Certain Fees Paid or Payable for the Acquisition of Permanent Resident Status, Travel Document Services and Consular Services (Resettlement from Afghanistan) Remission Order: SI/2023-23
Canada Gazette, Part II, Volume 157, Number 14
Registration
SI/2023-23 July 5, 2023
FINANCIAL ADMINISTRATION ACT
Certain Fees Paid or Payable for the Acquisition of Permanent Resident Status, Travel Document Services and Consular Services (Resettlement from Afghanistan) Remission Order
P.C. 2023-664 June 23, 2023
Her Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration and the Minister of Foreign Affairs, makes the annexed Certain Fees Paid or Payable for the Acquisition of Permanent Resident Status, Travel Document Services and Consular Services (Resettlement from Afghanistan) Remission Order under subsection 23(2.1)footnote a of the Financial Administration Act footnote b.
Remission and Conditions
Acquisition of permanent resident status fee
1 Remission is granted, to persons whose application for permanent residency was processed under one of the following temporary public policies, of the fees paid or payable under subsection 303(1) of the Immigration and Refugee Protection Regulations for the acquisition of permanent resident status:
- (a) the Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies;
- (b) the Amended temporary public policy to facilitate permanent residence for certain citizens of Afghanistan issued temporary resident permits;
- (c) the Temporary public policy to facilitate permanent residence for certain citizens of Afghanistan;
- (d) the Temporary public policy for the issuance of permanent resident visas for families of Afghan nationals who came to Canada under previous public policies — intake cap increase;
- (e) the Temporary public policy for extended families of former language and cultural advisors.
Document fees
2 (1) Remission is granted, to persons who meet the conditions set out in subsection (2), of the fees paid or payable under subsection 31(1) of the Citizenship Regulations for an application for certificate of citizenship, under section 315 of the Immigration and Refugee Protection Regulations, and under subsection 2(1) of the Passport and Other Travel Document Services Fees Regulations for the services set out in any of items 9, 10 and 14 of the schedule to those Regulations.
Conditions
(2) The remission is granted on the following conditions:
- (a) the application for the services was made abroad during the period beginning on August 25, 2021 and ending on December 31, 2023;
- (b) the person is a Canadian citizen or permanent resident of Canada who was in Afghanistan or in another country en route to Canada and who urgently needed to travel as a result of the fall of Kabul in August 2021; and
- (c) if the person was in a country other than Afghanistan when they applied for the services referred to in subsection (1), their urgent travel was facilitated by Canada.
Fee for consular services
3 (1) Remission is granted, to persons who meet the conditions set out in subsection (2), of the fees paid or payable under section 4 of the Consular Services Fees Regulations for the issuance of a temporary passport.
Conditions
(2) The remission is granted on the following conditions:
- (a) during the period beginning on August 25, 2021 and ending on December 31, 2023, the person made, at a mission abroad, an application for a temporary passport; and
- (b) the person urgently needed to travel as a result of the fall of Kabul in August 2021.
Coming into Force
Day made
4 This Order comes into force on the day on which it is made.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
The Governor in Council, on the recommendation of the Treasury Board, the Minister of Citizenship and Immigration, and the Minister of Foreign Affairs, pursuant to subsection 23(2.1) of the Financial Administration Act (FAA), has made the Certain Fees Paid or Payable for the Acquisition of Permanent Resident Status, Travel Document Services and Consular Services (Resettlement from Afghanistan) Remission Order (Remission Order).
Objective
In accordance with the Government of Canada’s broader commitment to assist Afghan nationals who were at risk of being targeted by the Taliban after the fall of Kabul in August of 2021, this Remission Order is to:
- reimburse fees relating to the issuance of the Right of Permanent Residence Fee (RPRF) to family members who paid the fee under the Immigration Refugee Protection Regulations (IRPR) on behalf of Afghan nationals who came to Canada under the Temporary Public Policy for the Issuance of Permanent Resident Visas for Families of Afghan Nationals Who Came to Canada under Previous Public Policies; and
- remit the RPRF, emergency travel document fees under the responsibility of the Minister of Citizenship and Immigration, and consular service fees under the responsibility of the Minister of Foreign Affairs that were administratively waived for Afghan nationals, permanent residents and Canadian citizens who relocated to Canada via various public policiesfootnote 1 signed between August 2021 and January 2023.
The objectives of the Remission Order are consistent with the Government of Canada’s approach to other recent crises for which various fees were remitted for replacement documents issued to Canadian citizens, permanent residents, and protected persons whose documents had been lost, damaged, destroyed, or rendered inaccessible.
Background
A remission order is required to address any instance where a debt has been created in relation to fees that were not collected but remain payable to the Crown. While the special measures to waive fees announced by the Minister of Citizenship and Immigration in 2021 assisted vulnerable Afghans at risk of being targeted by the Taliban in Afghanistan, legally these fees are still payable under relevant regulations. These costs are foregone revenue, and to extinguish the debt, the present Remission Order is required pursuant to section 23(2.1) of the FAA. The FAA authorizes the Governor in Council, on the recommendation of the Treasury Board, to remit a debt where the Governor in Council considers that its collection is unreasonable or unjust or that it is otherwise in the public interest to remit it.
Reimbursement of fees relating to the issuance of the RPRF
In October 2021, IRCC introduced the Temporary Public Policy for the Issuance of Permanent Resident Visas for Families of Afghan Nationals Who Came to Canada under Previous Public Policies; it was intended to reunite extended family members of former interpreters and staff, who came to Canada as permanent residents under the 2009footnote 2 and 2012footnote 3 public policies for Afghan nationals who had a direct relationship with the Government of Canada. This temporary public policy was designed to facilitate the immigration of 1,000 persons outside of Canada and issue them permanent resident visas, under the Humanitarian and Compassionate consideration class.
Under the Updated Temporary Public Policy for the Issuance of Permanent Resident Visas for Families of Afghan Nationals Who Came to Canada under Previous Public Policies, which came into effect in March 2022, the scope and scale of the temporary public policy for these extended family members was expanded, including waiving the RPRF. However, some individuals had already paid the fee prior to the updated temporary public policy taking effect. As such, between December 2021 and January 2022, nine extended family members paid the RPRF under subsection 303(1) of the IRPR on behalf of a total of 84 Afghan nationals.
Remittance of various fees previously waived
In August 2021, the Government of Canada deemed it was in the public interest to relocate Afghan nationals and their family members at risk of being targeted by the Taliban following their capture of Kabul. As such, the Government of Canada introduced several temporary public policies to assist at-risk Afghans, including for the relocation of those still inside Afghanistan and facilitating safe travel to Canada.
Under these public policies, IRCC did not collect fees that are otherwise payable for services under the Passport and Other Travel Document Services Fees Regulations, the Immigration and Refugee Protection Regulations (IRPR), the Citizenship Regulations, and the Consular Services Fees Regulations for various emergency travel documents or consular fees levied on adult passports and other travel documents, as the costs would have imposed an additional undue financial and administrative burden.
Implications
Financial implications
The Remission Order applies to fees waived via various public policies signed between August 25, 2021, and January 30, 2023.
Under the Temporary Public Policy for the Issuance of Permanent Resident Visas for Families of Afghan Nationals Who Came to Canada under Previous Public Policies 84 individuals paid the $500 Right of Permanent Resident Fee for a total of $42,000.
The total estimated foregone revenue associated with this Remission Order is up to $ 1,654,355, including $751,625 for the 2022-2023 fiscal year in actual revenue and up to $902,730 for the 2023-2024 fiscal year in estimated revenue.
| Fee waived / Service provided | Fee | Volume | Foregone revenue | ||
|---|---|---|---|---|---|
| Actual (2022-2023) |
Estimated (2023-2024) |
Actual (2022-2023) |
Estimated (2023-2024) |
||
| Right of Permanent Resident Fee (Up to April 30, 2022) |
$500 | 323 | NA | 161,500 | NA |
| Right of Permanent Resident Fee (post April 30, 2022) |
$515 | 1,121 | 1,728 | 577,315 | 889,920 |
| Emergency travel documents (Temporary Passport) | $110 | 113 | 113 | 12,430 | 12,430 |
| Emergency travel documents (Child Emergency Travel) | $30 | 1 | 1 | 30 | 30 |
| Consular Services Fee levied on adult travel documents | $25 | 14 | 14 | 350 | 350 |
| 751,625 | 902,730 | ||||
| TOTAL | 1,654,355 | ||||
Accountability
All remissions associated with the Remission Order will be reported in the annual Global Affairs Canada (GAC) and IRCC Fees Reports as required by section 20 of the Service Fees Act and subsection 4.2.8 of the Directive on Charging and Special Authorities and in Global Affairs Canada and IRCC Public Accounts as required in subsection 24(2) of the FAA.
Consultation
The Privy Council Office, Treasury Board Secretariat, Finance Canada, GAC, and the Department of Justice were consulted on this proposal. No issues or concerns were raised about the remission of these fees.
Contact
Selena Beattie
Director General
Policy and Outreach Branch
Afghanistan Sector, IRCC
Email: Selena.Beattie@cic.gc.ca