travel Document Services Fees Regulations;
- (b) section 4 of the Consular Services Fees Regulations;
- (c) item 6 of the schedule to the Citizenship Regulations;
- (d) section 315 of the Immigration and Refugee Protection Regulations; or
- (e) subsections 296(1), 298(1), 299(1), 300(1), 303.2(1), 305(1) and 315.1(1) of the Immigration and Refugee Protection Regulations.
Conditions
3 (1) Remission of the fees set out in paragraphs 2(a) to (d) is granted on the condition that
- (a) the person is a Canadian citizen or a permanent resident who was in Ukraine or in another country and was required to travel on an urgent basis as a result of the Russian invasion of Ukraine, and, in the case of a remission of fees under paragraph 2(d), the person was travelling to Canada;
- (b) during the period beginning on February 22, 2022 and ending on March 31, 2023, that person, or a person acting on their behalf, submitted an application for the issuance of a document either electronically or in person at the Canadian mission in
- (i) Warsaw, Poland,
- (ii) Bucharest, Romania,
- (iii) Budapest, Hungary, or
- (iv) Vienna, Austria; and
- (c) the fees in question have not been remitted under section 11 of the Passport and Other Travel Document Services Fees Regulations.
Ukrainian nationals
(2) Remission of the fees set out in paragraph 2(e) is granted on the condition that the application for a document was submitted by a Ukrainian national to the Minister of Citizenship and Immigration during the period beginning on February 22, 2022 and ending on March 14, 2022.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
The Governor in Council, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, considering that it is in the public interest to do so, has made the Remission Order in Respect of Certain Fees for the Issuance of Identity and Travel Documents (Russian Invasion of Ukraine) [the Remission Order] pursuant to subsection 23(2.1) of the Financial Administration Act (FAA).
Objective
In accordance with the Government of Canada’s wider response to Russia’s invasion of Ukraine, the purpose of the Remission Order is to
- remit fees payable for Canadian travel documents, permanent resident travel documents, and certificates of Canadian citizenship under the responsibility of the Minister of Citizenship and Immigration, as well as consular services fees for adult travel documents under the responsibility of the Minister of Foreign Affairs, for applications received between February 22, 2022, and March 31, 2023;
- reimburse fees for temporary resident visas, work and study permits, and all associated biometrics fees paid by Ukrainian nationals and their immediate family members applying under the Canada-Ukraine Authorization for Emergency Travel (CUAET) between February 22, 2022, and March 14, 2022; and
- reimburse overpayment amounts for temporary resident visas, work and study permits, and all associated biometrics fees paid by Ukrainian nationals and their immediate family members.
The first objective is consistent with the Government of Canada’s approach to other recent crises for which various fees were remitted for replacement documents issued to Canadian citizens, permanent residents, and protected persons whose documents had been lost, damaged, destroyed, or rendered inaccessible. The second objective aligns with the Government’s approach to offering protection and support to foreign nationals affected by conflicts abroad through special immigration measures, as previously implemented in response to the conflict in Afghanistan.
Background
Since the Russian invasion of Ukraine began on February 22, 2022, the Government of Canada has put in place extensive measures to help Ukrainians in and outside of Canada, as well as Canadians and permanent residents who are in Ukraine.
On February 24, 2022, the Prime Minister announced immediate special measures to support Ukrainians and their family members, and to make it easier for Canadian citizens, permanent residents, and their accompanying immediate family members to return to Canada. Measures announced by the Prime Minister included the waiving of fees for travel-related services — such as for regular and temporary Canadian passports, emergency travel documents, permanent resident travel documents, and certificates of Canadian citizenship — and for immigration services, such as visitor visas and work and study permits.
In accordance with the Prime Minister’s announcement, Immigration, Refugees and Citizenship Canada (IRCC) did not collect fees related to applications for proof of citizenship for Canadians in Ukraine, or for those temporarily in a third country or already in Canada, and for travel document services to Canadians and permanent residents seeking to leave Ukraine. The Minister of Citizenship and Immigration signed a public policy on March 14, 2022, that included waiving certain immigration processing and biometrics fees for Ukrainian nationals and their immediate family members for a temporary period and providing those already in Canada with the option to extend their visitor status, work permit, or study permit for free. These special measures were in place from February 22, 2022, until March 31, 2023. Many clients had applied for services following the Prime Minister’s February 2022 announcement and paid fees that were subsequently waived by the public policy.
The Minister of Citizenship and Immigration does not have the legal authority to direct that fees for Canadians and permanent residents not be collected in emergency or crisis situations; a remission order is required both to extinguish the debt for fees waived for travel services; and to reimburse clients who paid fees for immigration services between February 22, 2022, when the special measures took effect, and March 14, 2022, when the public policy was signed.
Implications
Financial implications
Fee remittance is applicable to individuals in Ukraine who applied for a Canadian travel document, permanent resident travel document, or certificate of Canadian citizenship between February 22, 2022, and March 31, 2023. Remittance is also applicable to Ukraine nationals and their immediate family members who applied and paid the relevant fees for temporary resident visas, temporary residence permits, extension of temporary resident status, work or study permits, and associated biometric collection services between February 22, 2022, and March 14, 2022, before the public policy was signed. Applications already in process prior to February 22, 2022, are not considered eligible for remittance under this Remission Order.
The total cost of foregone revenues from the Remission Order is $1,086,485, including $675 for the consular services fee.
| Service provided | Foregone revenues | ||
|---|---|---|---|
| Fee waived | Volume | Total | |
| Emergency travel document — adult | $50 | 0 | $0 |
| Emergency travel document — child | $30 | 1 | $30 |
| Temporary passport | $110 | 89 | $9,790 |
| Proof of citizenship | $75 | 114 | $8,550 |
| Permanent resident travel document | $50 | 115 | $5,750 |
| Consular services | $25 | 27 | $675 |
| TOTAL | $24,795 | ||
| Service provided | Reimbursements | ||
|---|---|---|---|
| Fee waived | Volume | Total | |
| Biometric | $85 | 2 518 | $214,030 |
| Biometric —maximum fee for family | $170 | 725 | $123,250 |
| Extension of authorization to stay in Canada as a visitor | $100 | 6 173 | $617,300 |
| Open work permit holder | $100 | 140 | $14,000 |
| Document replacement / verification of status | $30 | 4 | $120 |
| Restoration of temporary resident status | $200 | 9 | $1,800 |
| Study permit | $150 | 136 | $20,400 |
| Temporary resident visa — maximum fee for family | $500 | 61 | $30,500 |
| Work permit | $155 | 256 | $39,680 |
| TOTAL | $1,061,080 | ||
| Service provided | Reimbursements | ||
|---|---|---|---|
| Fee waived | Volume | Total | |
| Overpayment amount ($85 biometric fee) | $85 | 1 | $85 |
| Overpayment amount ($100 open worker permit) | $100 | 2 | $200 |
| Overpayment amount ($155 work permit) | $155 | 1 | $155 |
| Overpayment amount ($170 biometric fee — maximum fee for family) | $170 | 1 | $170 |
| TOTAL | $610 | ||
Accountability
All remissions associated with the Remission Order will be reported in the annual Global Affairs Canada (GAC) and IRCC fees reports and in GAC and IRCC public accounts, as required.
IRCC used electronic systems to verify that fee remittance for travel documents and permanent resident cards and associated fees only applies to individuals travelling to Canada as a result of the Russian invasion of Ukraine.
Consultation
The Privy Council Office, Treasury Board Secretariat, Finance Canada, GAC and Justice Canada were consulted on this initiative.
Contact
Selena Beattie
Director General
Migration Response Policy Branch
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West, 7th Floor
Email: Selena.Beattie@cic.gc.ca