Is a Minister's authority to require an application to be returned for overpayments?

Canada (Federal), Canada

The following excerpt is from Xiao, Guo-Yang v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 7897 (FC):

Secondly, although the Minister may issue guidelines and other non-binding instruments as a matter of administrative practice, even if such a policy existed in 1997, it acted as much more than a mere guideline in this instance: it was clearly mandatory in nature and the application had a legal effect. The Minister's authority to make such requirements is derived exclusively from the relevant legislation: Friends of the Oldman River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3 at 35. I cannot find any authority in the Immigration Act, the Immigration Act Regulations, 1978, or the Immigration Act Fees Regulations for such a requirement. It is no answer for the Minister to state that nothing in the Act or Regulations prohibit him from making it. His authority must be found in explicit and positive language in a relevant statute or regulation. Here, the Immigration Act Fees Regulations are not even ambiguous on the issue; they are entirely silent on whether applications may be returned for overpayments.

Other Questions

What is a Minister’s authority to require an application to be returned for overpayments? (Canada (Federal), Canada)
Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the standard of review applicable to a Minister's discretionary authority to waive or cancel all or any part of a penalty or interest under the Income Tax Act? (Canada (Federal), Canada)
Under what circumstances will the Minister of Employment and Immigration be allowed to continue to be a Minister of Justice in the context of the Minister’s Accessibility Guidelines? (Canada (Federal), Canada)
Does a Minister have an obligation to disclose a Memorandum to the Applicant so that the applicant can file a rebuttal? (Canada (Federal), Canada)
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.