s. 87 Application for non-disclosure — judicial review and appeal

(1)The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

Effects of appeal

(2)The appeal suspends the execution of the decision, as well as the judicial review, until the appeal has been finally determined.

(1)The regulations may provide for any matter relating to the application of this Division and may include provisions respecting

• (a)the conditions that must be imposed under subsection 77.1(1) or 82(6); and
• (b)the conditions and qualifications that persons must meet to be included in the list referred to in subsection 85(1) and the additional qualifications that are assets that may be taken into account for that purpose.

Requirements

(2)The regulations

• (a)shall require that, to be included in the list, persons be members in good standing of the bar of a province, not be employed in the federal public administration, and not otherwise be associated with the federal public administration in such a way as to impair their ability to protect the interests of the permanent resident or foreign national; and
• (b)may include provisions respecting those requirements.

(1)This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

Clarification

(1.1)For greater certainty, this section applies to a sponsorship application made under subsection 13(1) to sponsor a person referred to in subsection 99(2).

Attainment of immigration goals

(2)The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

Instructions

(3)For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions

• (a)establishing categories of applications or requests to which the instructions apply;
• (a.1)establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;
• (b)establishing an order, by category or otherwise, for the processing of applications or requests;
• (c)setting the number of applications or requests, by category or otherwise, to be processed in any year; and
• (d)providing for the disposition of applications and requests, including those made subsequent to the first application or request.

Application

(3.1)An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.

Clarification

(3.2)For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.

Compliance with instructions

(4)Officers and persons authorized to exercise the powers of the Minister under section 25 shall comply with any instructions before processing an application or request or when processing one. If an application or request is not processed, it may be retained, returned or otherwise disposed of in accordance with the instructions of the Minister.

Clarification

(5)The fact that an application or request is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or other document, or grant the status or exemption, in relation to which the application or request is made.

Publication

(6)Instructions shall be published in the Canada Gazette.

Clarification

(7)Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which to administer this Act.

(1)The Governor in Council may make an order specifying one or more of the following, if the Governor in Council is of the opinion that it is in the public interest to do so:

• (a)applications for permanent resident visas, temporary resident visas, electronic travel authorizations, work permits, study permits or any other documents, or any combination of those types of applications, made by foreign nationals are not to be accepted for processing if they are received during the period set out in the order or, if a period is not set out, during the period for which the order is in force;
• (b)the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period set out in the order or, if a period is not set out, during the period for which the order is in force; or
• (c)the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.

Other elements of order

(2)An order made under subsection (1) may

• (a)restrict the application of the order to certain foreign nationals or to applications within a class of applications that is specified in the order;
• (b)provide for the retention, return or other disposition of applications;
• (c)specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)(a) or (b) are to be repaid and, if they are, that such a repayment is to be made without interest from the Consolidated Revenue Fund; and
• (d)provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

Termination — fees repaid

(3)An order made under subsection (1) must specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)(c) are to be repaid and, if they are, that the repayment is to be made without interest from the Consolidated Revenue Fund.

(1)If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order,

• (a)cancel or vary documents, including permanent resident visas, permanent resident cards, temporary resident visas, electronic travel authorizations, temporary resident permits, work permits or study permits;
• (b)suspend such documents for the period set out in the order or, if a period is not set out, during the period for which the order is in force;
• (c)impose or vary conditions on such documents — including a condition or requirement imposed under the provision of any other Act of Parliament, or of any regulations or orders made under such an Act, or one related to the compliance with any such provision — for the period set out in the order or, if a period is not set out, during the period for which the order is in force; or
• (d)impose or vary such conditions on temporary residents for the period set out in the order or, if a period is not set out, during the period for which the order is in force.

For greater certainty

(1.1)For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status or to grant or extend study permits or work permits.

Recommendation

(2)An order made under subsection (1) whose measures concern, in whole or in part, persons inside Canada must be made on the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness.

Other elements of order

(3)An order made under subsection (1) may

• (a)restrict the application of the order to certain documents or individuals;
• (b)provide for the return of documents; and
• (c)provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

(1)If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, amend or repeal any order made under subsection 87.301(1) or 87.302(1).

Amendments by Minister

(2)If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, authorize the Minister, by order, to amend or repeal any order made under subsection 87.301(1) or 87.302(1), subject to any conditions that the Governor in Council may specify.

Concurrence

(3)If the amendment or repeal concerns, in whole or in part, persons in Canada, then it requires,

• (a)in the case of an amendment or repeal made by the Governor in Council, the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness; or
• (b)in the case of an amendment or repeal made by the Minister, the concurrence of the Minister of Public Safety and Emergency Preparedness.

(1)If an order is made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after the day on which the order is made, a report setting out

• (a)the reasons that the order was made;
• (b)the number of applications or documents affected; and
• (c)a description of the persons or groups affected by the order.

Referral to committee

(2)The report stands referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

Appearance of Minister

(3)At the request of the committee, the Minister must appear before it to explain the reasons for making the order and plans to prevent systemic fraud in the future.

(1)A person must answer truthfully all questions put to them by an officer that relate to the application of an order made under subsection 87.302(1) and must produce a visa and all relevant evidence and documents that the officer reasonably requires for the purpose of the application of such an order.

Obligation — appear for examination

(2)A person must, on request of an officer, appear for an examination — including a medical examination — that relates to the application of an order made under subsection 87.302(1).

(1)If the Governor in Council is of the opinion that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that country or territory who are in Canada, the Governor in Council may make an order specifying one or more of the following:

• (a)applications for temporary resident visas, work permits or study permits, or any combination of those types of applications, made by any citizen or national of that foreign state or territory are not to be accepted for processing if they are received during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force;
• (b)the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; or
• (c)the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.

Other elements of order

(2)An order made under subsection (1) may

• (a)restrict the application of the order to applications, citizens or nationals within a class of applications, citizens or nationals that is specified in the order;
• (b)provide for the retention, return or other disposition of applications;
• (c)if the processing of applications is terminated, provide for the repayment of fees paid in respect of those applications; and
• (d)provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

Clarification

(3)The fact that an application is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or permit in relation to which the application is made.

(1)An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.

Application

(2)Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.

Effect

(3)The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

Fees returned

(4)Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

No recourse or indemnity

(5)No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).

(1)An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to the class in question.

Application

(2)Subsection (1) does not apply to

• (a)an application in respect of which a superior court has made a final determination unless the determination is made on or after February 11, 2014; or
• (b)an application made by an investor or entrepreneur who is selected as such by a province whose government has entered into an agreement referred to in subsection 9(1).

Effect

(3)The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.

Fees returned

(4)Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

Investment returned

(5)If an application for a permanent resident visa as a member of the prescribed class of investors is terminated under subsection (1), an amount equal to the investment made by the applicant in respect of their application must be returned, without interest, to the applicant. The amount may be paid out of the Consolidated Revenue Fund.

Provincial allocation

(6)If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. The return of the amount extinguishes the debt obligation in respect of that provincial allocation.

No recourse or indemnity

(7)No right of recourse or indemnity lies against Her Majesty in right of Canada in connection with an application that is terminated under subsection (1), including in respect of any contract or other arrangement relating to any aspect of the application.