The authorities require applicants to pay a fee of $50 for processing an application for the renewal of a Permanent Resident Card (PRC) or for the replacement of a lost, stolen or destroyed card made under the provisions specified in R53 (1) (b). The completion of the Permanent Resident Card (PRC) Application Kit i.e. IMM 5445E and the payment of the cost recovery processing fee of $50 will serve to initiate processing in Canada. Applicants will not need to pay any fee for the replacement of a Permanent Resident Card (PRC) because of an error on the part of Citizenship and Immigration Canada (CIC). The authorities have not identified any fee exemptions for this service.

For the purposes specified in A31 (1), the document indicating the status of a permanent resident is a Permanent Resident Card (PRC). The authorities only issue or provide these cards in Canada. The Permanent Resident Cards (PRCs) are optional for pre-Immigration and Refugee Protection Act (IRPA) permanent residents, who do not intend to travel.

With effect from December 31, 2003, the authorities require permanent residents to use this card for re-entering Canada after international travel, when using any commercial transportation.

It is worth mentioning that the Immigration and Refugee Protection Act (IRPA) does not require permanent residents to use their Permanent Resident Cards (PRCs) for identification purposes within Canada. However, clients could choose to show their Permanent Resident Cards (PRCs) when seeking a service from agencies that require proof of their status.

The Clients Who Acquire Permanent Resident Status Under the Provisions of the Immigration and Refugee Protection Act (IRPA)

Clients who acquire permanent resident status under the Immigration and Refugee Protection Act (IRPA) will usually have the fee for the Permanent Resident Card (PRC) included in their overall application fee. Thus, they will not need to pay any further fees for the service. However, once the client has acquired permanent resident status, they will need to provide a mailing address in Canada within 180 days of the date on which they acquired permanent resident status. Should they fail to do so, they will need to apply again and pay the $50 fee for obtaining the Permanent Resident Card (PRC). This is in accordance with the provisions specified in R58 (3). 

People whom the authorities landed under previous legislations might also apply for Permanent Resident Cards (PRCs) as a status document that serves to facilitate their return to Canada from overseas travel. In their case, the authorities will recover a fee of $50 for covering the cost of processing the Permanent Resident Card (PRC) application.

It is worth mentioning that the Permanent Resident Card (PRC) has an expiry date – similar to the practice with Canadian passports. This necessitates the need to renew the Permanent Resident Card (PRC) every five years in case the holder wishes to travel abroad by commercial carrier. In some cases, the authorities might only issue a Permanent Resident Card (PRC) for one year.

Applicants will need to pay a fee of $50 for processing an application for the renewal of the Permanent Resident Card (PRC) or for the replacement of a lost, stolen or destroyed card. Completion of the Permanent Resident Card (PRC) Application Kit (IMM 5445E) and payment of the cost recovery processing fee of $50 will serve to initiate processing in Canada. However, applicants will not need to pay any fee for the replacement of a Permanent Resident Card (PRC) because of an error on the part of the Canada Immigration Centre (CIC).

Note:

• The authorities consider a Permanent Resident Card (PRC) that has been damaged beyond use as destroyed

The processing and collection of fee will be $30 per individual. Officers will need to refer to the Coding Handbook for the fee exemptions applicable.

Processing fees will be applicable once the applicants request the replacement of an immigration document. This regulation applies to all immigration documents, except the Permanent Resident Card (PRC). 

The authorities have replaced the IMM 1000 Record of Landing with the Confirmation of Permanent Residence (COPR) form i.e. IMM 5292B. Despite this, applicants who became permanent residents prior to the coming into force of the Immigration and Refugee Protection Act (IRPA) can continue to use the IMM 1000s issued as the document for establishing the date of landing. As such, if an individual is only requesting a photocopy of their landing record i.e. IMM 1000 or Confirmation of Permanent Residence (COPR) form, they will not need to pay any processing fees.

The authorities require officers to go through the provisions specified in the Privacy Act and the Access to Information Act. These acts give Canadian citizens or permanent residents the right to access any personal information about themselves contained in a personal information bank. The data contained in immigration documents will typically be of personal nature. As such, it is important for officers to ensure that any client requesting a photocopy or certified true copy of the documents be able to provide satisfactory proof of their identity, prior to releasing the document.

It is worth mentioning that the Permanent Resident Card (PRC) is optional for pre- Immigration and Refugee Protection Act (IRPA) permanent residents who do not intend to travel. But, with effect from December 31, 2003, it is mandatory for all permanent residents for re-entry into Canada after international travel when using commercial transportation.

The authorities can replace the Permanent Resident Card (PRC) if stolen, lost or destroyed. Because of this, there is no provision under the Immigration and Refugee Protection Act (IRPA) for photocopies or certified true copies of the Permanent Resident Card (PRC). The fee for all services related to the card is $50.

The Cases in Canada

The authorities require officers to limit the direct distribution to clients of the Verification of Entry form i.e. IMM 5009B. This is to ensure that that client does not mail these forms directly to the Operations Support Centre (OSC). The applicant will typically need to go to the Operations Support Centre (OSC) for the completion of the application and the collection of the appropriate fees, if applicable. The client will need to present adequate personal identification. In addition, the client will need to complete the IMM 5009B. Officers will need to explain the fee requirement to these clients at the time of making appointments.

If the case is fee exempt, officers will need to check the ‘Exempt’ box and write down an explanation for the exemption e.g. ‘Resettlement Assistance’ or ‘Government Agency Request’ in the ‘Reason’ line of the IMM 5009B. Thereafter, the officer will need to refer the client to another officer for processing the request.

If the client needs to pay a fee, the officer will need to refer the client to the cashier for issuing a receipt for presentation to the officer processing the request. Officers will need to check the ‘Fee Paid’ box on the IMM 5009B. In addition, officers will need to ensure that the ‘Receipt No.’ line includes both the amount paid and the receipt number.

Note:

• The authorities require immigration offices to remain prepared to notify the Operations Support Centre (OSC) of the amount of fee paid or the reason for exemption

It is worth highlighting that the procedures outlined above for offices in Canada apply to visa offices abroad as well. Visa offices will need to collect the prescribed fee when originating a request for the Confirmation of Permanent Residence (COPR) or certificate of landing. This is regardless of the format of the document issued.

For instance, a letter on embassy stationery that confirms the client’s name and certifies the place and date of landing requires a fee. This is applicable even if the visa office never obtains a formal extract of the permanent residence records from the Operations Support Centre (OSC) i.e. in situations where the time frame involved does not permit the visa office to obtain a formal extract of the permanent residence records from the Operations Support Centre (OSC).

The authorities require visa offices receiving formal extracts directly from the Operations Support Centre (OSC) to collect the fee and to verify the applicant’s identity prior to releasing the certified document. 

The authorities require officers to discourage clients from making applications directly to the Operations Support Centre (OSC). Despite this, the Operations Support Centre (OSC) will continue to receive occasional requests. In this scenario, officers will need to mail the certified form IMM 1000 or IMM 5292B to the Immigration office for release, once the officers have identified the client and once the client has paid the fees. This is applicable unless the case is fee exempt. Officers will also need to explain the fee requirement to these clients at the time of making appointments.

The exemption described in the provisions specified in R311 (3) applies to cases where a governmental department such as the Canada Immigration Centre (CIC), Department of Foreign Affairs, Trade and Development (DFATD), Employment and Social Development Canada (ESDC) etc. wishes to authenticate a record of permanent resident status for internal administrative or control purposes. For instance, the authorities might have some doubts concerning the authenticity of a copy of a permanent residence record presented by an applicant for citizenship or pension benefits. In addition, the responsible department might wish to check with the Canada Immigration Centre (CIC) services prior to proceeding with the application. In such cases, where the request for the certification is not the result of a client having lost or destroyed their landing or permanent residence record, but rather of the administrative needs of a governmental department, the provisions specified in R311 (3) (a) provide a fee exemption for the service.

The authorities have asked other governmental departments to communicate all requests initiated for their own purposes directly to the appropriate Immigration office or to the Operations Support Centre (OSC) in writing. In these cases only, the officers will need to ensure that they do not ask clients to communicate in person with the immigration offices.

But, it is worth mentioning that in case of the loss or destruction of records, the authorities have asked governmental departments not to make requests on behalf of a client. As such, the client will need to come directly to the Canada Immigration Centre (CIC) and pay the appropriate fees.

The Internal Requests

Applicants need not pay any cost recovery fees in case the Canada Immigration Centre (CIC) receives a request for the certification of other records such as deportation orders. 

The processing and the collection of the fee will be $400. The authorities have not identified any fee exemptions for this service.

The provisions specified in A52 (1) specify that if the authorities have enforced a removal order, the foreign national will not be able to return to Canada without having an authorisation from an officer or in other prescribed circumstances. The authorities typically consider a removal order as having been enforced when the client either leaves voluntarily or if the Minister removes the client.

The provisions specified in R226 (1) specify that for the purposes of A52 (1) and subject to the provisions specified in R226 (2), a deportation order obliges a foreign national to obtain the written authorisation of an officer in order to return to Canada any time after the enforcement of the deportation order.

If the officer has determined that the client might be able to meet the basic requirements of requesting the authorisation to return, the processing of the request will commence upon completion and submission of a request in writing to an officer. The client will need to make this request in a letter. This will usually only apply in cases where the client has overcome the grounds for the original deportation or exclusion order or if these grounds no longer exist.

Situations could arise that result in the issuance of a Denial of Authorisation to Return to Canada pursuant to the provisions specified in subsection 52 (1) of the Immigration and Refugee Protection Act (IRPA) i.e. IMM 1202B form after the consideration of the application. In this scenario, the officers will not provide a refund of the fee.

Officers will need to indicate that they have received the payment by appropriately coding the IMM 1202B or the IMM 1203B i.e. the Authorisation to Return to Canada Pursuant to Section 52 (1) of the Immigration and Refugee Protection Act (IRPA). Officers will need to note the fee payment coding and the receipt number at the bottom of the form as well.

Situations could arise where a client cannot pay the fee because of a temporary lack of funds. Alternatively, the client might not want to pay the fee. In this scenario, officers will need to return the request to the applicant along with an explanation that the officers will not be able to accept the request until such time as the applicant submits the processing fee. In addition, the officers will need to place a note in the applicant’s file, where appropriate.

The Process in Canada

The officer will need to complete the Immigration Cost Recovery Control Form i.e. IMM 5194B in order to document the payment of the fees. The officer will also need to issue a receipt and enter a notation of the payment and the receipt number.

The Process in Visa Offices Abroad

At visa offices abroad, in most cases, the officers will already have opened a file. In case the officers feel that the case warrants a file review, the officers will continue processing. In some cases, the officers might not have opened a file. In this scenario, the officers will need to request the client to complete an Application for a Temporary Resident Visa (TRV) i.e. IMM 5257B for the commencement of processing. The authorities will issue a receipt and the officers will need to validate the existing forms i.e. IMM 0008EGEN, IMM 1294B, IMM 1295B and IMM 5257B. In such cases, officers will need to validate the application form twice – once for the original application fee and once again for the Authorisation to Return fee.

Note: 

• In addition to the processing fee for this service, officers might require clients to pay an administrative fee under the provisions specified in R243 i.e. the Payment of Removal Costs
• The foreign national remains entitled to return to Canada at the expense of the Minister in case a judicial review subsequently sets aside an enforced removal order

There are no cost recovery processing fees for deemed rehabilitation services.

Deemed Rehabilitation

People described by the provisions specified in A36 (1) (a), A36 (1) (b) or A36 (1) (c) and A36 (2) (a), A36 (2) (b) or A36 (2) (c) are inadmissible to Canada on the grounds of criminality. The Immigration and Refugee Protection Act (IRPA) serves to introduce the deemed rehabilitation class of people whom it describes in the provisions specified in A36 (2) (b) and A36 (2) (c).

The Immigration and Refugee Protection Act (IRPA) provides authority to the Minister for approving the rehabilitation of people described in A36 (1) (b) or A36 (1) (c) and A36 (2) (b) or A36 (2) (c). The granting of rehabilitation serves to remove the grounds of inadmissibility. The authorities usually grant rehabilitation for meritorious cases when the Minister or the delegated authority is satisfied that:

• The person concerned meets the prescribed criteria
• The person concerned has been rehabilitated and,
• The person concerned is highly unlikely to become involved in any further criminal activities

The National Parole Board has the authority for granting and issuing pardons to people described in A36 (1) (a) and A36 (2) (a) whom the authorities have convicted in Canada of an offence under an Act of Parliament punishable by way of indictment. The authorities can neither grant deemed rehabilitation or rehabilitation for these offences.

For more details, officers will need to refer to ENF 02 / OP 18 – Evaluating Inadmissibility.

When is Deemed Rehabilitation Not Applicable?

Officers will need to ensure that people do not use the deemed rehabilitation provisions for overcoming inadmissibility for offences in the following situations:

• If the prescribed span of time of five years has not elapsed – for people who have committed two or more summary offences or,
• If the prescribed span of time of 10 years has not elapsed – for people who have committed one indictable offence or,
• People who have committed one indictable offence and then, committed a subsequent summary or indictable offence or,
• If the people were deemed rehabilitated and then they committed a subsequent offence
  • It is worth mentioning that any subsequent offence has the effect of removing the application of the deeming provisions for any earlier offences
• For people who have committed an indictable offence pursuant to the provisions specified in A36 (1) (b) or A36 (1) (c)

Individual Rehabilitation – Essential Elements

Situations could arise where a person who was convicted of an offence or who has committed an act or omission does not meet the prescribed eligibility criteria for deemed rehabilitation. In this scenario, this individual might be eligible for applying for rehabilitation by presenting an Application for Criminal Rehabilitation i.e. IMM 1444E. Officers will need to counsel the client adequately on the criminal inadmissibility criteria as well as whether or not the client meets the criteria for applying either for rehabilitation under the Immigration and Refugee Protection Act (IRPA) or a pardon under the Criminal Records Act.

It is worth mentioning that the application of the criminal rehabilitation provisions in the Act is at the discretion of the Minister or the Minister’s delegate. However, officers will need to remember that these provisions do not constitute a right for people who are criminally inadmissible. As such, the officers can avoid considering such people eligible for the application of the criminal rehabilitation provisions specified in the Act. In addition, the authorities do not require officers to counsel applicants on the existence or application of these provisions. But, in the interest of procedural fairness, officers will need to provide applicants with an application kit in case the applicants appear to meet the prescribed eligibility criteria and request information or an application for the determination of rehabilitation.

Officers do not have the authority to approve rehabilitation. However, they can still provide the client with an opinion on eligibility. In addition, they can indicate whether the officers would be submitting a positive or a negative recommendation to the delegated authority.

In some cases, a negative recommendation might be likely. In this scenario, the officer will need to advise the client that the officers will not refund the cost recovery processing fee in case the authorities refuse the application. Situations could arise where a client wants to submit an application for the determination of rehabilitation after receiving a negative recommendation. In this scenario, officers will need to refuse to accept applications for rehabilitation by the clients.

The authorities require officers to process applications for the determination of rehabilitation simultaneously. This is especially so in case the client has submitted an application for a temporary or a permanent resident visa. The client will need to submit another visa application if the client requests rehabilitation after the refusal of a visa application.

The processing and the collection of the fee will be $200. The authorities have not identified any fee exemptions for this service.

The manager at a Port of Entry (POE), a Canada Immigration Centre (CIC) or a program manager at a visa office abroad have the authority to consider and decide an application for the determination of rehabilitation. But, they will only come into play if the authorities have convicted the person concerned of an offence outside of Canada and five years have passed since the completion of the imposed sentence.

Officers will need to collect the fees and issue the receipt to the applicant each time the applicant initiates a written request for the determination of rehabilitation. At visa offices abroad, the visa officer will need to issue a receipt and validate the existing application form i.e. IMM 0008, IMM 1294, IMM 1295 or IMM 5257B. In such cases, officers will need to validate the application form twice – once for the original application fee and once again for the Application for Determination of Rehabilitation fee.

The authorities also require officers to record the fee paid and the receipt number in the ‘Recommendation’ and ‘Reasons for Recommendation’ sections of the Application for Criminal Rehabilitation form i.e. IMM 1444E.

Temporary Inability or the Refusal to Pay

Situations could arise where applicants advise officers that the applicants are unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicants to return when they have the ability and the willingness to pay the fees. There is no authority to accept an Application for the Determination of Rehabilitation unless the applicant has paid the fee. The authorities also require officers to place appropriate notes in the applicant’s file.

The processing and the collection of the fee will be $1,000. The authorities have not identified any fee exemptions for this service. It is worth mentioning that officers will collect this fee each time the applicant initiates an application for the determination of rehabilitation.

Temporary Inability or the Refusal to Pay

Situations could arise where applicants advise officers that the applicants are unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicants to return when they have the ability and the willingness to pay the fees. Officers will not be able to accept and commence processing an application for the determination of rehabilitation unless the applicant has paid the relevant fees. Officers will need to note this on the applicant’s file as well. The authorities require officers to confirm their delegated authority prior to rendering a decision.

The Process in Canada

The officers will need to issue a receipt and a note in the appropriate box of the Immigration Cost Recovery Control form i.e. IMM 5194B to indicate that the applicant has paid the fee. In addition, they will need to note down the receipt number.

The Process at Visa Offices Abroad

At visa offices abroad, officers will need to issue receipts and validate the existing application forms i.e. IMM 0008EGEN, IMM 1294B, IMM 1295B or IMM 5257B. In such cases, officers will need to validate the application form twice – once for the original application fee and once again for the Application for Determination of Criminal Rehabilitation fee.

The processing and collection of fee towards the payment of removal costs is:

• For USA / Saint Pierre et Miquelon – $750
• For other destinations – $1,500

The authorities have not identified any fee exemptions for this service.

It is worth highlighting that this is an administrative penalty and not a cost recovery fee. As such, the Cost Recovery and Charging Policy of the Treasury Board Secretariat does not govern it. The authorities have included it in this section because of its relationship to the Authorisation to Return to Canada. These fees apply only in situations where the authorities have not recovered the relevant costs from a transportation company.

The Intent of Fee

In the past, this fee only applied to people who initially received a departure order, ignored the order and ended up getting deported at departmental expense. The authorities originally intended this regulation to add a further consequence for clients who ignored a departure order.

Under the Immigration and Refugee Protection Act (IRPA), the authorities have widened the applicability of this fee to include all clients the authorities removed at Her Majesty’s expense and not just those individuals whom the authorities deported. In the provisions specified in R223, the authorities have defined removal orders to include departure orders, exclusion orders and deportation orders.

Deportees

Under the Immigration and Refugee Protection Act (IRPA), the people deported at departmental expense will need to satisfy two requirements before the authorities permit them to return to Canada. First, they will need to obtain authorisation for returning to Canada through an officer or by other prescribed circumstances. This is in accordance with the provisions specified in R226 (1) and A52 (1). In addition, they will need to pay the cost (if any) of their removal, in case the authorities have not recovered this from the transportation company. This is in accordance with the provisions specified in R243.

Other Removals

Situations could arise where clients who are the subject of exclusion or departure orders might seek to return to Canada after the period specified in the Regulations, without needing to obtain the authorisation of an officer. However, the authorities now require these clients to pay the cost of their removal, if the authorities had previously removed them at Her Majesty’s expense. This is in accordance with the provisions specified in R243. The authorities also follow the same process for deportees.

The officers will typically need to process the request for authorisation to return to Canada i.e. IMM 1203B. Once the officers have determined that the authorities will grant the authorisation, the office in Canada (where the removal order originated) will need to inform the officer whether any payment is applicable. In many cases, the collection of this fee will take place prior to the authorities granting the authorisation to return to Canada. The authorities have specified the applicable fees in R243. Each time the officers receive a payment of removal expenses, they will need to issue a receipt.

Situations could arise where some people inform the officers that they are unable or unwilling to pay the fee immediately. Officers will need to counsel these individuals to withdraw their request for the authorisation to return to Canada and to return when they have the ability and the willingness to do so. In some cases, the individual might refuse to withdraw the request. In this scenario, officers will have no alternative but to refuse the request for the failure to pay removal costs. This is in accordance with the provisions specified in A52 (1).

Note:

• The foreign national remains entitled to return to Canada at the expense of the Minister in case a judicial review subsequently sets aside an enforced removal order for which there is no right of appeal

The authorities have transferred the responsibility for the fees associated with examinations to the Canada Border Services Agency (CBSA).

There are two types of fees associated with examinations. These comprise:

• The After-hours examination (in Canada) and,
• Alternative means of examination

The After-Hours Examination in Canada Based on the Provisions Specified in R312

The processing and collection of fee towards the payment of removal costs is:

• For four hours – $100 and,
• For each additional or part hour after four hours – $30

The authorities have not identified any fee exemptions for this service.

As mentioned earlier, the authorities have transferred the responsibility for the fees associated with examinations to the Canada Border Services Agency (CBSA). The processing fee for ‘after-hours examination’ services at Ports of Entry (POEs) should not serve to alter the way officers conduct after-hour immigration secondary examinations at any Port of Entry (POE). The authorities require Ports of Entry (POEs) to continue to operate in their usual manner. As such, officers will need to collect the after-hours examination fees as outlined in these guidelines.

The Criteria for the Collection of the Fee

The authorities require officers to apply the collection of a processing fee at Ports of Entry (POEs) where an Immigration presence is not available on a 24-hour basis. Thus, officers will need to apply the fees to:

• People seeking entry when travelling by private vehicle and,
• Transportation companies when people seeking entry into Canada use public transportation

People seeking entry into Canada will be subject to the after-hours examination processing fee when the client requests the service and not by the inspection services i.e. customs.

People seeking entry either by private carrier or by transportation companies carrying people identified as requiring immigration secondary examinations will be subject to the processing fee for after-hours examination in case the following two conditions are present:

• The arrival at the Port of Entry (POE) by the individual or transportation vehicle must be an unscheduled arrival and,
• The Immigration examining officer will need to incur overtime

It is worth mentioning that several Ports of Entry (POEs) offer immigration services with a presence of 16 hours per day, seven days a week. Immigration officers typically provide after-hour service on an after-hours examination basis listed on a standby roster.

Customs officers are responsible for the primary inspection services. During their examination of people seeking entry into Canada, they are responsible for identifying people who require a secondary examination by an Immigration officer. The customs officer will refer these people for an immigration secondary examination. At that point, officers will carefully explain the options available to the people seeking entry into Canada.

These options typically comprise:

• Withdrawal of the individual’s request to enter Canada and return to the country of departure
  • This would only be applicable at land border sites where the traveller is coming from the USA
• Waiting in the Customs / Immigration reception area until the next scheduled immigration officer reports for duty
  • This would usually be around 0800 hrs as most ports offering 16-hour services will offer immigration presence during the hours 0800 – 0000 hrs (midnight)
• Requesting that the officials call back the immigration officers listed on a standby roster for performing the immigration secondary examination

Situations could arise where the traveller opts to request an officer to conduct the immigration secondary examination. In this scenario, the Customs officer on duty will need to give the individual a copy of an information sheet outlining the hours of immigration service at that Port of Entry (POE) and the cost recovery fee associated with calling back an immigration officer. Each Port of Entry (POE) will be responsible for developing their own sheet with the applicable information. The Customs officer will also need to witness the applicant’s signature on this information sheet. In addition, the Customs officer will need to ensure that the individual has sufficient funds or credit card available for paying the fee. At this point, the Customs officer will need to phone the designated officer.

The immigration officer whom the Customs officer has called back to perform the immigration secondary examination will need to collect the fee. The collection of the fee will usually take place prior to commencing the examination interview. The officer will give a receipt to the applicant. In addition, the officer will need to indicate that the applicant has made the appropriate payment by notating the fee and the receipt number in the appropriate box on the Immigration Cost Recovery Control form i.e. IMM 5194B. Officers will not refund this fee once the immigration officer has reported to the Port of Entry (POE) for conducting the secondary examination.

Situations could arise where, upon arrival at the Port of Entry (POE), the client seeking entry to Canada might refuse to pay the required fee for after-hours examination. In this scenario, the officers will need to defer the secondary examination until such time as the client pays the fee. In some cases, the client might continue to refuse to pay the fee. In this scenario, the officers will need to notify the client to withdraw their request and to return to their country of origin. Alternatively, the officers could instruct the client to wait for the continuation of their examination when the officer on the next scheduled shift reports for duty.

Situations could arise where some individuals might have travelled by a mode of public transit i.e. train, airplane, bus etc. In addition, the arrival of the public transportation might have been unscheduled. Moreover, the transportation company might not have advised the Port of Entry (POE) of the unscheduled arrival in order to make alternate staffing arrangements. In such circumstances, the officers will require the transportation company and not the individuals to pay the processing fee. Officers will need to assess the fee they are collecting as if they were providing only one after-hours examination service. However, individual passengers could be subject to charges applicable on a case-by-case basis.

During the interview by a Customs officer, applicants might inform the officer that they are unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicants to return when they have the ability and the willingness to pay the fees or to return when there is an immigration officer on duty. There is no authority to provide the after-hours examination service unless the applicant has paid the fee. The authorities also require applicants to demonstrate that they have the ability to pay the required fee.

In some cases, the clients might demonstrate that they have the ability to pay the fee. In addition, they might have completed the Immigration Cost Recovery Information form (described earlier) requesting that the official call back an immigration officer to perform the immigration secondary examination. However, once the officer arrives at the Port of Entry (POE), the client might decide not to comply with the fee requirement. In this scenario, the officer would not conduct any examination. Instead, the officer would advise the individual to return to the country of origin.

The Alternative Means of Examination in Canada Based on the Provisions Specified in R313

The processing and collection of fee towards the payment of removal costs is $30 per person. In accordance with the provisions specified in R294, applicants will need to pay the fees per person and not per application. The authorities have not identified any fee exemptions for this service. The authorities have transferred the responsibility for the fees associated with examinations to the Canada Border Services Agency (CBSA).

About the Remote Area Border Crossing (RABC) Permit

In 1992, the authorities introduced a service whereby people seeking to enter Canada could request and receive consideration for permits that allowed a variety of methods of reporting their entry. The possession of a valid Remote Area Border Crossing (RABC) permit enables the bearer to cross the border without reporting to a Port of Entry (POE) as long as the bearer has declared all imported goods.

It is worth mentioning that this service is available only along the international border between Ontario and Manitoba from Pigeon River to and including Lake of the Woods and to the Canadian shore of Lake Superior from Pigeon River to Terrace Bay.

The Remote Area Border Crossing (RABC) permit is available to Canadian and US citizens and people temporarily residing in cottages within 100 kilometres (i.e. 62 miles) of the Canada / US border. In addition, it is available to Canadian and US tourists to the area who use the border waterways for recreational purposes.

The Processing and Collection of the Fee

Officers will need to collect a fee each time they process a request for a Remote Area Border Crossing (RABC) permit. They will need to record payments by coding the appropriate box of the document issued.

Situations could arise where applicants might inform the officer that they are unable or unwilling to pay the fee immediately. In this scenario, the officers will need to counsel the applicants to withdraw their applications and to re-apply when they have the ability and the willingness to pay the fees.

The processing and collection of fee is:

• For the first 10 minutes or less – $100 and,
• For each additional minute or less for access to the Department’s database – $30

Officers will need to refer to the Coding Handbook for the applicable fee exemptions.

The Data Warehouse Unit at National Headquarters (NHQ) is responsible for providing statistical information on national immigration and refugee protection activity. The Data Warehouse Unit will typically respond to requests for specific information that is not available in monthly, quarterly or annual publications. These special requests require the creation of specific programs for extracting the information from the Department’s computer database.

It is worth mentioning that the authorities have identified the provision of immigration information as a service to which the seven per cent (7 per cent) GST rate applies.