Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2018-128)

Policy effect

Operationalizes mandatory collection of biometric information (fingerprints and photo) and sets an $85 fee, 10-year validity window ("1 in 10" rule), port-of-entry restrictions, and exemption categories for temporary resident visas, permits, permanent residence, and refugee claims.

Conditions and exceptions

Validated condition or limit: Operationalizes mandatory collection of biometric information (fingerprints and photo) and sets an $85 fee, 10-year validity window ("1 in 10" rule), port-of-entry restrictions, and exemption categories for temporary resident visas, permits, permanent residence, and refugee claims.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendments 1 Section 10 of the Immigration and Refugee Protection Regulations footnote 1 is amended by adding the following after subsection (2): Clarification (2.1) For greater certainty, neither the information referred to in subparagraphs 12.3(b)(i) and (ii) nor the fee referred to in section 315.1 form part of the application. 2 Section 12 of the Regulations is replaced by the following: Return of application 12 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the applicant. Request or application at port of entry 12.001 Subject to sections 198 and 214, a person — who under section 10.01 of the Act is required to provide their biometric information — may only make a request for a temporary resident permit under subsection 24(1) of the Act or an application for a work or study permit at a port of entry if that port of entry provides collection services for biometric information. 3 (1) Section 12.1 of the Regulations and the heading before it are replaced by the following: Collection and Verification of Biometric Information Collection — claims, applications, and requests 12.1 Section 10.01 of the Act does not apply to claims, applications and requests under the Act, other than the following: (a) an application for a permanent resident visa; (b) an application to remain in Canada as a permanent resident; (c) an application for permanent resident status made by a person who, when they made their claim for refugee protection outside Canada, was exempted, under section 12.8, from providing their biometric information under section 10.01 of the Act; (d) an application for a temporary resident visa; (e) an application for an extension of authorization to remain in Canada as a temporary resident; (f) a request for a temporary resident permit; (g) an application for restoration of temporary resident status; (h) an application for a work permit or renewal of a work permit; (i) an application for a study permit or renewal of a study permit; (j) an application to remain in Canada as a permanent resident, made in Canada by a protected person, within the meaning of subsection 95(2) of the Act … subsection 140.2(1) if 7 Subsection 183(4) of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph: (c.1) in the case of a person who is required by section 10.01 of the Act to provide their biometric information, the day on which the period of 10 years following the latest day on which the person provided their biometric information under section 10.01 of the Act ends; or 8 The heading before section 315.1 of the Regulations is replaced by the following: Services in Relation to Collection of Biometric Information 9 (1) Subsections 315.1(1) and (2) of the Regulations are replaced by the following: Fee — $85 315.1 (1) A fee of $85 is payable for the provision of services in relation to the collection of biometric information under section 10.01 of the Act. Exemptions (2) The following persons are not required to pay the fee referred to in subsection (1): (a) with respect to an application referred to in paragraph 12.1(a), a person who applied for refugee protection outside Canada and their family members; (b) with respect to a request referred to in paragraph 12.1(f), (i) a person referred to in paragraph 12.2( … ) are amended to provide specificity to provisions of the general legislative framework approved by Parliament through the Economic Action Plan 2015 Act, No. 1 by implementing the expansion of biometrics collection to all persons (unless exempted) applying for temporary or permanent residence (including all those applying for a temporary or permanent resident visa or status, work permit, study permit, or temporary resident permit) under the Immigration and Refugee Protection Act (the Act). The Regulations also exempt certain applicants from the biometrics collection requirement (e.g. applicants … , application or request under the Act and provided the authority to establish regulations to implement the legislative changes. These legislative amendments come into force on July 31, 2018. IRCC is leading the Biometrics Expansion Project in partnership with the CBSA, the RCMP and SSC. The scope of the project has three broad components: Collection: Collect biometric information from all visa-required persons; all persons applying for a work permit, study permit, temporary resident permit or temporary resident status (excluding United States nationals); and all permanent resident applicants. … applicants and travellers, as well as upholding the safety and security of Canadians. Objectives The objective of the Regulations is to implement the approved legislative changes contained in the Economic Action Plan 2015 Act, No. 1, that come into force simultaneously with the Regulations on July 31, 2018, which expand the obligation to provide biometric information to all persons making a claim, application or request under the Act. The Regulations also prescribe the procedure for the collection and verification of biometric information. Description The IRPR are amended to establish the procedures …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2018

• 2018-01-11Modification of citizenship revocation decision-maker under Bill C-6
• 2018-01-24Mandatory Refusal to Allow Application Withdrawal During Inadmissibility Reporting (SOR/2018-5)
• 2018-03-10Moratorium on Farm Management Applications under the Federal Self-Employed Persons Class
• 2018-03-27Clarification of End of Examination for Refugee Claimants (SOR/2018-60)
• 2018-03-27Permanent Regulatory Repeal of the Cumulative Duration Rule for Temporary Foreign Workers (SOR/2018-61)
• 2018-04-11Transition of Start-up Business Class into Permanent Regulatory Program (SOR/2018-72)
• 2018-06-01Temporary Public Policy Regarding Excessive Demand on Health and Social Services
• 2018-06-05Regulations Amending the Immigration and Refugee Protection Regulations
• 2018-06-26Express Entry ITA Application Submission Window Reduction
• 2018-10-17Alignment of Inadmissibility Grounds with the Cannabis Act (SOR/2018-170)
• 2018-11-02Streamlined Administrative Enforcement of Unenforced Removal Orders Abroad (SOR/2018-232)
• 2018-11-23Work Permit Exemption for Registered Indians (SOR/2018-249)
• 2018-11-30Regulations Amending the Citizenship Regulations (SOR/2018-264)