Canada Gazette, Part I, Volume 153, Number 4: Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Applications)

January 26, 2019

Statutory authority

Immigration and Refugee Protection Act

Sponsoring department and agency

Department of Citizenship and Immigration
Canada Border Services Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The temporary entry of foreign nationals to Canada brings billions of dollars to the Canadian economy, and enriches Canadian culture and communities. As reported in the 2017 Annual Report to Parliament on Immigration, Canada is becoming an increasingly popular destination for international students and tourists, and those who came to Canada temporarily in 2016 accounted for $32.2 billion in the economy. Likewise, permanent immigration enriches the social and cultural fabric of Canada, supports family reunification, and contributes to a strong and prosperous Canadian economy.

Across both the temporary and permanent immigration streams, application volumes are rising. The number of temporary resident applications continues to rise on an annual basis, increasing by more than 70% between 2011 and 2017. Regarding permanent immigration, the 2019–2021 immigration levels plan seeks to welcome 330 800 new immigrants in 2019 (compared to 310 000 in 2018), 341 000 in 2020 and 350 000 in 2021.

As Canada seeks to attract more visitors and permanent residents, the Government of Canada — in particular, Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) — must strive to continually modernize and improve its operations in order to provide timely and efficient client service and to keep pace with international competition for international students and tourists.

More than ever, improving processes means leveraging technology. This proposal is about modernizing and standardizing tools and processes to support greater use of technology in the immigration system to help manage volumes, improve client service, and enhance consistency and efficiency in processing immigration applications. Specifically, this regulatory proposal seeks to support greater technology use across temporary and permanent resident business lines while also streamlining the process for some family sponsorship applications in the permanent resident stream.

Background

In order to live, work or study in Canada, a foreign national must make an application to the Government of Canada and, as applicable, pay associated application fees. The citizenship of the foreign national, and the purpose of their visit to Canada, will determine if the application must be submitted to IRCC prior to arrival in Canada or if the application can be made directly at a port of entry upon arrival. Foreign nationals who are eligible to apply for immigration services at a port of entry may apply in person, directly to the CBSA, upon arrival at the port of entry. Applicants must also pay any required application fees, the vast majority of which are paid electronically or through a visa application centre to IRCC, prior to arrival in Canada. However, the CBSA also collects fees for applications made at the port of entry as well as for the issuance of documents (e.g. work permit, study permit, temporary resident permit).

Most applications, including all permanent resident applications, are assessed by IRCC officers at visa offices abroad or at processing centres in Canada. Foreign nationals who have been issued the required temporary resident visa (TRV), or an electronic travel authorization (eTA), as applicable, are authorized to travel to Canada. Foreign nationals who are coming to work or study in Canada will have their eTA or TRV issued, as appropriate, with their study or work permit introduction letter. CBSA officers at ports of entry make the final decision on who may enter Canada. The CBSA verifies the admissibility of foreign nationals seeking entry to Canada and will assess and issue permits (including work permits, study permits and other documents), where applicable.

The administration and enforcement of the Immigration and Refugee Protection Act (IRPA) are responsibilities shared between IRCC and the CBSA. IRCC is responsible for the administration of the IRPA in terms of selecting and welcoming foreign nationals as permanent and temporary residents, by processing and rendering decisions on applications. IRCC receives applications in both paper and electronic formats, and officers then review them to assess eligibility and admissibility to Canada. These efforts support Canadian prosperity, reunite family members, and uphold Canada’s humanitarian obligations. The CBSA’s responsibilities under the IRPA include determining the admissibility of foreign nationals and issuing permits at ports of entry; investigating and removing foreign nationals who are in Canada without status; and investigating and prosecuting offences under the IRPA. The CBSA uses various systems to process travellers arriving at Canadian ports of entry, such as CBSA’s Integrated Primary Inspection Line System (in air and land modes); Mobile Primary Inspection Line (MoPIL); Primary Inspection Kiosks (PIKs); NEXUS kiosks; and IRCC’s Global Case Management System, which records the issuance of documents (e.g. visitor records, work permits, study permits, temporary resident permits, landing documents for permanent residents, and inadmissibility reports) to foreign nationals and Canadian permanent residents.

While the proposed amendments to the Immigration and Refugee Protection Regulations (IRPR) are being put forward by both IRCC and the CBSA, the amendments are focused on administrative activities in the immigration system (e.g. application processing).

As part of the Economic Action Plan 2015 Act, No. 1, a series of new provisions and consequential amendments were introduced into the IRPA (Part 4.1), setting out clear authorities for using electronic means to administer and enforce immigration programs. These legislative changes were developed to support the expanding use of electronic tools in the immigration system to manage the ever-increasing volume of immigration applications being processed, including from travellers requiring immigration services at ports of entry.

While Part 4.1 of the IRPA provides broad authority for the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness (responsible for the CBSA) [the ministers] to use electronic tools, specific details are left to the Immigration and Refugee Protection Regulations (IRPR). The proposed amendments are not expected to impact or appreciably alter processes for clients. Rather, the proposed amendments aim to provide clarity and certainty to clients, as well as to IRCC and CBSA officers regarding electronic processes that are already being used widely.

Objectives

The proposed amendments would provide IRCC and the CBSA with clarity and enhance the legal framework for the use of electronic tools within the immigration system, thereby improving clarity and consistency for both organizations and their clients, while also boosting processing efficiency by facilitating the use of electronic tools. The regulatory proposal also targets a more streamlined application process for international adoptions and family sponsorships, and provides IRCC with greater flexibility in where it accepts paper applications in both temporary and permanent resident immigration programs.

Description

The proposed amendments would put in place additional details regarding the use and application of technology in the administration and enforcement of the IRPA under Part 4.1.

In addition, the proposed amendments would provide for simpler, more streamlined processes for certain applicants.

Some of the proposed amendments would simply codify what are already current practices or bring consistency and clarity by eliminating provisions that are no longer necessary.

Proposed amendments to the IRPR related to electronic systems

The following amendments would support greater use of electronic tools and systems in both temporary and permanent resident immigration programs:

• Use of electronic systems: The proposed amendments would prescribe that clients applying to come to or stay in Canada on a temporary or permanent basis use the electronic means or systems that are made available or specified administratively (e.g. on the website) by the ministers for that purpose. For example, when submitting an electronic application, clients must use the electronic application made available by IRCC. Since clients already use the electronic forms and systems made available to apply for immigration programs, this provision will not require clients to change their behaviour. It is simply meant to provide further assurance that clients do not use electronic systems that are not secure or may not be compatible with IRCC systems. It will also help ensure consistent service for all clients.
• Mandatory electronic payments: The proposed amendments would require that any payment of fees related to immigration applications be made electronically, unless other means are made available by the organizations under service contracts or arrangements with Canada that facilitate payments, for example visa application centres; alternative payment methods made available by IRCC in countries where the infrastructure does not support the use of electronic means; or clients applying for permits directly at ports of entry from the CBSA. Since the vast majority of clients already pay their application fees online, directly at a visa application centre or at a port of entry, these proposed amendments are not expected to result in a change for most clients. IRCC would continue to facilitate alternative methods of payment when warranted by country-specific conditions.
• Direction of the Minister: The proposed amendments would prescribe the circumstances (for example in cases of natural disasters or system issues or outages causing electronic networks to be unavailable or unreliable) when the ministers may direct the use of alternative processes for making applications and payments. These proposed amendments are meant to facilitate continuity for clients when the usual means of application are disrupted or unavailable and to ensure that they know the requirements to be followed when these events occur.
• Date and time: The proposed amendments would provide details regarding the date and time when electronic applications or other information are deemed to have been received by clients and by IRCC and the CBSA. This will help to establish a consistent and verifiable point of reference for the calculation of processing times and other time-sensitive requirements, such as deadlines for submitting additional information to support an immigration application. The proposed amendments would also provide similar details regarding the time and date when electronic payments are deemed to have been received by IRCC and the CBSA, helping to ensure predictable service for clients and consistent administration of the immigration programs of the Government of Canada. These proposed amendments do not introduce new authorities for officers; they simply provide clarity for officers to exercise their existing authority in the context of electronic applications and systems.
• General exception: The proposed amendments would provide a general exception to the use of an electronic system made available or specified by the Minister where those systems are used pursuant to a requirement or otherwise, in cases where a disability prevents a person from using those electronic means.

The following amendments would apply only to certain temporary resident programs:

• Electronic applications: Subject to the exceptions in cases of disability or where systems are unavailable or unreliable due to natural disasters or system issues or outages, the proposed amendments would require that applications made under the International Experience Canada program be made using electronic applications, codifying current practices. In addition, the proposed amendments would prescribe that most temporary resident applications made from within Canada be made via an electronic application, specifically
  • applications for temporary resident visas made from within Canada;
  • applications for extensions of temporary resident status made from within Canada;
  • applications for study or work permits made from within Canada;
  • applications for renewals of study or work permits made from within Canada; and
  • applications for restoration of status made from within Canada.

Since all International Experience Canada applications are already submitted electronically, and the vast majority of temporary resident applications submitted from within Canada are already submitted electronically (and those who use paper applications typically print them from the IRCC website), these proposed amendments would not represent a significant change for clients.

Other proposed amendment

In addition to technology-related amendments, the IRPR would be modified to reflect IRCC’s continuous collaboration with the CBSA to streamline processes and assist Canadian citizens and permanent residents wanting to sponsor family members, in support of the Government of Canada’s commitment to family reunification.

• International adoptions: The proposed amendments would allow the submission of sponsorship and permanent residence applications for intercountry adoption cases where a child has not yet been identified. In other words, an application could be submitted, and the approval process started, before certain required information is available, e.g. name, gender, date of birth (this information would be provided once known). This would codify current practices, which allow IRCC to begin the sponsorship assessment earlier (i.e. before all required information is available).
• Sponsorship applications: The proposed amendments would require that sponsorship applications accompany applications for permanent residence in the family class. The regulatory option for a family class sponsorship application to precede the related permanent resident application would therefore be removed. This would codify current practices, which would help reduce processing delays (currently, IRCC cannot begin processing until both applications are received).
• Non-electronic applications: Existing regulatory provisions concerning the place where applications must be submitted would be amended to provide IRCC more flexibility in determining where non-electronic applications may be submitted. Rather than specifying in the IRPR at which office applications should be submitted, these amendments would allow IRCC to use administrative means (e.g. IRCC’s website) to indicate where paper applications should be submitted based on expertise and processing capacity (i.e. based on where the Department can process them most effectively and efficiently). This would be in line with IRCC’s current service delivery model in which applicants primarily use the website to obtain information about application requirements and procedures. IRCC would ensure clear communication in a timely fashion about where to submit applications, with grace periods to accommodate clients when application submission requirements change.

Where necessary, consequential amendments to other provisions would be made to avoid duplication and ensure alignment with all of the changes outlined above. In addition, non-substantive amendments would be made for clarity to ensure that families making visa applications, and groups of performing artists making work permit applications, continue to benefit from existing group fee provisions when applications are made electronically.

Finally, provisions related to the transitional federal skilled workers class would be repealed. As these provisions are no longer necessary, it is proposed that they be removed in their entirety. The transitional federal skilled workers class was put in place to accommodate certain applicants when the Immigration Act was replaced by the IRPA in 2001 and no applications are currently pending or possible under this class.

Gender-based analysis plus

From a gender-based analysis plus (GBA+) perspective of the technology-related regulations, differential impacts between genders and for vulnerable groups would be minimal. Although regulations that require the use of existing electronic means could negatively affect persons who are unable to use or access electronic systems for reasons of a disability, an exception would be created to allow alternative means of application submission for such persons. These alternatives may include the use of existing paper forms.

All applicants already need to visit the departmental website in some form or another to print an application in hard copy prior to physically submitting their paper application; therefore, they are accustomed to online methods as a first step to accessing immigration services. Rather than negatively impacting certain groups of applicants, the proposed amendments are expected to simplify processes, as the need to print and mail applications would be reduced. These proposed amendments would also help IRCC continue to meet its service standards for in-Canada processing, which would ensure that clients receive decisions on their applications within expected timelines.

A majority of in-Canada applicants already submit their applications online. IRCC statistics show that on average, in 2017, approximately 81% of applicants applying to renew their temporary resident visa from within Canada did so using electronic applications (97 143 individuals out of a total of 119 886 applicants). From January to August 2018, the proportion increases to 91% (72 211 individuals out of 79 780). Given Canada’s high Internet availability and connectivity, issues of connectivity are not expected for prospective applicants, including vulnerable populations. However, should individuals be unable to access the Internet, Service Canada’s existing network of offices across Canada can support applicants experiencing such access issues.

The other provisions not related to technology are intended to increase application and processing flexibility and are expected to improve processes for all applicants, with no differential impacts expected between genders or for vulnerable groups. Therefore, according to the GBA+, the impacts would be positive or neutral.

Benefits of proposed amendment

Putting in place amendments to support the increased use of electronic tools and processes would bolster efficiency within IRCC, helping to maintain service standards as application volumes continue to rise and helping to ensure Canada remains a destination of choice for tourists and business travellers. Standardizing application processes, as well as adding clarity and enhancing the legal framework supporting the use of electronic systems, would also increase predictability and transparency, improve consistency for officers and clients, and boost processing efficiency.

The amendments related to sponsorship applications for internationally adopted children would formalize important client-focused practices, allowing IRCC to begin processing these cases earlier, and would reduce the time families need to wait before being able to bring their children to Canada.

The provisions outlining the circumstances when the Minister may direct alternative means for submitting applications, documents or information would allow IRCC and the CBSA to react quickly and put in place alternatives in the event of emergency and disaster. This would help to ensure that IRCC and the CBSA have the necessary flexibility to address any unforeseen or unplanned events that may disrupt their processing networks and that clients know the requirements to follow when these events occur.

The proposed amendments overall support greater use of technology in the immigration system, allowing Canada to keep pace with countries with similar views, such as Australia, the United States, the United Kingdom and New Zealand, that are continually introducing new electronic tools and processes to manage temporary and permanent immigration flows.

Costs to Immigration, Refugees and Citizenship Canada

IRCC would incur minor costs to implement the proposed Regulations, the majority of which would be incurred in the first two years. IRCC would require resources to work on specific one-time tasks. Namely, these resources would develop functional/program guidance through operational bulletins, program delivery instructions, FAQ sheets, and other guidance documents, as well as develop communications materials (e.g. press releases and website updates), and ensure ongoing program monitoring and reporting.

Beyond the two-year implementation period, IRCC would incur very minor ongoing personnel costs for tasks such as participation in working groups centred on the design of electronic business processes.

Resources for all incremental activity associated with the proposed Regulations would be drawn from existing departmental funds.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as the regulatory amendments are aimed at individual applicants and do not present a change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as small businesses would not be impacted.

Consultation

The proposal to amend the Regulations to support the increased use of electronic tools received support from witnesses when the enabling legislative provisions were discussed before the House of Commons Standing Committee on Citizenship and Immigration on May 28, 2015.

In developing this regulatory proposal, which has been included in IRCC’s Forward regulatory plan since spring 2016, IRCC has worked closely with the CBSA to ensure that the proposed amendments would meet the needs of both organizations and their clients.

While IRCC conducts an engagement and consultation exercise annually for the development of the immigration levels plan, in 2016 this initiative was broadened to a national conversation on immigration to Canada, including modernizing Canada’s immigration system. ^{footnote 1} Many suggestions called on IRCC to improve processing efficiency by making greater use of technology, with stakeholders and the public being generally pleased that many application forms are now online. There was also consensus that broad improvements, such as streamlining processes and making better use of technology, would reduce processing times for all. While some felt that the IRCC website was outdated, it is expected that ongoing efforts to improve IRCC’s online presence would help to mitigate these concerns.

The results of the IRCC Client Service Evaluation Survey for the 2017 client cohort indicate broad support for electronic and online processes in applying for immigration programs. For example, clients indicated a high level of support for making applications, downloading forms, paying fees and accessing personal account information online through the IRCC website.

Possible concerns regarding the accessibility of electronic systems and tools would be mitigated by provisions that would allow persons with disabilities to use alternate means of application in cases where they are unable to use electronic systems made available or specified by the Minister.

Rationale

As Canada seeks to attract more visitors and immigrants, IRCC and the CBSA must continually improve their operations to provide timely and efficient client service and to keep pace with international competitors for international students and tourists. Leveraging technology can significantly contribute to achieving these objectives.

While Part 4.1 of the IRPA provides broad authority for the Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety and Emergency Preparedness to use electronic tools, additional details regarding the use of those systems can be outlined within the IRPR. The proposed amendments to the IRPR would provide clarity and enhance the legal framework to ensure the consistent use of electronic tools. Amendments not related to electronic systems are also included in the regulatory proposal as they would improve processing in general, and for specific immigration streams.

Implementation, enforcement and service standards

The proposed amendments would help IRCC and the CBSA to continue to meet service standards in temporary resident lines of business, while also making processes clearer and simpler for individuals applying under the temporary and permanent immigration programs. IRCC would continue to lead reporting on highlights and immigration program results, including service standards, through the parliamentary reporting process.

New requirements for how applications are submitted and payments are made, as well as new parameters regarding when electronic applications, payments and other documents are deemed to have been received, would give IRCC and CBSA officers clarity in processing applications from clients who do not comply with the time allotted for submitting any necessary additional information to decide on their immigration applications. However, officers would continue to exercise their discretion and assess applications on a case-by-case basis, as they do in “non-electronic” processes. While this proposal includes amendments to require that temporary resident applicants applying from within Canada do so electronically, there would also be a provision to exempt applicants from the requirements to use electronic means in cases where a disability prevents them from doing so.

This regulatory proposal does not entail the collection of new or additional personal information; however, such information collected by IRCC and the CBSA would continue to be protected and stored in accordance with Canadian law.

Contacts

Patrick McEvenue
Director
Strategic Policy and Planning
Immigration, Refugees and Citizenship Canada
Telephone: 613-437-6296
Email: IRCC.SPPElectronicAdmin-AdminelectroniquePSP.IRCC@cic.gc.ca

Madona Radi
Director
Program and Policy Management Division
Canada Border Services Agency
Telephone: 613-954-6319
Email: Madona.Radi@cbsa-asfc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsections 5(1) and 11(1.01) ^{footnote a}, section 14 ^{footnote b}, subsection 26(1) ^{footnote c} and section 186.3 ^{footnote d} of the Immigration and Refugee Protection Act ^{footnote e}, proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Applications).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Patrick McEvenue, Acting Director, Strategic Policy and Planning Immigration, Refugees and Citizenship Canada (tel.: 613-437-6296; email: IRCC.SPPElectronicAdmin-AdminelectroniquePSP.IRCC@cic.gc.ca) or Madona Radi Director, Program and Policy Management Division, Canada Border Services Agency (tel.: 613-954-6319; email: Madona.Radi@cbsa-asfc.gc.ca).

Ottawa, January 21, 2019

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending the Immigration and Refugee Protection Regulations (Electronic Applications)

Amendments

1 The Immigration and Refugee Protection Regulations ^{footnote 2} are amended by adding the following after section 9:

DIVISION 1.1

Use of Electronic Means

Deemed sent and received

9.1 (1) Any signature, application, request, claim, document or information sent by a foreign national, or an individual, or an entity using electronic means is deemed to have been sent or received by the Minister at the time and on the date indicated in the system made available or specified for that purpose by the Minister.

Deemed receipt by recipient

(2) Any notice, request, decision, determination, document or information sent by the Minister using electronic means is deemed to have been received by the intended recipient at the time and on the date indicated in the system used by the Minister for that purpose.

Submission by other means

9.2 Despite other provisions of these Regulations, the Minister may require a foreign national, or an individual, or an entity to provide a signature, make an application, request or claim, submit any document or provide information by any means made available or specified by the Minister for that purpose in the following circumstances:

• (a) if the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or
• (b) if in the cases of natural disaster, political turmoil, or other exceptional situations that prevent the use of electronic means or make using them unreliable.

Application by electronic means

9.3 (1) The following applications must be made by the electronic means made available or specified by the Minister for that purpose:

• (a) an application for an extension of an authorization to remain in Canada as a temporary resident;
• (b) an application that is made in Canada for a work or study permit, or to renew such a permit;
• (c) an application for the restoration of temporary resident status;
• (d) an application that is made pursuant to a youth mobility arrangement entered into by Canada; and
• (e) an application for a temporary resident visa made in Canada.

Signature, application, request or information

(2) When an application, request, or claim is made or a document is submitted, or information, or a signature is provided by electronic means, it must be made, submitted, or using the electronic means made available or specified by the Minister for that purpose.

Supporting documents for electronic applications

(3) When an application is made by electronic means, any required information, documents, signature or evidence of payment referred to in these Regulations must be submitted by the same means.

Disability

9.4 A foreign national or other individual who because of a disability is unable to meet a requirement to sign, make an application, request, or claim, submit any document or provide information, or provide their signature using the electronic means referred to in section 9.3 may do so by other means made available or specified by the Minister for that purpose.

Payment by electronic means

9.5 (1) Any fees referred to in these Regulations must be paid by the electronic means made available or specified by the Minister for that purpose except in the following circumstances:

• (a) if services for the collection of payment are provided by an entity under an agreement or arrangement with Canada for that purpose; or
• (b) if fees may be paid at a port of entry.

Exceptions to payment by electronic means

(2) Despite subsection (1), the required fees may be paid by other means made available or specified by the Minister for that purpose in the following circumstances:

• (a) if the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or
• (b) if in the cases of natural disaster, political turmoil, or other exceptional situations that prevent the use of electronic means or make using them unreliable.

Deemed receipt

(3) Any fee paid by electronic means is deemed to be paid on the date and at the time recorded in the electronic system made available or specified by the Minister for that purpose.

Exception — disability

(4) A foreign national or other individual who because of a disability is unable to pay the required fees by the electronic means referred to in subsection (1) may do so by other means made available or specified by the Minister for that purpose.

2 (1) Section 10 of the Regulations is amended by adding the following after subsection (2):

Exception — adoption

(2.1) An application to sponsor an individual described in paragraph 117(1)(b) involving an international adoption, or another individual referred to in paragraph 117(1)(g), and the accompanying application for permanent residence, is not required to contain the information referred to in paragraph 10(2)(a) concerning that individual but this information must be provided before the application is approved.

(2) Subsection 10(4) of the Regulations is replaced by the following:

Application for sponsorship

(4) An application made by a foreign national as a member of the family class must be accompanied by a sponsorship application referred to in paragraph 130(1)(c).

3 Section 11 of the Regulations is replaced by the following:

Application by other means

11 If an application is not made by electronic means it must be submitted to the address specified by the Minister, including the address on the Department’s website.

4 Sections 12.01 to 12.03 of the Regulations are replaced by the following:

Invitation to apply for permanent residence — application by electronic means

12.01 An application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by the electronic means made available or specified by the Minister for that purpose.

5 Subsections 12.04(1) to (3) of the Regulations are replaced by the following:

Electronic travel authorization — application by electronic means

12.04 (1) Despite section 10, an application for a travel authorization under subsection 11(1.01) of the Act must be made by means of an electronic system that is made available or specified by the Minister for that purpose.

6 Paragraph 70(2)(b) of the Regulations is replaced by the following:

• (b) the economic class, consisting of the federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class and the Quebec self-employed persons class; and

7 (1) Sections 85.1 to 85.3 of the Regulations are repealed.

(2) The heading after section 85.3 of the Regulations is repealed.

(3) Section 85.6 of the Regulations is repealed.

8 (1) The portion of subsection 209.11(1) of the Regulations before paragraph (a) is replaced by the following:

Foreign national referred to in subparagraph 200(1)(c)(ii.1)

209.11 (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the Minister using the electronic means that are made available by the Minister for that purpose:

(2) Subsection 209.11(1) of the Regulations becomes 209.11 and subsections 209.11(2) and (3) are repealed.

9 The definition small business in section 209.93 of the Regulations is replaced by the following:

small business means any business, including its affiliates, that has fewer than 100 employees or less than $5 million in annual gross revenues at the time a request for an assessment under subsection 203(2) is received or, if no such request is made, at the time a copy of an offer of employment for a work permit application is provided to the Minister under paragraph 209.11(d). (petite entreprise)

10 Subsection 295(2.1) of the Regulations is repealed.

11 Subsection 296(3) of the Regulations is replaced by the following:

Maximum fee

(3) The total amount of fees payable under subsection (1) by an applicant and their family members who apply together and at the same time must not exceed $500.

12 Subsection 299(3) of the Regulations is replaced by the following:

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 together, and at the same time for a work permit, is $465.

13 (1) Subsection 303.1(2) of the Regulations is replaced by the following:

Payment

(2) The fee referred to in subsection (1) is payable before the foreign national to whom the offer of employment is made makes an application for a work permit or an application for renewal of the work permit.

(2) Subsections 303.1(3) and (4) of the Regulations are repealed.

Coming into Force

14 These Regulations come into force on the day on which they are registered.