Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Version of document from 2009-10-22 to 2010-03-10:

Immigration and Refugee Protection Regulations

SOR/2002-227

FINANCIAL ADMINISTRATION ACT

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2002-06-11

Immigration and Refugee Protection Regulations

C.P. 2002-997 2002-06-11

Whereas, pursuant to subsection 5(2) of the Immigration and Refugee Protection ActFootnote a, the Minister of Citizenship and Immigration has caused a copy of the proposed Immigration and Refugee Protection Regulations to be laid before each House of Parliament, substantially in the form set out in the annexed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 5(1) of the Immigration and Refugee Protection Acta and paragraphs 19(1)(a)Footnote b and 19.1(a)b and subsection 20(2) of the Financial Administration Act, and, considering that it is in the public interest to do so, subsection 23(2.1)Footnote c of that Act, hereby makes the annexed Immigration and Refugee Protection Regulations.

PART 1Interpretation and Application

DIVISION 1Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in the Act and in these Regulations.

    common-law partner

    conjoint de fait

    common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

    excessive demand

    fardeau excessif

    excessive demand means

    • (a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required by these Regulations, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or

    • (b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents. (fardeau excessif)

    health services

    services de santé

    health services means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care. (services de santé)

    social services

    services sociaux

    social services means any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,

    • (a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and

    • (b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies. (services sociaux)

    student

    étudiant

    student means a person who is authorized by a study permit or these Regulations to engage in studies in Canada and who is studying or intends to study in Canada. (étudiant)

    studies

    études

    studies means studies undertaken at a university or college, or any course of academic, professional or vocational training. (études)

    study permit

    permis d’études

    study permit means a written authorization to engage in studies in Canada issued by an officer to a foreign national. (permis d’études)

  • Marginal note:Interpretation — common-law partner

    (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

  • Definition of family member

    (3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than sections 159.1 and 159.5, family member in respect of a person means

    • (a) the spouse or common-law partner of the person;

    • (b) a dependent child of the person or of the person’s spouse or common-law partner; and

    • (c) a dependent child of a dependent child referred to in paragraph (b).

  • SOR/2004-217, s. 1
  • SOR/2009-163, s. 1(E)

Marginal note:Interpretation

 The definitions in this section apply in these Regulations.

Act

Loi

Act means the Immigration and Refugee Protection Act. (Loi)

administration fee

frais administratifs

administration fee means an administration fee that represents a portion of the total average costs incurred by Her Majesty in right of Canada in respect of foreign nationals referred to in subsection 279(1), and includes the costs relating to

  • (a) examinations;

  • (b) detention;

  • (c) investigations and admissibility hearings in respect of inadmissible foreign nationals;

  • (d) fingerprinting, photographing and the verification of documents with other governments and national or international police agencies;

  • (e) translation and interpretation; and

  • (f) proceedings before the Immigration Division. (frais administratifs)

agent

mandataire

agent includes

  • (a) for the purposes of section 148 of the Act, any person in Canada who provides services as a representative of a vehicle owner, a vehicle operator or a charterer; and

  • (b) for the purposes of paragraph 148(1)(d) of the Act, in addition to the person referred to in paragraph (a), a travel agent, a charterer, and an operator or owner of a reservation system. (mandataire)

authorized representative

représentant autorisé

authorized representative means a member in good standing of a bar of a province, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants incorporated under Part II of the Canada Corporations Act on October 8, 2003. (représentant autorisé)

Canadian citizen

citoyen canadien

Canadian citizen means a citizen referred to in subsection 3(1) of the Citizenship Act. (citoyen canadien)

commercial transporter

transporteur commercial

commercial transporter means a transporter who operates a commercial vehicle. (transporteur commercial)

commercial vehicle

véhicule commercial

commercial vehicle means a vehicle that is used by a commercial transporter for commercial purposes. (véhicule commercial)

conjugal partner

partenaire conjugal

conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. (partenaire conjugal)

Department

ministère

Department means the Department of Citizenship and Immigration. (ministère)

dependent child

enfant à charge

dependent child, in respect of a parent, means a child who

  • (a) has one of the following relationships with the parent, namely,

    • (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

    • (ii) is the adopted child of the parent; and

  • (b) is in one of the following situations of dependency, namely,

    • (i) is less than 22 years of age and not a spouse or common-law partner,

    • (ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student

      • (A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and

      • (B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or

    • (iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)

guardianship

guardianship [Repealed, SOR/2005-61, s. 1]

Hague Convention on Adoption

Convention sur l'adoption

Hague Convention on Adoption means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995. (Convention sur l'adoption)

Indian

Indien

Indian means any person registered as an Indian under the Indian Act. (Indien)

in-transit passenger

passager en transit

in-transit passenger means a person who arrives by aircraft at a Canadian airport from any country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada. (passager en transit)

in-transit preclearance passenger

passager en transit bénéficiant d'un précontrôle

in-transit preclearance passenger means an in-transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act. (passager en transit bénéficiant d'un précontrôle)

live-in caregiver

aide familial

live-in caregiver means a person who resides in and provides child care, senior home support care or care of the disabled without supervision in the private household in Canada where the person being cared for resides. (aide familial)

marriage

mariage

marriage, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law. (mariage)

minimum necessary income

revenu vital minimum

minimum necessary income means the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number to the total number of the following persons:

  • (a) a sponsor and their family members,

  • (b) the sponsored foreign national, and their family members, whether they are accompanying the foreign national or not, and

  • (c) every other person, and their family members,

    • (i) in respect of whom the sponsor has given or co-signed an undertaking that is still in effect, and

    • (ii) in respect of whom the sponsor's spouse or common-law partner has given or co-signed an undertaking that is still in effect, if the sponsor's spouse or common-law partner has co-signed with the sponsor the undertaking in respect of the foreign national referred to in paragraph (b). (revenu vital minimum)

Minister

ministre

Minister means the Minister referred to in section 4 of the Act. (ministre)

National Occupational Classification

Classification nationale des professions

National Occupational Classification means the National Occupational Classification published by the Department of Human Resources Development, as amended from time to time. (Classification nationale des professions)

officer

agent

officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)

port of entry

point d'entrée

port of entry means

  • (a) a place set out in Schedule 1; and

  • (b) a place designated by the Minister under section 26 as a port of entry, on the dates and during the hours of operation designated for that place by the Minister. (point d'entrée)

relative

membre de la parenté

relative means a person who is related to another person by blood or adoption. (membre de la parenté)

social assistance

assistance sociale

social assistance means any benefit in the form of money, goods or services provided to or on behalf of a person by a province under a program of social assistance, including a program of social assistance designated by a province to provide for basic requirements including food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care, including dental care and eye care. (assistance sociale)

sterile transit area

espace de transit isolé

sterile transit area means an area in an airport where in-transit passengers, in-transit preclearance passengers or goods that are in transit or precontrolled are physically separated from other passengers and goods. (espace de transit isolé)

transporter

transporteur

transporter means

  • (a) a person who owns, operates, charters or manages a vehicle or a fleet of vehicles and an agent for that person;

  • (b) a person who owns or operates an international tunnel or bridge and an agent for that person; or

  • (c) a designated airport authority within the meaning of subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act and an agent for that authority. (transporteur)

vehicle

véhicule

vehicle means a means of transportation that may be used for transportation by water, land or air. (véhicule)

vessel

bâtiment

vessel means a vessel within the meaning of section 2 of the Canada Shipping Act. (bâtiment)

work

travail

work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. (travail)

work permit

permis de travail

work permit means a written authorization to work in Canada issued by an officer to a foreign national. (permis de travail)

  • SOR/2004-59, s. 1
  • SOR/2004-167, s. 1
  • SOR/2005-61, s. 1

Marginal note:Interpretation — member of a crew

  •  (1) For the purposes of these Regulations,

    • (a) member of a crew means a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew, but does not include

      • (i) any person whose fare is waived in exchange for work to be performed during the voyage or trip,

      • (ii) any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada, or

      • (iii) any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or other members of the crew; and

    • (b) a person ceases to be a member of a crew if

      • (i) they have deserted;

      • (ii) an officer believes on reasonable grounds that they have deserted;

      • (iii) they have been hospitalized and have failed to return to the means of transportation or leave Canada after leaving the hospital, or

      • (iv) they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties.

  • Marginal note:Interpretation — adoption

    (2) For the purposes of these Regulations, adoption, for greater certainty, means an adoption that creates a legal parent-child relationship and severs the pre-existing legal parent-child relationship.

  • SOR/2004-167, s. 2

DIVISION 2Family Relationships

Marginal note:Bad faith

 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, a conjugal partner or an adopted child of a person if the marriage, common-law partnership, conjugal partnership or adoption is not genuine and was entered into primarily for the purpose of acquiring any status or privilege under the Act.

  • SOR/2004-167, s. 3(E)

Marginal note:New relationship

 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

  • SOR/2004-167, s. 4

Marginal note:Excluded relationships

 For the purposes of these Regulations, a foreign national shall not be considered

  • (a) the spouse or common-law partner of a person if the foreign national is under the age of 16 years; or

  • (b) the spouse of a person if

    • (i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

    • (ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person.

PART 2General Requirements

DIVISION 1Documents Required Before Entry

Marginal note:Permanent resident

 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.

Marginal note:Temporary resident

  •  (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who

    • (a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;

    • (b) holds a temporary resident permit issued under subsection 24(1) of the Act; or

    • (c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada.

  • Marginal note:When certificat d’acceptation du Québec required

    (3) In addition to any visa required under this section, a foreign national who is seeking to enter and remain in Canada on a temporary basis to receive medical treatment in the Province of Quebec must hold a certificat d’acceptation du Québec if the laws of that Province require the foreign national to hold that document.

Marginal note:Work permit

  •  (1) A foreign national may not enter Canada to work without first obtaining a work permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit

  •  (1) A foreign national may not enter Canada to study without first obtaining a study permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.

DIVISION 2Applications

Marginal note:Form and content of application

  •  (1) Subject to paragraphs 28(b) to (d), an application under these Regulations shall

    • (a) be made in writing using the form provided by the Department, if any;

    • (b) be signed by the applicant;

    • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

    • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

    • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

  • Marginal note:Required information

    (2) The application shall, unless otherwise provided by these Regulations,

    • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

    • (b) indicate whether they are applying for a visa, permit or authorization;

    • (c) indicate the class prescribed by these Regulations for which the application is made; and

    • (c.1) include the name, postal address and telephone number of any person who represents the applicant, and the person's fax number and electronic mail address, if any;

    • (c.2) if the person who represents the applicant is charging a fee for representation, include

      • (i) the name of the organization referred to in the definition authorized representative of which the person is a member, and

      • (ii) the membership identification number issued by that organization to the person; and

    • (d) include a declaration that the information provided is complete and accurate.

  • Marginal note:Application of family members

    (3) The application is considered to be an application made for the principal applicant and their accompanying family members.

  • Marginal note:Sponsorship application

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

  • Marginal note:Multiple applications

    (5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

  • Marginal note:Invalid sponsorship application

    (6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

  • SOR/2004-59, s. 2
  • SOR/2004-167, s. 5

Marginal note:Place of application for permanent resident visa

  •  (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves

    • (a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

    • (b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

  • Marginal note:Place of application for temporary resident visa, work permit or study permit

    (2) An application for a temporary resident visa — or an application for a work permit or study permit that under these Regulations must be made outside of Canada — must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,

    • (a) the country in which the applicant is present and has been lawfully admitted; or

    • (b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

  • Marginal note:Applications to remain in Canada as permanent residents

    (3) An application to remain in Canada as a permanent resident as a member of one of the classes referred to in section 65 or subsection 72(2), and an application to remain in Canada referred to in subsection 175(1), must be made to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

  • Marginal note:Applications for permanent resident cards

    (4) An applicant for a permanent resident card must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

  • Marginal note:Sponsorship applications

    (5) A person who applies to sponsor a foreign national must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

  • SOR/2004-167, s. 6

Marginal note:Return of an application

 If the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of the application shall be returned to the applicant.

DIVISION 3Documents and Certified Copies

Marginal note:Production of documents

  •  (1) Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met

    • (a) by producing the original document;

    • (b) by producing a certified copy of the original document; or

    • (c) in the case of an application, if there is an application form on the Department’s website, by completing and producing the form printed from the website or by completing and submitting the form on-line, if the website indicates that the form can be submitted on-line.

  • Marginal note:Exception

    (2) Unless these Regulations provide otherwise, a passport, a permanent resident visa, a permanent resident card, a temporary resident visa, a temporary resident permit, a work permit or a study permit may be produced only by producing the original document.

DIVISION 4Representation for a Fee

Marginal note:Representation for a fee

  •  (1) Subject to subsection (2), no person who is not an authorized representative may, for a fee, represent, advise or consult with a person who is the subject of a proceeding or application before the Minister, an officer or the Board.

  • Marginal note:Exception

    (2) A person who is not an authorized representative may, for a period of four years after the coming into force of this section, continue for a fee to represent, advise or consult with a person who is the subject of a proceeding or application before the Minister, an officer or the Board, if

    • (a) the person was providing any of those services to the person who is the subject of the proceeding or application on the coming into force of this section; and

    • (b) the proceeding or application is the same proceeding or application that was before the Minister, an officer or the Board on the coming into force of this section.

  • Marginal note:Students-at-law

    (3) A student-at-law shall not be deemed under subsection (1) to be representing, advising or consulting for a fee if the student-at-law is acting under the supervision of a member in good standing of a bar of a province or the Chambre des notaires du Québec who represents, advises or consults with the person who is the subject of the proceeding or application.

  • SOR/2004-59, s. 3

PART 3Inadmissibility

Marginal note:Application of par. 34(1)(c) of the Act

 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact:

  • (a) a determination by the Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

  • (b) a decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.

Marginal note:Application of par. 35(1)(a) of the Act

 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact:

  • (a) a decision concerning the foreign national or permanent resident that is made by any international criminal tribunal that is established by resolution of the Security Council of the United Nations, or the International Criminal Court as defined in the Crimes Against Humanity and War Crimes Act;

  • (b) a determination by the Board, based on findings that the foreign national or permanent resident has committed a war crime or a crime against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

  • (c) a decision by a Canadian court under the Criminal Code or the Crimes Against Humanity and War Crimes Act concerning the foreign national or permanent resident and a war crime or crime against humanity committed outside Canada.

Marginal note:Application of par. 35(1)(b) of the Act

 For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official in the service of a government is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes

  • (a) heads of state or government;

  • (b) members of the cabinet or governing council;

  • (c) senior advisors to persons described in paragraph (a) or (b);

  • (d) senior members of the public service;

  • (e) senior members of the military and of the intelligence and internal security services;

  • (f) ambassadors and senior diplomatic officials; and

  • (g) members of the judiciary.

Marginal note:Prescribed period

 For the purposes of paragraph 36(3)(c) of the Act, the prescribed period is five years

  • (a) after the completion of an imposed sentence, in the case of matters referred to in paragraphs 36(1)(b) and (2)(b) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act; and

  • (b) after committing an offence, in the case of matters referred to in paragraphs 36(1)(c) and (2)(c) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.

Marginal note:Rehabilitation

  •  (1) For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is a prescribed class.

  • Marginal note:Members of the class

    (2) The following persons are members of the class of persons deemed to have been rehabilitated:

    • (a) persons who have been convicted outside Canada of no more than one offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,

      • (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,

      • (ii) at least 10 years have elapsed since the day after the completion of the imposed sentence,

      • (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

      • (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (v) the person has not within the last 10 years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and

      • (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act;

    • (b) persons convicted outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if all of the following conditions apply, namely,

      • (i) at least five years have elapsed since the day after the completion of the imposed sentences,

      • (ii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

      • (iii) the person has not within the last five years been convicted in Canada of an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (iv) the person has not within the last five years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (v) the person has not before the last five years been convicted in Canada of more than one summary conviction offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (vi) the person has not been convicted of an offence referred to in paragraph 36(2)(b) of the Act that, if committed in Canada, would constitute an indictable offence, and

      • (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act; and

    • (c) persons who have committed no more than one act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,

      • (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,

      • (ii) at least 10 years have elapsed since the day after the commission of the offence,

      • (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

      • (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (v) the person has not within the last 10 years been convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

      • (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and

      • (vii) the person has not been convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.

  • SOR/2004-167, s. 7

Marginal note:Prescribed class

  •  (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of the Act.

  • Marginal note:Exemption

    (2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences.

  • SOR/2004-167, s. 8

Marginal note:Transborder crime

 For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed:

Marginal note:Assessment of inadmissibility on health grounds

 An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 29 to 34 and the officer concluded that the foreign national’s health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand.

Marginal note:Financial reasons

 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.

Marginal note:Misrepresentation

 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act.

Marginal note:Prescribed circumstances — family members

 For the purposes of paragraph 42(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

  • (a) the foreign national has made an application for a permanent resident visa or to remain in Canada as a permanent resident; and

  • (b) the non-accompanying family member is

    • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

    • (ii) the common-law partner of the foreign national,

    • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

    • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.

Marginal note:Exception to excessive demand

 For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

  • (a) in respect of the sponsor, their conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or

  • (b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.

  • SOR/2005-61, s. 2

PART 4Procedures

DIVISION 1Visa Issuance

Marginal note:When unenforced removal order

 A visa shall not be issued to a foreign national who is subject to an unenforced removal order.

DIVISION 2Authorization to Enter Canada

Marginal note:Designation of ports of entry

 The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation:

  • (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration;

  • (b) the need for the Department’s services in that area;

  • (c) the operational requirements of commercial transporters; and

  • (d) administrative arrangements with other departments or agencies of the Government of Canada.

Marginal note:Obligation on entry

  •  (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry.

  • Marginal note:Seeking entry at a place other than a port of entry

    (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place.

  • Marginal note:Refused entry elsewhere

    (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.

DIVISION 3Conduct of Examination

General

Marginal note:Examination

 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by

  • (a) submitting an application in writing;

  • (b) seeking to enter Canada;

  • (c) seeking to transit through Canada as provided in section 35; or

  • (d) making a claim for refugee protection.

Marginal note:Medical examination

 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:

  • (a) physical examination;

  • (b) mental examination;

  • (c) review of past medical history;

  • (d) laboratory test;

  • (e) diagnostic test; and

  • (f) medical assessment of records respecting the applicant.

Marginal note:Medical examination required

  •  (1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are requested to submit, and must submit, to a medical examination:

    • (a) foreign nationals who are applying for a permanent resident visa or applying to remain in Canada as a permanent resident as well as their family members, whether accompanying or not;

    • (b) foreign nationals who are seeking to work in Canada in an occupation in which the protection of public health is essential;

    • (c) foreign nationals who

      • (i) are seeking entry into Canada or applying for renewal of their work or study permit or authorization to remain in Canada as a temporary resident for a period in excess of six consecutive months, including an actual or proposed period of absence from Canada of less than 14 days, and

      • (ii) have resided or sojourned for a period of six consecutive months, at any time during the one-year period immediately preceding the date they sought entry or made their application, in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada;

    • (d) foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act;

    • (e) foreign nationals who claim refugee protection in Canada; and

    • (f) foreign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection 112(1) of the Act, other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

    • (b) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

    • (c) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

    • (d) a family member of a protected person, if the family member is not included in the protected person's application to remain in Canada as a permanent resident; and

    • (e) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada.

  • Marginal note:Subsequent examination

    (3) Every foreign national who has undergone a medical examination under subsection (1) is requested to submit, and must submit, to a new medical examination before entering Canada if, after being authorized to enter and remain in Canada, they have resided or stayed for a period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

  • Marginal note:Medical certificate

    (4) Every foreign national referred to in subsection (1) who seeks to enter Canada must hold a medical certificate, based on the most recent medical examination to which they were required to submit under that subsection within the previous 12 months, that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.

  • SOR/2004-167, s. 9

Marginal note:Public health

 Before concluding whether a foreign national’s health condition is likely to be a danger to public health, an officer who is assessing the foreign national’s health condition shall consider

  • (a) any report made by a health practitioner or medical laboratory with respect to the foreign national;

  • (b) the communicability of any disease that the foreign national is affected by or carries; and

  • (c) the impact that the disease could have on other persons living in Canada.

Marginal note:Conditions

 In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any foreign national who is requested to and must submit to a medical examination under subsection 16(2) of the Act or section 30 of these Regulations:

  • (a) to report at the specified times and places for medical examination, surveillance or treatment; and

  • (b) to provide proof, at the specified times and places, of compliance with the conditions imposed.

Marginal note:Public safety

 Before concluding whether a foreign national’s health condition is likely to be a danger to public safety, an officer who is assessing the foreign national’s health condition shall consider

  • (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

  • (b) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada.

Marginal note:Excessive demand

 Before concluding whether a foreign national’s health condition might reasonably be expected to cause excessive demand, an officer who is assessing the foreign national’s health condition shall consider

  • (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

  • (b) any condition identified by the medical examination.

Marginal note:Transit

  •  (1) Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada:

    • (a) in airports where there are United States’ in-transit preclearance facilities, in-transit preclearance passengers; and

    • (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area.

  • Marginal note:Obligatory examination

    (2) Any person seeking to leave a sterile transit area must appear immediately for examination.

Marginal note:Actions not constituting a complete examination

 An inspection carried out aboard a means of transportation bringing persons to Canada or the questioning of persons embarking on or disembarking from a means of transportation, or the examination of any record or document respecting such persons before they appear for examination at a port of entry, is part of an examination but does not constitute a complete examination.

Marginal note:End of examination

 The examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when

  • (a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;

  • (b) if the person is an in-transit passenger, the person departs from Canada;

  • (c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or

  • (d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.

  • SOR/2004-167, s. 10(F)

Alternative Means of Examination

Marginal note:Means

 For the purposes of subsection 18(1) of the Act, the following persons may — unless otherwise directed by an officer — be examined by the means indicated as alternative to appearing for an examination by an officer at a port of entry:

  • (a) persons who have previously been examined and hold an authorization issued under section 11.1 of the Customs Act, in which case examination is effected by the presentation of the authorization by those persons at a port of entry;

  • (b) persons who are seeking to enter Canada at a port of entry where facilities are in place for automatic screening of persons seeking to enter Canada, in which case examination is performed by automatic screening;

  • (c) persons who leave Canada and proceed directly to a marine installation or structure to which the Oceans Act applies, and who return directly to Canada from the installation or structure without entering the territorial waters of a foreign state, in which case examination is conducted by an officer by telephone or other means of telecommunication;

  • (d) members of a crew of a ship that transports oil or liquid natural gas and that docks at a marine installation or structure to which the Oceans Act applies, for the purpose of loading oil or liquid natural gas, in which case examination is conducted by an officer by telephone or other means of telecommunication;

  • (e) members of a crew of a ship registered in a foreign country, other than members of a crew referred to in paragraph (d), in which case examination is conducted by an officer by telephone or other means of telecommunication;

  • (f) members of a crew of a ship registered in Canada, in which case examination is conducted by an officer by telephone or other means of telecommunication;

  • (g) citizens or permanent residents of Canada or the United States who are seeking to enter Canada at remote locations where no officer is assigned or where there are no means by which the persons may report for examination, in which case examination is conducted by an officer by telephone or other means of telecommunication; and

  • (h) citizens or permanent residents of Canada or the United States who seek to enter Canada at places, other than a port of entry, where no officer is assigned, in which case examination is conducted by an officer by telephone or other means of telecommunication.

Permitted Entry

Marginal note:Entry permitted

 An officer shall allow the following persons to enter Canada following an examination:

  • (a) persons who have been returned to Canada as a result of a refusal of another country to allow them entry after they were removed from or otherwise left Canada after a removal order was made against them;

  • (b) persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who, immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order; and

  • (c) persons who are in possession of refugee travel papers issued to them by the Minister of Foreign Affairs that are valid for return to Canada.

Conduct of Examination Measures

Marginal note:Direction to leave

  •  (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada.

  • Marginal note:Service

    (2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada.

  • Marginal note:Ceasing to have effect

    (3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.

Marginal note:Direct back

 Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return temporarily to the United States if

  • (a) no officer is able to complete an examination;

  • (b) the Minister is not available to consider, under subsection 44(2) of the Act, a report prepared with respect to the person; or

  • (c) an admissibility hearing cannot be held by the Immigration Division.

Marginal note:Withdrawing application

  •  (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.

  • Marginal note:Exception — report

    (2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister does not make a removal order or refer the report to the Immigration Division for an admissibility hearing.

  • Marginal note:Obligation to confirm departure

    (3) A foreign national who is allowed to withdraw their application to enter Canada must appear without delay before an officer at a port of entry to confirm their departure from Canada.

Application of Section 23 of the Act

Marginal note:Conditions

  •  (1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act:

    • (a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing;

    • (b) to not engage in any work in Canada;

    • (c) to not attend any educational institution in Canada; and

    • (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada.

  • Marginal note:Effect of authorization to enter

    (2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident.

Obligation to Appear at an Admissibility Hearing

Marginal note:Class

  •  (1) The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons.

  • Marginal note:Members

    (2) The members of the class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act are the persons who are the subject of such a report.

  • Marginal note:Obligation

    (3) Every member of the class prescribed under subsection (1) must appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.

Deposits or Guarantees

Marginal note:Deposit or guarantee required on entry

  •  (1) An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any conditions imposed.

  • Marginal note:Amount

    (2) The amount of the deposit or guarantee is fixed by an officer on the basis of

    • (a) the financial resources of the person or group;

    • (b) the obligations that result from the conditions imposed;

    • (c) the costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and

    • (d) in the case of a guarantee, the costs that would likely be incurred to enforce it.

  • SOR/2004-167, s. 11(F)

Marginal note:Application

 Sections 47 to 49 apply to deposits and guarantees required under subsection 44(3), section 56 and subsection 58(3) of the Act and section 45 of these Regulations.

Marginal note:General requirements

  •  (1) A person who pays a deposit or posts a guarantee

    • (a) must not have signed or co-signed another guarantee that is in default; and

    • (b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted.

  • Marginal note:Requirements if guarantee posted

    (2) A person who posts a guarantee must

    • (a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;

    • (b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and

    • (c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.

  • Marginal note:Money illegally obtained

    (3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee.

  • SOR/2004-167, s. 12(F)

Marginal note:Conditions if guarantee posted

  •  (1) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a guarantee is required:

    • (a) to provide the Department with the address of the person posting the guarantee and to advise the Department before any change in that address; and

    • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

  • Marginal note:Conditions if deposit paid

    (2) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a deposit is required:

    • (a) to provide the Department with their address and to advise the Department before any change in that address; and

    • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

Marginal note:Acknowledgment of consequences of failure to comply with conditions

  •  (1) A person who pays a deposit or posts a guarantee must acknowledge in writing

    • (a) that they have been informed of the conditions imposed; and

    • (b) that they have been informed that non-compliance with any conditions imposed will result in the forfeiture of the deposit or enforcement of the guarantee.

  • Marginal note:Receipt

    (2) An officer shall issue a receipt for the deposit or a copy of the guarantee, and a copy of the conditions imposed.

  • Marginal note:Return of deposit

    (3) The Department shall return the deposit paid on being informed by an officer that the person or group of persons in respect of whom the deposit was required has complied with the conditions imposed.

  • Marginal note:Breach of condition

    (4) A sum of money deposited is forfeited, or a guarantee posted becomes enforceable, on the failure of the person or any member of the group of persons in respect of whom the deposit or guarantee was required to comply with a condition imposed.

  • SOR/2004-167, s. 13(F)

Documents Required

Marginal note:Documents — permanent residents

  •  (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold

    • (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;

    • (b) a travel document that was issued by the country of which the foreign national is a citizen or national;

    • (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

    • (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;

    • (e) a passport or travel document that was issued by the Palestinian Authority;

    • (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;

    • (g) a British National (Overseas) passport that was issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong; or

    • (h) a passport that was issued by the Government of Hong Kong Special Administrative Region of the People's Republic of China.

  • Marginal note:Exception — protected persons

    (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).

  • Marginal note:Unacceptable documents

    (3) The following documents are not considered passports or identity or travel documents for the purposes of this section:

    • (a) any passport or identity or travel document purporting to have been issued by Bophuthatswana, Ciskei, Transkei or Venda;

    • (b) any passport or identity or travel document purporting to have been issued by the All Palestine Government;

    • (c) any passport that was issued by the Government of the United Kingdom and is entitled "British Visitor's Passport"; and

    • (d) any passport purporting to have been issued by Somalia.

  • SOR/2008-253, s. 1

Marginal note:Examination — permanent residents

 A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,

  • (a) inform the officer if

    • (i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or

    • (ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and

  • (b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.

  • SOR/2008-253, s. 2

Marginal note:Documents — temporary residents

  •  (1) In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized for their stay:

    • (a) a passport that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

    • (b) a travel document that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

    • (c) an identity or travel document that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

    • (d) a laissez-passer that was issued by the United Nations;

    • (e) a passport or travel document that was issued by the Palestinian Authority;

    • (f) a document that was issued by the Organization of American States and is entitled “Official Travel Document”;

    • (g) a passport that was issued by the Government of the United Kingdom to a British Overseas Citizen;

    • (h) a British National (Overseas) passport that was issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong; and

    • (i) a passport that was issued by the Government of Hong Kong Special Administrative Region of the People’s Republic of China.

  • (1.1) [Repealed, SOR/2003-260, s. 1]

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to

    • (a) citizens of the United States;

    • (b) persons seeking to enter Canada from the United States or St. Pierre and Miquelon who have been lawfully admitted to the United States for permanent residence;

    • (c) residents of Greenland seeking to enter Canada from Greenland;

    • (d) persons seeking to enter Canada from St. Pierre and Miquelon who are citizens of France and residents of St. Pierre and Miquelon;

    • (e) members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act who are seeking entry in order to carry out official duties, other than persons who have been designated as a civilian component of those armed forces;

    • (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or

    • (g) persons seeking to enter Canada as members of a crew who hold a seafarer’s identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada.

  • Marginal note:Unacceptable documents

    (3) The following documents are not considered passports or identity or travel documents for the purposes of this section:

    • (a) any passport or identity or travel document purporting to have been issued by Bophuthatswana, Ciskei, Transkei or Venda;

    • (b) any passport or identity or travel document purporting to have been issued by the All Palestine Government;

    • (c) any passport that was issued by the Government of the United Kingdom and is entitled “British Visitor’s Passport”; and

    • (d) any passport purporting to have been issued by Somalia.

  • SOR/2003-197, s. 1
  • SOR/2003-260, s. 1
  • SOR/2004-167, s. 14(F)

PART 5Permanent Residents

DIVISION 1Permanent Resident Cards

Marginal note:Document indicating status

  •  (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is

    • (a) provided by the Department to a person who has become a permanent resident under the Act; or

    • (b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.

  • Marginal note:Property of Her Majesty

    (2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department’s request.

  • SOR/2004-167, s. 15

Marginal note:Period of validity

  •  (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.

  • Marginal note:Exception

    (2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident

    • (a) is subject to the process set out in paragraph 46(1)(b) of the Act;

    • (b) is the subject of a report prepared under subsection 44(1) of the Act;

    • (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or

    • (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

Marginal note:Delivery

 A permanent resident card shall only be provided or issued in Canada.

  •  (1) [Repealed, SOR/2008-188, s. 1]

  • Marginal note:Application for a card

    (2) An application for a permanent resident card must be made in Canada and include

    • (a) an application form that contains the following information, namely,

      • (i) the applicant’s name and date and place of birth,

      • (ii) the applicant’s gender, height and eye colour,

      • (iii) the date on which and the place where the applicant became a permanent resident,

      • (iv) the applicant’s mailing address,

      • (v) the addresses of all of the applicant’s places of residence during the previous five years,

      • (vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years,

      • (vii) the periods during the previous five years that the applicant was absent from Canada,

      • (viii) [Repealed, SOR/2008-188, s. 1]

      • (ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and

      • (x) whether the applicant has lost their permanent resident status or has been issued a removal order;

    • (b) [Repealed, SOR/2008-188, s. 1]

    • (c) a copy of

      • (i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,

      • (ii) a certificate of identity issued in Canada to the applicant by the Minister of Foreign Affairs, or

      • (iii) refugee travel papers issued in Canada to the applicant by the Minister of Foreign Affairs;

    • (d) a copy of

      • (i) the form IMM1000, entitled “Record of Landing”, held by the applicant,

      • (ii) a provincial driver’s license held by the applicant,

      • (iii) a photo-identity card held by the applicant and issued by a province,

      • (iv) a student card held by the applicant and issued by a provincially accredited college or university, or

      • (v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and

    • (e) two identical photographs that

      • (i) were taken not more than 12 months before the application was made,

      • (ii) [Repealed, SOR/2008-188, s. 1]

      • (iii) are in black and white or colour on paper,

      • (iv) show a full front view of the applicant’s head and shoulders and have a white background,

      • (v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,

      • (vi) show the applicant’s face unobscured by sunglasses or any other object, and

      • (vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).

  • (3) [Repealed, SOR/2008-188, s. 1]

  • SOR/2004-167, s. 16
  • SOR/2008-188, s. 1

Marginal note:Applicants

  •  (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.

  • Marginal note:Minor applicants 14 years of age or more

    (2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless

    • (a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or

    • (b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.

  • Marginal note:Minor applicants less than 14 years of age

    (3) The application of a child who is less than 14 years of age must be signed by one of their parents unless

    • (a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or

    • (b) the parents are deceased, in which case the person legally responsible for the child must sign the application.

Marginal note:Providing address within 180 days

  •  (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after their entry into Canada, their address in Canada and, on the request of an officer,

    • (a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and

    • (b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless

      • (i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or

      • (ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.

  • Marginal note:Issuance after 180 days

    (2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.

  • Marginal note:Attendance required

    (3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.

  • Marginal note:Document verification

    (4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

  • SOR/2004-167, s. 17

Marginal note:Issuance of new permanent resident card

  •  (1) An officer shall, on application, issue a new permanent resident card if

    • (a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;

    • (b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;

    • (c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4); and

    • (d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.

  • Marginal note:Issuance of new permanent resident card — effect

    (2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

  • SOR/2004-167, s. 18

Marginal note:Revocation

 A permanent resident card is revoked if

  • (a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;

  • (b) the permanent resident card is lost, stolen or destroyed; or

  • (c) the permanent resident is deceased.

DIVISION 2Residency Obligation

Marginal note:Canadian business

  •  (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

    • (a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

    • (b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

      • (i) that is capable of generating revenue and is carried on in anticipation of profit, and

      • (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

    • (c) an organization or enterprise created under the laws of Canada or a province.

  • Marginal note:Exclusion

    (2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

  • Marginal note:Employment outside Canada

    (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to

    • (a) a position outside Canada;

    • (b) an affiliated enterprise outside Canada; or

    • (c) a client of the Canadian business or the public service outside Canada.

  • Marginal note:Accompanying outside Canada

    (4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

  • Marginal note:Compliance

    (5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

  • Marginal note:Child

    (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, a child means a child of a parent referred to in those subparagraphs, who is not and has never been a spouse or common-law partner and is less than 22 years of age.

  • SOR/2009-290, s. 1(E)

Marginal note:Calculation — residency obligation

  •  (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

    • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

    • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

  • Marginal note:Exception

    (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

 A temporary resident permit is valid until any one of the following events occurs:

  • (a) the permit is cancelled under subsection 24(1) of the Act;

  • (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

  • (c) the period of validity specified on the permit expires; or

  • (d) a period of three years elapses from its date of validity.

DIVISION 4Permit Holders Class

Marginal note:Permit holder class

 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

  • SOR/2004-167, s. 19(E)

Marginal note:Member of class

 A foreign national is a permit holder and a member of the permit holder class if

  • (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

  • (b) they have continuously resided in Canada as a permit holder for a period of

    • (i) at least three years, if they

      • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

      • (B) are inadmissible under paragraph 42(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

      • (C) are inadmissible under paragraph 42(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

        • (I) under subsection 38(1) of the Act, or

        • (II) under paragraph 42(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

    • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

  • (c) they have not become inadmissible on any ground since the permit was issued; and

  • (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • SOR/2004-167, s. 20

Marginal note:Becoming a permanent resident

  •  (1) A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

    • (a) they have applied to remain in Canada as a permanent resident as a member of that class;

    • (b) they are in Canada to establish permanent residence;

    • (c) they meet the selection criteria and other requirements applicable to that class;

    • (d) they hold

      • (i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

      • (ii) a medical certificate, based on the most recent medical examination to which they were required to submit under these Regulations within the previous 12 months, that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and

    • (e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

  • Marginal note:Criteria in the Province of Quebec

    (2) For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • Marginal note:Foreign nationals without a passport or other travel document

    (3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

    • (a) a protected person within the meaning of subsection 95(2) of the Act;

    • (b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

      • (i) no determination has been made to vacate that determination, or

      • (ii) no determination has been made that the person ceased to be a Convention refugee; and

    • (c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

  • Marginal note:Alternative documents

    (4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

  • SOR/2004-167, s. 21

DIVISION 5Humanitarian and Compassionate Considerations

Marginal note:Request

 A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa.

Marginal note:Applicant outside Canada

 If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and

  • (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

  • (b) the foreign national is not otherwise inadmissible; and

  • (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 80(F)

Marginal note:Applicant in Canada

 If an exemption from paragraphs 72(1)(a), (c) and (d) is granted under subsection 25(1) of the Act with respect to a foreign national in Canada who has made the applications referred to in section 66, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements set out in paragraphs 72(1)(b) and (e) and

  • (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

  • (b) the foreign national is not otherwise inadmissible; and

  • (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 22

Marginal note:Accompanying family member outside Canada

  •  (1) A foreign national who is an accompanying family member of a foreign national to whom a permanent resident visa is issued under section 67 shall be issued a permanent resident visa if, following an examination, it is established that

    • (a) the accompanying family member is not inadmissible; and

    • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

  • Marginal note:Accompanying family member in Canada

    (2) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under section 68 shall become a permanent resident if the accompanying family member is in Canada and, following an examination, it is established that

    • (a) the accompanying family member is not inadmissible; and

    • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

  • SOR/2004-167, s. 23

DIVISION 6Permanent Resident Visa

Marginal note:Issuance

  •  (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

    • (a) the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);

    • (b) the foreign national is coming to Canada to establish permanent residence;

    • (c) the foreign national is a member of that class;

    • (d) the foreign national meets the selection criteria and other requirements applicable to that class; and

    • (e) the foreign national and their family members, whether accompanying or not, are not inadmissible.

  • Marginal note:Classes

    (2) The classes are

    • (a) the family class;

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

    • (c) the Convention refugees abroad class, the country of asylum class and the source country class.

  • Marginal note:Criteria in the Province of Quebec

    (3) For the purposes of paragraph (1)(d), the selection criterion for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with the provincial selection criteria.

  • Marginal note:Accompanying family members

    (4) A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa shall be issued a permanent resident visa if, following an examination, it is established that

    • (a) the accompanying family member is not inadmissible; and

    • (b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the family member complies with the provincial selection criteria.

  • Marginal note:Family member

    (5) If a permanent resident visa is not issued to a child as an accompanying family member of a foreign national or the foreign national's spouse or common-law partner, a permanent resident visa shall not be issued to a child of that child as an accompanying family member of the foreign national.

  • SOR/2003-383, s. 1
  • SOR/2008-254, s. 1

Marginal note:Issuance — particular Quebec selection cases

 An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that

  • (a) the foreign national has applied for a permanent resident visa in accordance with these Regulations, other than paragraph 10(2)(c);

  • (b) the foreign national may not be issued a permanent resident visa under subsection 176(2) and is not a member of any class of persons prescribed by these Regulations who may become permanent residents or be issued permanent resident visas;

  • (c) the foreign national is named in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, as amended from time to time, is a foreign national in a particularly distressful situation; and

  • (d) the foreign national and their family members, whether accompanying or not, are not inadmissible.

  • SOR/2004-167, s. 24(F)

DIVISION 7Becoming a Permanent Resident

Marginal note:Foreign nationals outside Canada

  •  (1) A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry.

  • Marginal note:Foreign nationals in Canada as temporary residents

    (2) A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.

  • SOR/2008-253, s. 3

Marginal note:Obtaining status

  •  (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that

    • (a) they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2);

    • (b) they are in Canada to establish permanent residence;

    • (c) they are a member of that class;

    • (d) they meet the selection criteria and other requirements applicable to that class;

    • (e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,

      • (i) they and their family members, whether accompanying or not, are not inadmissible,

      • (ii) they hold a document described in any of paragraphs 50(1)(a) to (h), and

      • (iii) they hold a medical certificate, based on the most recent medical examination to which they were required to submit under these Regulations within the previous 12 months, that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and

    • (f) in the case of a member of the protected temporary residents class, they are not inadmissible.

  • Marginal note:Classes

    (2) The classes are

    • (a) the live-in caregiver class;

    • (b) the spouse or common-law partner in Canada class; and

    • (c) the protected temporary residents class.

  • Marginal note:Criteria in the Province of Quebec

    (3) For the purposes of paragraph (1)(d), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident, and who is not a member of the family class or a person whom the Board has determined to be a Convention refugee, is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • Marginal note:Accompanying family members

    (4) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under this section shall be issued a permanent resident visa or become a permanent resident, as the case may be, if following an examination it is established that

    • (a) the accompanying family member is not inadmissible;

    • (b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

  • SOR/2004-167, s. 26
  • SOR/2008-253, s. 5

PART 6Economic Classes

DIVISION 1Skilled Workers

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division, other than section 87.1.

educational credential

educational credential means any diploma, degree or trade or apprenticeship credential issued on the completion of a program of study or training at an educational or training institution recognized by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue. (diplôme)

former Regulations

former Regulations has the same meaning as in subsection 316(1). (ancien règlement)

restricted occupation

restricted occupation means an occupation designated as a restricted occupation by the Minister, taking into account labour market activity on both an area and a national basis, following consultation with the Department of Human Resources Development, provincial governments and any other relevant organizations or institutions. (profession d’accès limité)

  • SOR/2003-383, s. 2
  • SOR/2008-254, s. 2

 [Repealed, SOR/2008-253, s. 6]

Federal Skilled Workers

Federal Skilled Worker Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

  • Marginal note:Skilled workers

    (2) A foreign national is a skilled worker if

    • (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;

    • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

    • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.

  • Marginal note:Minimal requirements

    (3) If the foreign national fails to meet the requirements of subsection (2), the application for a permanent resident visa shall be refused and no further assessment is required.

  • SOR/2004-167, ss. 27, 80(F)

Marginal note:Selection criteria

  •  (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

    • (a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,

      • (i) education, in accordance with section 78,

      • (ii) proficiency in the official languages of Canada, in accordance with section 79,

      • (iii) experience, in accordance with section 80,

      • (iv) age, in accordance with section 81,

      • (v) arranged employment, in accordance with section 82, and

      • (vi) adaptability, in accordance with section 83; and

    • (b) the skilled worker must

      • (i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to half the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or

      • (ii) be awarded the number of points referred to in subsection 82(2) for arranged employment in Canada within the meaning of subsection 82(1).

  • Marginal note:Number of points

    (2) The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of

    • (a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;

    • (b) the number of skilled workers projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

    • (c) the potential, taking into account economic and other relevant factors, for the establishment of skilled workers in Canada.

  • Marginal note:Circumstances for officer’s substituted evaluation

    (3) Whether or not the skilled worker has been awarded the minimum number of required points referred to in subsection (2), an officer may substitute for the criteria set out in paragraph (1)(a) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada.

  • Marginal note:Concurrence

    (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

  • SOR/2004-167, s. 28

Marginal note:Conformity — applicable times

 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met at the time an application for a permanent resident visa is made as well as at the time the visa is issued.

Selection Grid

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this section.

    full-time

    temps plein

    full-time means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. (temps plein)

    full-time equivalent

    équivalent temps plein

    full-time equivalent means, in respect of part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis. (équivalent temps plein)

  • Marginal note:Education (25 points)

    (2) A maximum of 25 points shall be awarded for a skilled worker’s education as follows:

    • (a) 5 points for a secondary school educational credential;

    • (b) 12 points for a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full-time or full-time equivalent studies;

    • (c) 15 points for

      • (i) a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 13 years of completed full-time or full-time equivalent studies, or

      • (ii) a one-year university educational credential at the bachelor’s level and a total of at least 13 years of completed full-time or full-time equivalent studies;

    • (d) 20 points for

      • (i) a two-year post-secondary educational credential, other than a university educational credential, and a total of at least 14 years of completed full-time or full-time equivalent studies, or

      • (ii) a two-year university educational credential at the bachelor’s level and a total of at least 14 years of completed full-time or full-time equivalent studies;

    • (e) 22 points for

      • (i) a three-year post-secondary educational credential, other than a university educational credential, and a total of at least 15 years of completed full-time or full-time equivalent studies, or

      • (ii) two or more university educational credentials at the bachelor’s level and a total of at least 15 years of completed full-time or full-time equivalent studies; and

    • (f) 25 points for a university educational credential at the master’s or doctoral level and a total of at least 17 years of completed full-time or full-time equivalent studies.

  • Marginal note:Multiple educational achievements

    (3) For the purposes of subsection (2), points

    • (a) shall not be awarded cumulatively on the basis of more than one single educational credential; and

    • (b) shall be awarded

      • (i) for the purposes of paragraphs (2)(a) to (d), subparagraph (2)(e)(i) and paragraph (2)(f), on the basis of the single educational credential that results in the highest number of points, and

      • (ii) for the purposes of subparagraph (2)(e)(ii), on the basis of the combined educational credentials referred to in that paragraph.

  • Marginal note:Special circumstances

    (4) For the purposes of subsection (2), if a skilled worker has an educational credential referred to in paragraph (2)(b), subparagraph (2)(c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii) or paragraph (2)(f), but not the total number of years of full-time or full-time equivalent studies required by that paragraph or subparagraph, the skilled worker shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph or subparagraph.

Marginal note:Proficiency in English and French (20 points)

  •  (1) A skilled worker must specify in their application for a permanent resident visa which of English or French is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must

    • (a) have their proficiency in those languages assessed by an organization or institution designated under subsection (3); or

    • (b) provide other evidence in writing of their proficiency in those languages.

  • Marginal note:24 Points

    (2) Assessment points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de compétence linguistique canadiens 2006 for the French language, as follows:

    • (a) for the ability to speak, listen, read or write with high proficiency

      • (i) in the first official language, 4 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 8 or higher, and

      • (ii) in the second official language, 2 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 8 or higher;

    • (b) for the ability to speak, listen, read or write with moderate proficiency

      • (i) in the first official language, 2 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 6 or 7, and

      • (ii) in the second official language, 2 points for each of those abilities if the skilled worker's proficiency corresponds to a benchmark of 6 or 7; and

    • (c) for the ability to speak, listen, read or write

      • (i) with basic proficiency in either official language, 1 point for each of those abilities, up to a maximum of 2 points, if the skilled worker's proficiency corresponds to a benchmark of 4 or 5, and

      • (ii) with no proficiency in either official language, 0 points if the skilled worker's proficiency corresponds to a benchmark of 3 or lower.

  • Marginal note:Designated organization

    (3) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section and shall, for the purpose of correlating the results of such an assessment by a particular designated organization or institution with the benchmarks referred to in subsection (2), establish the minimum test result required to be awarded for each ability and each level of proficiency in the course of an assessment of language proficiency by that organization or institution in order to meet those benchmarks.

  • Marginal note:Conclusive evidence

    (4) The results of an assessment of the language proficiency of a skilled worker by a designated organization or institution and the correlation of those results with the benchmarks in accordance with subsection (3) are conclusive evidence of the skilled worker's proficiency in the official languages of Canada for the purposes of subsections (1) and 76(1).

  • SOR/2004-167, s. 29
  • SOR/2008-253, s. 7

Marginal note:Experience (21 points)

  •  (1) Up to a maximum of 21 points shall be awarded to a skilled worker for full-time work experience, or the full-time equivalent for part-time work experience, within the 10 years preceding the date of their application, as follows:

    • (a) for one year of work experience, 15 points;

    • (b) for two years of work experience, 17 points;

    • (c) for three years of work experience, 19 points; and

    • (d) for four or more years of work experience, 21 points.

  • Marginal note:Listed occupation

    (2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

  • Marginal note:Occupational experience

    (3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the occupation's employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed

    • (a) the actions described in the lead statement for the occupation as set out in the National Occupational Classification; and

    • (b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.

  • Marginal note:Work in excess

    (4) A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall be evaluated as a single period of full-time work experience in a single occupation.

  • Marginal note:Classification code

    (5) A skilled worker must specify in their application for a permanent resident visa the four-digit code of the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker's work experience.

  • Marginal note:Officer's duty

    (6) An officer is not required to consider occupations that have not been specified in the application.

  • Marginal note:Full-time

    (7) For the purposes of this section, full-time work is equivalent to at least 37.5 hours of work per week.

Marginal note:Age (10 points)

 Points shall be awarded up to a maximum of 10 for a skilled worker's age, as of the date of their application, as follows:

  • (a) 10 points for 21 years of age or older but less than 50 years of age;

  • (b) 8 points, for 20 or 50 years of age;

  • (c) 6 points, for 19 or 51 years of age;

  • (d) 4 points, for 18 or 52 years of age;

  • (e) 2 points, for 17 or 53 years of age; and

  • (f) 0 points, for less than 17 years of age or 54 years of age or older.

Marginal note:Definition — arranged employment

  •  (1) In this section, arranged employment means an offer of indeterminate employment in Canada.

  • Marginal note:Arranged employment (10 points)

    (2) Ten points shall be awarded to a skilled worker for arranged employment in Canada in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix if they are able to perform and are likely to accept and carry out the employment and

    • (a) the skilled worker is in Canada and holds a work permit and

      • (i) there has been a determination by an officer under section 203 that the performance of the employment by the skilled worker would be likely to result in a neutral or positive effect on the labour market in Canada,

      • (ii) the skilled worker is currently working in that employment,

      • (iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and

      • (iv) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker;

    • (b) the skilled worker is in Canada and holds a work permit referred to in paragraph 204(a) or 205(a) or subparagraph 205(c)(ii) and the circumstances referred to in subparagraphs (a)(ii) to (iv) apply;

    • (c) the skilled worker does not intend to work in Canada before being issued a permanent resident visa and does not hold a work permit and

      • (i) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker, and

      • (ii) an officer has approved that offer of employment based on an opinion provided to the officer by the Department of Human Resources Development at the request of the employer or an officer that

        • (A) the offer of employment is genuine,

        • (B) the employment is not part-time or seasonal employment, and

        • (C) the wages offered to the skilled worker are consistent with the prevailing wage rate for the occupation and the working conditions meet generally accepted Canadian standards; or

    • (d) the skilled worker holds a work permit and

      • (i) the circumstances referred to in subparagraphs (a)(i) to (iv) and paragraph (b) do not apply, and

      • (ii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.

  • SOR/2004-167, s. 30

Marginal note:Adaptability (10 points)

  •  (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

    • (a) for the educational credentials of the skilled worker's accompanying spouse or accompanying common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

    • (b) for any previous period of study in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

    • (c) for any previous period of work in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

    • (d) for being related to a person living in Canada who is described in subsection (5), 5 points; and

    • (e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.

  • Marginal note:Educational credentials of spouse or common-law partner

    (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of a skilled worker's accompanying spouse or accompanying common-law partner as if the spouse or common-law partner were a skilled worker, and shall award points to the skilled worker as follows:

    • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

    • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

    • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

  • Marginal note:Previous study in Canada

    (3) For the purposes of paragraph (1)(b), a skilled worker shall be awarded 5 points if the skilled worker or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

  • Marginal note:Previous work in Canada

    (4) For the purposes of paragraph (1)(c), a skilled worker shall be awarded 5 points if they or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

  • Marginal note:Family relationships in Canada

    (5) For the purposes of paragraph (1)(d), a skilled worker shall be awarded 5 points if

    • (a) the skilled worker or the skilled worker's accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

      • (i) their father or mother,

      • (ii) the father or mother of their father or mother,

      • (iii) their child,

      • (iv) a child of their child,

      • (v) a child of their father or mother,

      • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

      • (vii) a child of the child of their father or mother; or

    • (b) the skilled worker has a spouse or common-law partner who is not accompanying the skilled worker and is a Canadian citizen or permanent resident living in Canada.

Requirements

 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

  • SOR/2008-202, s. 1

Transitional Federal Skilled Workers

Transitional Federal Skilled Worker Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the transitional federal skilled worker class is hereby prescribed as a class of persons who are transitional skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

  • Marginal note:Transitional skilled workers

    (2) A foreign national is a transitional skilled worker if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, that was

    • (a) refused after March 31, 2003 and before June 20, 2003; or

    • (b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

  • SOR/2003-383, s. 3
  • SOR/2004-167, s. 80(F)

Marginal note:Application before January 1, 2005

  •  (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal skilled worker class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

  • Marginal note:Alternate place of application

    (2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 85.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

  • SOR/2003-383, s. 3

Marginal note:Criteria

 For the purpose of determining whether a transitional skilled worker, as a member of the transitional federal skilled worker class, will be able to become economically established in Canada, they must

  • (a) be awarded the number of units of assessment required by the former Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or

  • (b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.

  • SOR/2003-383, s. 3
Requirements

 [Repealed, SOR/2008-253, s. 8]

 [Repealed, SOR/2008-202, s. 2]

Marginal note:Permanent resident status

 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal skilled worker class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

  • SOR/2003-383, s. 3

Quebec Skilled Worker Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the Quebec skilled worker class if they

    • (a) intend to reside in the Province of Quebec; and

    • (b) are named in a Certificat de sélection du Québec issued to them by that Province.

  • (3) and (4) [Repealed, SOR/2008-253, s. 9]

  • Marginal note:Requirements for accompanying family members

    (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that

    • (a) the person who made the application has become a permanent resident; and

    • (b) the foreign national is not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2008-202, s. 3
  • SOR/2008-253, s. 9

Provincial Nominee Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the provincial nominee class if

    • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

    • (b) they intend to reside in the province that has nominated them.

  • Marginal note:Substitution of evaluation

    (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

  • Marginal note:Concurrence

    (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

  • Marginal note:Exclusion

    (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if

    • (a) the nomination was based on the provision of capital by the foreign national; or

    • (b) the foreign national intends to participate in, or has participated in, an immigration-linked investment scheme.

  • Marginal note:Exception

    (6) Subsection (5) does not apply if

    • (a) the capital is provided by the foreign national to a business in the province that nominated them, other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains;

    • (b) the foreign national controls or will control

      • (i) a percentage of equity in the business equal to or greater than 33 1/3 per cent, or

      • (ii) an equity investment in the business of at least $1,000,000;

    • (c) the foreign national provides or will provide active and ongoing management of the business from within the province that nominated them; and

    • (d) the terms of the investment in the business do not include a redemption option.

  • (7) and (8) [Repealed, SOR/2008-253, s. 10]

  • Marginal note:Definitions

    (9) The following definitions apply in this section.

    immigration-linked investment scheme

    projet de placement lié à l’immigration

    immigration-linked investment scheme means a strategy or plan

    • (a) where one of the objectives of the strategy or plan is to facilitate immigration to Canada and one of the objectives of the promoters of the strategy or plan is to raise capital; or

    • (b) where the agreement or arrangement in respect of the strategy or plan was entered into primarily for the purpose of acquiring a status or privilege under the Act. (projet de placement lié à l’immigration)

    percentage of equity

    pourcentage des capitaux propres

    percentage of equity has the same meaning as in subsection 88(1). (pourcentage des capitaux propres)

  • Marginal note:Non-application

    (10) Subsections (5), (6) and (9) do not apply in respect of a foreign national who is issued a nomination certificate referred to in paragraph (2)(a) before September 2, 2008.

  • Marginal note:Transitional

    (11) Subsections (5) and (6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10).

  • Marginal note:Requirements for accompanying family members

    (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that

    • a) the person who made the application has become a permanent resident; and

    • b) the foreign national is not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2008-202, ss. 4, 5
  • SOR/2008-253, s. 10
  • SOR/2009-164, s. 1

Canadian Experience Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their experience in Canada and who intend to reside in a province other than the Province of Quebec.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the Canadian experience class if

    • (a) they

      • (i) have acquired in Canada within the 24 months before the day on which their application for permanent residence is made at least 12 months of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, and have acquired that work experience after having obtained

        • (A) a diploma, degree or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years’ duration at a public, provincially recognized post-secondary educational or training institution in Canada,

        • (B) a diploma or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years’ duration at a private, Quebec post-secondary institution that operates under the same rules and regulations as public Quebec post-secondary institutions and that receives at least 50 per cent of its financing for its overall operations from government grants, subsidies or other assistance,

        • (C) a degree from a private, provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least two years’ duration, or

        • (D) a graduate degree from a provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least one year’s duration and within two years after obtaining a degree or diploma from an institution referred to in clause (A) or (C), or

      • (ii) have acquired in Canada within the 36 months before the day on which their application for permanent residence is made at least 24 months of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix; and

    • (b) they have had their proficiency assessed in the English or French language by an organization or institution designated under subsection (4), or have provided other evidence in writing of their proficiency in either language, and have obtained proficiencies for their abilities to speak, listen, read and write that correspond to benchmarks, as referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de compétence linguistique canadiens 2006 for the French language, of

      • (i) in the case of a foreign national who has acquired work experience in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A of the National Occupational Classification matrix,

        • (A) 7 or higher for each of those abilities, or

        • (B) 6 for any one of those abilities, 7 or higher for any other two of those abilities and 8 or higher for the remaining ability, and

      • (ii) in the case of a foreign national who has acquired work experience in one or more occupations that are listed in Skill Level B of the National Occupational Classification matrix,

        • (A) 5 or higher for each of those abilities, or

        • (B) 4 for any one of those abilities, 5 or higher for any other two of those abilities and 6 or higher for the remaining ability.

  • Marginal note:Application

    (3) For the purposes of subsection (2),

    • (a) full-time work is equivalent to at least 37.5 hours of work per week;

    • (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience;

    • (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training;

    • (d) the foreign national must have been physically present in Canada for at least two years of their full-time study or training;

    • (e) any period during which the foreign national was engaged in a full-time program of study or training in English or French as a second language — and any period of full-time study or training in respect of which study or training in English or French as a second language amounted to most of the full-time study or training — shall not be included in calculating the period of full-time study or training;

    • (f) any period of study or training during which the foreign national was a recipient of a Government of Canada scholarship or bursary, or participated in an exchange program sponsored by the Government of Canada, a purpose or condition of which was that the foreign national return to their country of origin or nationality on completion of their studies or training shall not be included in calculating the period of full-time study or training; and

    • (g) in the case of a foreign national whose work experience is referred to in both subparagraphs (2)(b)(i) and (ii), the foreign national must obtain a proficiency in the English or French language that corresponds to the benchmarks required for the skill type, as set out in subparagraph (2)(b)(i) or (ii), in which the foreign national has acquired most of their work experience.

  • Marginal note:Designated organization

    (4) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section and shall, for the purpose of correlating the results of such an assessment by a particular designated organization or institution with the benchmarks referred to in subsection (2), establish the minimum test result required to be awarded for each ability and each level of proficiency in the course of an assessment of language proficiency by that organization or institution in order to meet those benchmarks.

  • Marginal note:Conclusive evidence

    (5) The results of an assessment of the language proficiency of a foreign national by a designated organization or institution and the correlation of those results with the benchmarks in accordance with subsection (4) are conclusive evidence of the foreign national’s proficiency in an official language of Canada for the purposes of this section.

  • SOR/2008-254, s. 3

DIVISION 2Business Immigrants

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Division.

    agent

    mandataire

    agent means, in respect of a fund, the Minister acting as an agent on behalf of a fund that has been approved by a province. (mandataire)

    allocation period

    période de placement

    allocation period means, in respect of the provincial allocation of an investor, the period of five years beginning on the first day of the second month after the month in which the agent receives the investment. (période de placement)

    approved fund

    fonds agréé

    approved fund means a fund that is approved by the Minister under section 91. (fonds agréé)

    business experience

    expérience dans l’exploitation d’une entreprise

    business experience, in respect of

    • (a) an investor, other than an investor selected by a province, means a minimum of two years of experience consisting of

      • (i) two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application,

      • (ii) two one-year periods of experience in the management of at least five full-time job equivalents per year in a business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, or

      • (iii) a combination of a one-year period of experience described in subparagraph (i) and a one-year period of experience described in subparagraph (ii);

    • (b) an entrepreneur, other than an entrepreneur selected by a province, means a minimum of two years of experience consisting of two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application; and

    • (c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. (expérience dans l’exploitation d’une entreprise)

    debt obligation

    titre de créance

    debt obligation has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. (titre de créance)

    entrepreneur

    entrepreneur

    entrepreneur means a foreign national who

    • (a) has business experience;

    • (b) has a legally obtained minimum net worth; and

    • (c) provides a written statement to an officer that they intend and will be able to meet the conditions referred to in subsections 98(1) to (5). (entrepreneur)

    entrepreneur selected by a province

    entrepreneur selectionné par une province

    entrepreneur selected by a province means an entrepreneur who

    • (a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of entrepreneurs; and

    • (b) is named in a selection certificate issued to them by that province. (entrepreneur selectionné par une province)

    former Regulations

    ancient règlement

    former Regulations has the same meaning as in subsection 316(1). (ancient règlement)

    full-time job equivalent

    équivalent d’emploi à temps plein

    full-time job equivalent means 1,950 hours of paid employment. (équivalent d’emploi à temps plein)

    fund

    fonds

    fund means a corporation that is controlled by the government of a province and is authorized to create or continue employment in Canada in order to foster the development of a strong and viable economy. (fonds)

    investment

    placement

    investment means, in respect of an investor, a sum of $400,000 that

    • (a) in the case of an investor other than an investor selected by a province, is paid by the investor to the agent for allocation to all approved funds in existence as of the date the allocation period begins and that is not refundable during the period beginning on the day a permanent resident visa is issued to the investor and ending at the end of the allocation period; and

    • (b) in the case of an investor selected by a province, is invested by the investor in accordance with an investment proposal within the meaning of the laws of the province and is not refundable for a period of at least five years, as calculated in accordance with the laws of the province. (placement)

    investor

    investisseur

    investor means a foreign national who

    • (a) has business experience;

    • (b) has a legally obtained net worth of at least $800,000; and

    • (c) indicates in writing to an officer that they intend to make or have made an investment. (investisseur)

    investor selected by a province

    investisseur sélectionné par une province

    investor selected by a province means an investor who.

    • (a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of investors; and

    • (b) is named in a selection certificate issued to them by that province. (investisseur sélectionné par une province)

    minimum net worth

    avoir net minimal

    minimum net worth means

    • (a) in respect of an entrepreneur, other than an entrepreneur selected by a province, $300,000; and

    • (b) in respect of an entrepreneur selected by a province, the minimum net worth required by the laws of the province. (avoir net minimal)

    net assets

    actif net

    net assets, in respect of a qualifying business or a qualifying Canadian business, means the assets of the business, minus the liabilities of the business, plus shareholder loans made to the business by the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. (actif net)

    net income

    revenu net

    net income, in respect of a qualifying business or a qualifying Canadian business, means the after tax profit or loss of the business plus remuneration by the business to the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. (revenu net)

    net worth

    avoir net

    net worth, in respect of

    • (a) an investor, other than an investor selected by a province, means the fair market value of all of the assets of the investor and their spouse or common-law partner minus the fair market value of all of their liabilities;

    • (b) an entrepreneur, other than an entrepreneur selected by a province, means the fair market value of all of the assets of the entrepreneur and their spouse or common-law partner minus the fair market value of all of their liabilities; and

    • (c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. (avoir net)

    percentage of equity

    pourcentage des capitaux propres

    percentage of equity means

    • (a) in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

    • (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

    • (c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

    provincial allocation

    quote-part provinciale

    provincial allocation means the portion of an investor’s investment in an approved fund calculated in accordance with subsection (2). (quote-part provinciale)

    qualifying business

    entreprise admissible

    qualifying business means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, during the year under consideration, there is documentary evidence of any two of the following:

    • (a) the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;

    • (b) the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000;

    • (c) the percentage of equity multiplied by the net income in the year is equal to or greater than $50,000; and

    • (d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. (entreprise admissible)

    qualifying Canadian business

    entreprise canadienne admissible

    qualifying Canadian business means a business operated in Canada by an entrepreneur — other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains — for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:

    • (a) the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year;

    • (b) the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000;

    • (c) the percentage of equity multiplied by the net income in the year is equal to or greater than $25,000; and

    • (d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. (entreprise canadienne admissible)

    relevant experience

    expérience utile

    relevant experience, in respect of

    • (a) a self-employed person, other than a self-employed person selected by a province, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of

      • (i) in respect of cultural activities,

        • (A) two one-year periods of experience in self-employment in cultural activities,

        • (B) two one-year periods of experience in participation at a world class level in cultural activities, or

        • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),

      • (ii) in respect of athletics,

        • (A) two one-year periods of experience in self-employment in athletics,

        • (B) two one-year periods of experience in participation at a world class level in athletics, or

        • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and

      • (iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm; and

    • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (expérience utile)

    self-employed person

    travailleur autonome

    self-employed person means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. (travailleur autonome)

    self-employed person selected by a province

    travailleur autonome sélectionné par une province

    self-employed person selected by a province means a self-employed person

    • (a) who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of self-employed persons; and

    • (b) is named in a selection certificate issued to them by that province. (travailleur autonome sélectionné par une province)

    specified economic activities

    activités économiques déterminées

    specified economic activities, in respect of

    • (a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and

    • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (activités économiques déterminées)

  • Marginal note:Provincial allocation

    (2) For the purposes of the definition provincial allocation in subsection (1), the provincial allocation shall be calculated as of the first day of the allocation period in accordance with the formula

    A + B

    where

    A
    equals $200,000 divided by the number of approved funds that are not suspended; and
    B
    equals $200,000 multiplied by the gross domestic product at market prices of the province that has approved the non-suspended fund, divided by the total of the gross domestic products at market prices of all of the provinces that have approved a non-suspended fund.
  • Marginal note:Gross domestic product

    (3) For the purposes of subsection (2), the gross domestic product is the one for the calendar year before the calendar year that immediately precedes the date of provincial allocation, as set out in the table entitled “Provincial accounts GDP at market prices by province (millions of dollars)” in the Canadian Economic Observer Historical Statistical Supplement, published by Statistics Canada.

  • SOR/2003-383, s. 4
  • SOR/2004-167, s. 31

Marginal note:Artificial transactions

 For the purposes of this Division, an investor, an entrepreneur and a self-employed person are not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions the purpose of which is to circumvent, directly or indirectly, the requirements of this Division.

Investors

Investor Class

Marginal note:Members of the class

  •  (1) For the purposes of subsection 12(2) of the Act, the investor class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are investors within the meaning of subsection 88(1).

  • Marginal note:Minimal requirements

    (2) If a foreign national who makes an application as a member of the investor class is not an investor within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Fund

Marginal note:Approval by the Minister

 The Minister shall approve a fund if

  • (a) the fund has been approved by a province;

  • (b) the province provides documentation to the Minister stating that, if the fund fails to transfer the provincial allocation to the agent in accordance with paragraph 92(g), the province will be liable to transfer to the agent an amount equal to the provincial allocation in order to repay the investor in accordance with paragraph 92(i);

  • (c) the fund will be the only non-suspended approved fund in the province; and

  • (d) the fund has entered into an agreement with the Minister designating the Minister as agent for the purpose of

    • (i) receiving the provincial allocation and keeping it until the beginning of the allocation period, unless the provincial allocation is repaid under paragraph 92(b),

    • (ii) transferring the provincial allocation to the approved fund at the beginning of the allocation period in accordance with paragraph 92(d), unless the approval of the fund is suspended under subsection 93(1),

    • (iii) preparing and delivering to the investor a debt obligation and notifying the investor of the date of receipt of the investment at the beginning of the allocation period in accordance with paragraph 92(e),

    • (iv) receiving the provincial allocation transferred by the approved fund at the end of the allocation period in accordance with paragraph 92(g),

    • (v) if the approved fund fails to transfer the provincial allocation under paragraph 92(g), receiving the provincial allocation from the province in accordance with paragraph 92(h), and

    • (vi) repaying the provincial allocation to the investor in accordance with paragraph 92(i).

Marginal note:Terms and conditions

 An approved fund is subject to the following terms and conditions:

  • (a) it must receive the provincial allocation through the agent;

  • (b) it must repay the provincial allocation through the agent to the investor within 90 days after the date of receipt by the agent of the request for repayment by the investor, if the request for repayment is received before a permanent resident visa is issued to the investor;

  • (c) it must repay the provincial allocation to the agent within 30 days after the agent informs the fund that the investor has chosen to withdraw their investment before the issuance of a permanent resident visa;

  • (d) if the approval of the fund has not been suspended, it must receive the provincial allocation through the agent on the first day of the allocation period;

  • (e) when it receives the provincial allocation it must

    • (i) on the first day of the allocation period, issue to the investor, through the agent, a debt obligation that is in an amount equal to the provincial allocation, is due and payable 30 days after the expiry of the allocation period, can be pledged as security and cannot be transferred before the expiry of the allocation period without the written consent of the approved fund provided by the agent, and

    • (ii) notify the investor through the agent of the date of receipt of the provincial allocation;

  • (f) during the allocation period, it must use the provincial allocation for the purpose of creating or continuing employment in Canada to foster the development of a strong and viable economy;

  • (g) at the end of the allocation period, it must transfer the provincial allocation to the agent for repayment in accordance with paragraph (i);

  • (h) if the approved fund fails to transfer the provincial allocation to the agent under paragraph (g), the province must transfer an amount equal to the provincial allocation to the agent for repayment in accordance with paragraph (i); and

  • (i) 30 days after the expiry of the allocation period, the agent must repay the provincial allocation to the investor thereby extinguishing the debt obligation in respect of that provincial allocation.

  • SOR/2004-167, s. 32

Marginal note:Suspension

  •  (1) The Minister shall suspend the approval of a fund if

    • (a) the province that approved the fund withdraws its approval;

    • (b) the fund no longer qualifies as a fund within the meaning of subsection 88(1);

    • (c) the documentation provided by the province to the Minister in accordance with paragraph 91(b) is no longer valid and no valid documentation has been provided by the province to replace it;

    • (d) the agreement between the fund and the Minister referred to in paragraph 91(d) is no longer valid; or

    • (e) the fund is not in compliance with the terms and conditions set out in section 92.

  • Marginal note:Lifting of suspension

    (2) The Minister shall lift the suspension if the circumstances that gave rise to the suspension cease to exist.

Marginal note:Revocation

 The Minister shall revoke the approval of a fund if

  • (a) the approved fund has repaid the provincial allocation to all of its investors; and

  • (b) the approval of the fund has been suspended.

Marginal note:Reports

 Every approved fund must submit to the Minister, until all investors in that fund have been repaid in accordance with paragraph 92(i), the following periodic reports for the purpose of demonstrating compliance with paragraph 92(f):

  • (a) a quarterly report on the use of provincial allocations, including

    • (i) the names of the recipients of the portion of the provincial allocations invested,

    • (ii) a description of and the terms of the security received for that investment,

    • (iii) the date on which the portion of the provincial allocations is invested,

    • (iv) the date on which the portion of the provincial allocations invested is recovered by the approved fund,

    • (v) a brief description of the use of the portion of the provincial allocations invested,

    • (vi) the number of full-time job equivalents created by the portion of the provincial allocations invested, and

    • (vii) the code for each recipient of the investment as set out in the Canadian Standard Industrial Classification for Companies and Enterprises, 1980; and

  • (b) audited annual financial statements for the approved fund, submitted within 180 days after the end of each financial year.

Investor Selected by a Province

Marginal note:Exception

 A foreign national who is an investor selected by a province shall not be assessed in accordance with section 102.

  • SOR/2004-167, ss. 33, 80(F)

Entrepreneurs

Entrepreneur Class

Marginal note:Members of the class

  •  (1) For the purposes of subsection 12(2) of the Act, the entrepreneur class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are entrepreneurs within the meaning of subsection 88(1).

  • Marginal note:Minimal requirements

    (2) If a foreign national who makes an application as a member of the entrepreneur class is not an entrepreneur within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Conditions

Marginal note:Permanent residence

  •  (1) Subject to subsection (2), an entrepreneur who becomes a permanent resident must meet the following conditions:

    • (a) the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;

    • (b) the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and

    • (c) the entrepreneur must create at least one incremental full-time job equivalent in the qualifying Canadian business for Canadian citizens or permanent residents, other than the entrepreneur and their family members.

  • Marginal note:Conditions — par. 9(1)(d) of the Act

    (2) If at the time an entrepreneur selected by a province provides the written statement referred to in paragraph (c) of the definition entrepreneur in subsection 88(1) the province has established the conditions required to be met by such an entrepreneur, that statement must refer to those conditions instead of the conditions set out in subsection (1) and the entrepreneur must meet those conditions instead of the conditions set out in subsection (1).

  • Marginal note:Applicable time

    (3) The entrepreneur must meet the conditions for a period of at least one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.

  • Marginal note:Evidence of compliance

    (4) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.

  • Marginal note:Report and evidence of efforts to comply

    (5) An entrepreneur must provide to an officer

    • (a) not later than six months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and

    • (b) during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.

  • Marginal note:Family members

    (6) The family members of an entrepreneur are subject to the condition that the entrepreneur meets the conditions set out in this section.

  • SOR/2004-167, s. 34
Entrepreneur Selected by a Province

Marginal note:Exception

 A foreign national who is an entrepreneur selected by a province shall not be assessed in accordance with section 102.

  • SOR/2004-167, ss. 35, 80(F)

Self-employed Persons

Self-employed Persons Class

Marginal note:Members of the class

  •  (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within the meaning of subsection 88(1).

  • Marginal note:Minimal requirements

    (2) If a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Self-employed Person Selected by a Province

Marginal note:Exception

 A foreign national who is a self-employed person selected by a province shall not be assessed in accordance with section 102.

  • SOR/2004-167, ss. 36, 80(F)

Selection Criteria

General

Marginal note:Criteria

  •  (1) For the purpose of determining whether a foreign national, as a member of the investor class, the entrepreneur class or the self-employed persons class, and the foreign national's family members will be able to become economically established in Canada, an officer shall assess that foreign national on the basis of the following factors:

    • (a) age, in accordance with section 81, on the same basis as for skilled workers;

    • (b) education, in accordance with section 78, on the same basis as for skilled workers;

    • (c) proficiency in the official languages of Canada, in accordance with section 79, on the same basis as for skilled workers;

    • (d) experience, in accordance with section 103; and

    • (e) adaptability, in accordance with section 104 in the case of a member of the investor class or the entrepreneur class, and in accordance with section 105 in the case of a member of the self-employed persons class.

  • Marginal note:Units of assessment

    (2) A foreign national who is assessed on the basis of the factors set out in paragraphs (1)(a) to (e) shall be awarded the applicable number of assessment points for each factor set out in the provision referred to in each of those paragraphs, subject to the maximum number set out in that provision for that factor.

  • SOR/2004-167, s. 37
Experience

Marginal note:Investor

  •  (1) A member of the investor class shall be awarded assessment points up to a maximum of 35 points for business experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

    • (a) for two one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for a combination of two one-year periods of such experience, 20 points;

    • (b) for three one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for any combination of three one-year periods of such experience, 25 points;

    • (c) for four one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for any combination of four one-year periods of such experience, 30 points; and

    • (d) for five one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for any combination of five one-year periods of such experience, 35 points.

  • Marginal note:Entrepreneur

    (2) A member of the entrepreneur class shall be awarded assessment points up to a maximum of 35 points for business experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

    • (a) for two one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 20 points;

    • (b) for three one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 25 points;

    • (c) for four one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 30 points; and

    • (d) for five one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 35 points.

  • Self-employed person

    (3) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

    • (a) 20 points for

      • (i) two one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience,

      • (ii) two one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience, or

      • (iii) two one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

    • (b) 25 points for

      • (i) three one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience,

      • (ii) three one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience, or

      • (iii) three one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

    • (c) 30 points for

      • (i) four one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience,

      • (ii) four one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience, or

      • (iii) four one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); and

    • (d) 35 points for

      • (i) five one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience,

      • (ii) five one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience, or

      • (iii) five one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1).

  • SOR/2004-167, s. 38
Adaptability

Marginal note:Investor and entrepreneur

 A member of the investor class or the entrepreneur class shall be awarded assessment points up to a maximum of six points for adaptability on the basis of the following elements:

  • (a) for a business exploration trip to Canada in the period beginning five years before the date of their application for a permanent resident visa and ending on the day on which a determination is made in respect of the application, 6 points; and

  • (b) for participation in joint federal-provincial business immigration initiatives, 6 points.

Marginal note:Self-employed person

  •  (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements:

    • (a) for the educational credentials of the member’s accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

    • (b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points;

    • (c) for any previous period of work in Canada by the member, 5 points; and

    • (d) for being related to a person living in Canada who is described in subsection (5), 5 points.

  • Marginal note:Educational credentials of spouse or common-law partner

    (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows:

    • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

    • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

    • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

  • Marginal note:Previous study in Canada

    (3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

  • Marginal note:Previous work in Canada

    (4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

  • Marginal note:Family relationships in Canada

    (5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if

    • (a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

      • (i) their father or mother,

      • (ii) the father or mother of their father or mother,

      • (iii) their child,

      • (iv) a child of their child,

      • (v) a child of their father or mother,

      • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

      • (vii) a child of the child of their father or mother; or

    • (b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada.

  • SOR/2004-167, s. 39

Requirements

 [Repealed, SOR/2008-202, s. 6]

Marginal note:Permanent resident status

 A foreign national who is an accompanying family member of a person who makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

  • SOR/2008-202, s. 6

Selection

Marginal note:Application for visa

  •  (1) Subject to subsection (5), if a foreign national makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class for a permanent resident visa, an officer shall issue the visa to the foreign national and their accompanying family members if

    • (a) the foreign national and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act and these Regulations;

    • (b) where the foreign national and their accompanying family members intend to reside in a place in Canada other than a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (2), (3) or (4), as the case may be, and, if they are a member of the investor class, they have made an investment; and

    • (c) where the foreign national and their accompanying family members intend to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province and, if the foreign national is a member of the investor class, they have made an investment.

  • Marginal note:Minimum points — investors

    (2) The Minister shall fix and make available to the public the minimum number of points required of an investor, on the basis of

    • (a) the number of applications made by members of the investor class currently being processed;

    • (b) the number of investors projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

    • (c) the potential, taking into account economic and other relevant factors, for the establishment of investors in Canada.

  • Marginal note:Minimum points — entrepreneurs

    (3) The Minister shall fix and make available to the public the minimum number of points required of an entrepreneur, on the basis of

    • (a) the number of applications by members of the entrepreneur class currently being processed;

    • (b) the number of entrepreneurs projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

    • (c) the potential, taking into account economic and other relevant factors, for the establishment of entrepreneurs in Canada.

  • Marginal note:Minimum points — self-employed persons

    (4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of

    • (a) the number of applications by members of the self-employed persons class currently being processed;

    • (b) the number of self-employed persons projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

    • (c) the potential, taking into account economic and other relevant factors, for the establishment of self-employed persons in Canada.

  • Marginal note:Federal-provincial agreement

    (5) A permanent resident visa shall not be issued to an investor selected by a province, or to that investor's accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.

  • SOR/2004-167, s. 40

Marginal note:Substitution of evaluation

  •  (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national's ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

  • Marginal note:Concurrence

    (2) An evaluation made under subsection (1) requires the concurrence of a second officer.

Transitional Federal Investors, Entrepreneurs and Self-employed Persons

Transitional Federal Business Classes

Marginal note:Classes

  •  (1) For the purposes of subsection 12(2) of the Act, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class are hereby prescribed as classes of persons who are transitional investors, transitional entrepreneurs or transitional self-employed persons, respectively, and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

  • Marginal note:Transitional federal business immigrants

    (2) A foreign national is a transitional investor, a transitional entrepreneur or a transitional self-employed person if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as an investor, an entrepreneur or a self-employed person, respectively, within the meaning of subsection 2(1) of those Regulations that was

    • (a) refused after March 31, 2003 and before June 20, 2003; or

    • (b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

  • SOR/2003-383, s. 5

Marginal note:Application before January 1, 2005

  •  (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

  • Marginal note:Alternate place of application

    (2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 109.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

  • SOR/2003-383, s. 5

Marginal note:Criteria

 For the purpose of determining whether

  • (a) a transitional investor, as a member of the transitional federal investor class, will be able to become economically established in Canada, they must be

    • (i) an investor within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an investor, or

    • (ii) an investor within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the investor class;

  • (b) a transitional entrepreneur, as a member of the transitional federal entrepreneur class, will be able to become economically established in Canada, they must be

    • (i) an entrepreneur within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an entrepreneur, or

    • (ii) an entrepreneur within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the entrepreneur class; and

  • (c) a transitional self-employed person, as a member of the transitional federal self-employed persons class, will be able to become economically established in Canada, they must be

    • (i) a self-employed person within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for a self-employed person, or

    • (ii) a self-employed person within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the self-employed persons class.

  • SOR/2003-383, s. 5
Requirements

 [Repealed, SOR/2008-202, s. 7]

Marginal note:Permanent resident status

 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

  • SOR/2003-383, s. 5

DIVISION 3Live-in Caregivers

Marginal note:Live-in caregiver class

 The live-in caregiver class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Processing

 A foreign national who seeks to enter Canada as a live-in caregiver must make an application for a work permit in accordance with Part 11 and apply for a temporary resident visa if such a visa is required by Part 9.

Marginal note:Work permits — requirements

 A work permit shall not be issued to a foreign national who seeks to enter Canada as a live-in caregiver unless they

  • (a) applied for a work permit as a live-in caregiver before entering Canada;

  • (b) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada;

  • (c) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely,

    • (i) successful completion of six months of full-time training in a classroom setting, or

    • (ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit;

  • (d) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and

  • (e) have an employment contract with their future employer.

Marginal note:Permanent residence

  •  (1) A foreign national becomes a member of the live-in caregiver class if

    • (a) they have submitted an application to remain in Canada as a permanent resident;

    • (b) they are a temporary resident;

    • (c) they hold a work permit as a live-in caregiver;

    • (d) they entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,

      • (i) resided in a private household in Canada, and

      • (ii) provided child care, senior home support care or care of a disabled person in that household without supervision;

    • (e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;

    • (f) they did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training or experience; and

    • (g) where they intend to reside in the Province of Quebec, the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

  • Marginal note:Calculation

    (2) The cumulative period referred to in paragraph (1)(d) may be in respect of more than one employer or household and need not be without interruption, but may not be in respect of more than one employer or household at a time.

  • SOR/2004-167, s. 80(F)

Marginal note:Family members — requirement

 The requirement with respect to a family member of a live-in caregiver applying to remain in Canada as a permanent resident is that the family member was included in the live-in caregiver’s application to remain in Canada as a permanent resident at the time the application was made.

  • SOR/2008-202, s. 8

Marginal note:Family members — permanent residence

 A foreign national who is a family member of a live-in caregiver who makes an application to remain in Canada as a permanent resident shall become a permanent resident if, following an examination, it is established that

  • (a) the live-in caregiver has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

  • SOR/2008-202, s. 8

Marginal note:Conformity — applicable times

 The applicable requirements set out in sections 112 to 114.1 must be met when an application for a work permit or temporary resident visa is made, when the permit or visa is issued and when the foreign national becomes a permanent resident.

  • SOR/2008-202, s. 8

PART 7Family Classes

DIVISION 1Family Class

Marginal note:Family class

 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

  •  (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is

    • (a) the sponsor’s spouse, common-law partner or conjugal partner;

    • (b) a dependent child of the sponsor;

    • (c) the sponsor’s mother or father;

    • (d) the mother or father of the sponsor’s mother or father;

    • (e) [Repealed, SOR/2005-61, s. 3]

    • (f) a person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and who is

      • (i) a child of the sponsor’s mother or father,

      • (ii) a child of a child of the sponsor’s mother or father, or

      • (iii) a child of the sponsor’s child;

    • (g) a person under 18 years of age whom the sponsor intends to adopt in Canada if

      • (i) the adoption is not primarily for the purpose of acquiring any privilege or status under the Act,

      • (ii) where the adoption is an international adoption and the country in which the person resides and their province of intended destination are parties to the Hague Convention on Adoption, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and

      • (iii) where the adoption is an international adoption and either the country in which the person resides or the person’s province of intended destination is not a party to the Hague Convention on Adoption

        • (A) the person has been placed for adoption in the country in which they reside or is otherwise legally available in that country for adoption and there is no evidence that the intended adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and

        • (B) the competent authority of the person’s province of intended destination has stated in writing that it does not object to the adoption; or

    • (h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father

      • (i) who is a Canadian citizen, Indian or permanent resident, or

      • (ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

  • Marginal note:Adoption — under 18

    (2) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was under the age of 18 shall not be considered a member of the family class by virtue of that adoption unless it was in the best interests of the child within the meaning of the Hague Convention on Adoption.

  • Marginal note:Best interests of the child

    (3) The adoption referred to in subsection (2) is considered to be in the best interests of a child if it took place under the following circumstances:

    • (a) a competent authority has conducted or approved a home study of the adoptive parents;

    • (b) before the adoption, the child’s parents gave their free and informed consent to the child’s adoption;

    • (c) the adoption created a genuine parent-child relationship;

    • (d) the adoption was in accordance with the laws of the place where the adoption took place;

    • (e) the adoption was in accordance with the laws of the sponsor’s place of residence and, if the sponsor resided in Canada at the time the adoption took place, the competent authority of the child’s province of intended destination has stated in writing that it does not object to the adoption;

    • (f) if the adoption is an international adoption and the country in which the adoption took place and the child’s province of intended destination are parties to the Hague Convention on Adoption, the competent authority of the country and of the province have stated in writing that they approve the adoption as conforming to that Convention; and

    • (g) if the adoption is an international adoption and either the country in which the adoption took place or the child’s province of intended destination is not a party to the Hague Convention on Adoption, there is no evidence that the adoption is for the purpose of child trafficking or undue gain within the meaning of that Convention.

  • Marginal note:Adoption — over 18

    (4) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was 18 years of age or older shall not be considered a member of the family class by virtue of that adoption unless it took place under the following circumstances:

    • (a) the adoption was in accordance with the laws of the place where the adoption took place and, if the sponsor resided in Canada at the time of the adoption, the adoption was in accordance with the laws of the province where the sponsor then resided, if any, that applied in respect of the adoption of a child 18 years of age or older;

    • (b) a genuine parent-child relationship exists at the time of the adoption and existed before the child reached the age of 18; and

    • (c) the adoption is not primarily for the purpose of acquiring a status or privilege under the Act.

  • (5) and (6) [Repealed, SOR/2005-61, s. 3]

  • Marginal note:Provincial statement

    (7) If a statement referred to in clause (1)(g)(iii)(B) or paragraph (3)(e) or (f) has been provided to an officer by the foreign national’s province of intended destination, that statement is, except in the case of an adoption where the adoption is primarily for the purpose of acquiring a status or privilege under the Act, conclusive evidence that the foreign national meets the following applicable requirements:

    • (a) [Repealed, SOR/2005-61, s. 3]

    • (b) in the case of a person referred to in paragraph (1)(g), the requirements set out in clause (1)(g)(iii)(A); and

    • (c) in the case of a person referred to in paragraph (1)(b) who is an adopted child described in subsection (2), the requirements set out in paragraphs (3)(a) to (e) and (g).

  • Marginal note:New evidence

    (8) If, after the statement referred to in subsection (7) is provided to the officer, the officer receives evidence that the foreign national does not meet the applicable requirements set out in paragraph (7)(b) or (c) for becoming a member of the family class, the processing of their application shall be suspended until the officer provides that evidence to the province and the province confirms or revises its statement.

  • Marginal note:Excluded relationships

    (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

    • (a) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner and is under 16 years of age;

    • (b) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

    • (c) the foreign national is the sponsor’s spouse and

      • (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or

      • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

        • (A) the sponsor is the common-law partner of another person or the conjugal partner of another foreign national, or

        • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or

    • (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

  • Marginal note:Exception

    (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

  • Marginal note:Application of par. (9)(d)

    (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,

    • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

    • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

  • Definition of former Act

    (12) In subsection (10), former Act has the same meaning as in section 187 of the Act.

  • SOR/2004-59, s. 4
  • SOR/2004-167, s. 41
  • SOR/2005-61, s. 3

Marginal note:Medical condition

 A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the sponsor has provided a statement in writing confirming that they have obtained information with respect to the medical condition of the child or of the person referred to in that paragraph.

  • SOR/2005-61, s. 4

Marginal note:Withdrawal of sponsorship application

 A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member.

Marginal note:Approved sponsorship application

 For the purposes of Part 5,

  • (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and

  • (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirements

 The requirements with respect to a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 are the following:

  • (a) the person is a family member of the applicant or of the sponsor both at the time the application is made and, without taking into account whether the person has attained 22 years of age, at the time of the determination of the application;

  • (b) [Repealed, SOR/2004-167, s. 42]

  • SOR/2004-167, s. 42

Marginal note:Requirements for accompanying family members

 A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the family member is not inadmissible.

  • SOR/2008-202, s. 9(F)

DIVISION 2Spouse or Common-Law Partner in Canada Class

Marginal note:Class

 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

 A foreign national is a member of the spouse or common-law partner in Canada class if they

  • (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

  • (b) have temporary resident status in Canada; and

  • (c) are the subject of a sponsorship application.

Marginal note:Excluded relationships

  •  (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

    • (a) the foreign national is the sponsor’s spouse or common-law partner and is under 16 years of age;

    • (b) the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

    • (c) the foreign national is the sponsor’s spouse and

      • (i) the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or

      • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

        • (A) the sponsor is the common-law partner of another person or the conjugal partner of another foreign national, or

        • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or

    • (d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

  • Marginal note:Exception

    (2) Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

  • Marginal note:Application of par. (1)(d)

    (3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,

    • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

    • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

  • Definition of former Act

    (4) In subsection (2), former Act has the same meaning as in section 187 of the Act.

  • SOR/2004-167, s. 43

Marginal note:Withdrawal of sponsorship application

 A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

Marginal note:Approved sponsorship application

 For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirement

 The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:

  • (a) the person is a family member of the applicant both at the time the application is made and, without taking into account whether the person has attained 22 years of age, at the time of the determination of the application; and

  • (b) at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.

Marginal note:Requirements for accompanying family members

 A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the family member is not inadmissible.

  • SOR/2008-202, s. 10(F)

DIVISION 3Sponsors

Marginal note:Sponsor

  •  (1) Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

    • (a) is at least 18 years of age;

    • (b) resides in Canada; and

    • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

  • Marginal note:Sponsor not residing in Canada

    (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Marginal note:Sponsorship undertaking

 The sponsor’s undertaking shall be given

  • (a) to the Minister; or

  • (b) if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the province to determine and apply financial criteria with respect to sponsorship and the administration of sponsorship undertakings, to the competent authority of the province.

Marginal note:Undertaking — duration

  •  (1) Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of the sponsored foreign national and their family members during the period

    • (a) beginning

      • (i) if the foreign national enters Canada with a temporary resident permit, on the day of that entry,

      • (ii) if the foreign national is in Canada, on the day on which the foreign national obtains a temporary resident permit following an application to remain in Canada as a permanent resident, and

      • (iii) in any other case, on the day on which the foreign national becomes a permanent resident; and

    • (b) ending

      • (i) if the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

      • (ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age when they become a permanent resident, on the earlier of

        • (A) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident, and

        • (B) the day on which the foreign national reaches 25 years of age,

      • (iii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older when they become a permanent resident, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident; and

      • (iv) if the foreign national is a person other than a person referred to in subparagraph (i), (ii) or (iii), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

  • Marginal note:Undertaking to province — duration

    (2) In the case of an undertaking to a competent authority of a province referred to in paragraph 131(b), the period referred to in subsection (1) shall end not later than

    • (a) if the foreign national is a dependent child and is less than 22 years of age on the day on which they become a permanent resident, the later of

      • (i) the day on which they reach 22 years of age, and

      • (ii) the last day of the period of 10 years following the day they become a permanent resident; and

    • (b) if the foreign national is a person other than a dependent child and is less than 22 years of age on the day on which they become a permanent resident, on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

  • Marginal note:Undertaking to province — alternate duration

    (3) Notwithstanding subsection (2), the period referred to in subsection (1) shall end on the day provided for by the laws of the province if that day is earlier than the later of the days referred to in subsection (2).

  • Marginal note:Agreement

    (4) Subject to paragraph 137(c), if the person is to be sponsored as a member of the family class or of the spouse or common-law partner in Canada class and is at least 22 years of age, or is less than 22 years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes

    • (a) a statement by the sponsor and the co-signer, if any, that they will provide for the basic requirements of the person and their accompanying family members during the applicable period referred to in subsection (1);

    • (b) a declaration by the sponsor and the co-signer, if any, that their financial obligations do not prevent them from honouring their agreement with the person and their undertaking to the Minister in respect of the person’s application; and

    • (c) a statement by the person that they will make every reasonable effort to provide for their own basic requirements as well as those of their accompanying family members.

  • Marginal note:Co-signature — undertaking

    (5) Subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case,

    • (a) the sponsor’s income shall be calculated in accordance with paragraph 134(1)(b) or (c); and

    • (b) the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.

  • SOR/2004-167, s. 44
  • SOR/2005-61, s. 5

Marginal note:Requirements for sponsor

  •  (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

    • (a) is a sponsor as described in section 130;

    • (b) intends to fulfil the obligations in the sponsorship undertaking;

    • (c) is not subject to a removal order;

    • (d) is not detained in any penitentiary, jail, reformatory or prison;

    • (e) has not been convicted under the Criminal Code of

      • (i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person, or

      • (ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons, namely,

        • (A) a relative of the sponsor, including a dependent child or other family member of the sponsor,

        • (B) a relative of the sponsor’s spouse or of the sponsor’s common-law partner, including a dependent child or other family member of the sponsor’s spouse or of the sponsor’s common-law partner, or

        • (C) the conjugal partner of the sponsor or a relative of that conjugal partner, including a dependent child or other family member of that conjugal partner;

    • (f) has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (e);

    • (g) subject to paragraph 137(c), is not in default of

      • (i) any undertaking, or

      • (ii) any support payment obligations ordered by a court;

    • (h) is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada;

    • (i) subject to paragraph 137(c), is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;

    • (j) if the sponsor resides

      • (i) in a province other than a province referred to in paragraph 131(b), has a total income that is at least equal to the minimum necessary income, and

      • (ii) in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph; and

    • (k) is not in receipt of social assistance for a reason other than disability.

  • Marginal note:Exception — conviction in Canada

    (2) Despite paragraph (1)(e), a sponsorship application may not be refused

    • (a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or

    • (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

  • Marginal note:Exception — conviction outside Canada

    (3) Despite paragraph (1)(f), a sponsorship application may not be refused

    • (a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or

    • (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated.

  • Marginal note:Exception to minimum necessary income

    (4) Paragraph (1)(j) does not apply if the sponsored person is

    • (a) the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children;

    • (b) the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

    • (c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

  • Marginal note:Adopted sponsor

    (5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application.

  • SOR/2004-167, s. 45
  • SOR/2005-61, s. 6

Marginal note:Income calculation rules

  •  (1) For the purpose of subparagraph 133(1)(j)(i), the total income of the sponsor shall be determined in accordance with the following rules:

    • (a) the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the date of filing of the sponsorship application;

    • (b) if the sponsor produces a document referred to in paragraph (a), the sponsor’s income is the income earned as reported in that document less the amounts referred to in subparagraphs (c)(i) to (v);

    • (c) if the sponsor does not produce a document referred to in paragraph (a), or if the sponsor’s income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor’s Canadian income for the 12-month period preceding the date of filing of the sponsorship application is the income earned by the sponsor not including

      • (i) any provincial allowance received by the sponsor for a program of instruction or training,

      • (ii) any social assistance received by the sponsor from a province,

      • (iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

      • (iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

      • (v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

      • (vi) any Canada child tax benefit paid to the sponsor under the Income Tax Act; and

    • (d) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) to (c), with any modifications that the circumstances require, shall be included in the calculation of the sponsor’s income.

  • Marginal note:Change in circumstances

    (2) If an officer receives information indicating that the sponsor is no longer able to fulfil the sponsorship undertaking, the Canadian income of the sponsor shall be calculated in accordance with paragraph (1)(c) on the basis of the 12-month period preceding the day the officer receives that information rather than the 12-month period referred to in that paragraph.

Marginal note:Default

 For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking

  • (a) begins when

    • (i) a government makes a payment that the sponsor has in the undertaking promised to repay, or

    • (ii) an obligation set out in the undertaking is breached; and

  • (b) ends, as the case may be, when

    • (i) the sponsor reimburses the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or

    • (ii) the sponsor ceases to be in breach of the obligation set out in the undertaking.

Marginal note:Suspension during proceedings against sponsor or co-signer

  •  (1) If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until there has been a final determination of the proceeding:

    • (a) an application for revocation of citizenship under the Citizenship Act;

    • (b) a report prepared under subsection 44(1) of the Act; or

    • (c) a charge alleging the commission of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

  • Marginal note:Suspension during appeal by sponsor or co-signer

    (2) If a sponsor or co-signer has made an appeal under subsection 63(4) of the Act, the sponsorship application shall not be processed until the period for making the appeal has expired or there has been a final determination of the appeal.

Marginal note:Undertaking — Province of Quebec

 If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b),

  • (a) the sponsor’s undertaking, given in accordance with section 131, is the undertaking required by An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time;

  • (b) an officer shall approve the sponsorship application only if there is evidence that the competent authority of the Province has determined that the sponsor, on the day the undertaking was given as well as on the day a decision was made with respect to the application, was able to fulfil the undertaking; and

  • (c) subsections 132(4) and (5) and paragraphs 133(1)(g) and (i) do not apply.

PART 8Refugee Classes

DIVISION 1Convention Refugees Abroad and Humanitarian-Protected Persons Abroad

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Division and in Division 2.

group

groupe

group means

  • (a) five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

  • (b) one or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, and a corporation or unincorporated organization or association referred to in subsection 13(2) of the Act, acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances. (groupe)

referral organization

organisation de recommandation

referral organization means

  • (a) the United Nations High Commissioner for Refugees; or

  • (b) any organization with which the Minister has entered into a memorandum of understanding under section 143. (organisation de recommandation)

sponsor

répondant

sponsor means

  • (a) a group, a corporation or an unincorporated organization or association referred to in subsection 13(2) of the Act, or any combination of them, that is acting for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

  • (b) for the purposes of section 158, a sponsor within the meaning of the regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. (répondant)

undertaking

engagement

undertaking means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member’s accompanying family members and any of the member’s non-accompanying family members who meet the requirements of section 141, for the period determined in accordance with subsections 154(2) and (3). (engagement)

urgent need of protection

besoin urgent de protection

urgent need of protection means, in respect of a member of the Convention refugee abroad, the country of asylum or the source country class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be

  • (a) killed;

  • (b) subjected to violence, torture, sexual assault or arbitrary imprisonment; or

  • (c) returned to their country of nationality or of their former habitual residence. (besoin urgent de protection)

vulnerable

vulnérable

vulnerable means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety. (vulnérable)

  • SOR/2009-163, s. 2(F)

General

Marginal note:General requirements

  •  (1) A permanent resident visa shall be issued to a foreign national in need of refugee protection, and their accompanying family members, if following an examination it is established that

    • (a) the foreign national is outside Canada;

    • (b) the foreign national has submitted an application in accordance with section 150;

    • (c) the foreign national is seeking to come to Canada to establish permanent residence;

    • (d) the foreign national is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely

      • (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or

      • (ii) resettlement or an offer of resettlement in another country;

    • (e) the foreign national is a member of one of the classes prescribed by this Division;

    • (f) one of the following is the case, namely

      • (i) the sponsor’s sponsorship application for the foreign national and their family members included in the application for protection has been approved under these Regulations,

      • (ii) in the case of a member of the Convention refugee abroad or source country class, financial assistance in the form of funds from a governmental resettlement assistance program is available in Canada for the foreign national and their family members included in the application for protection, or

      • (iii) the foreign national has sufficient financial resources to provide for the lodging, care and maintenance, and for the resettlement in Canada, of themself and their family members included in the application for protection;

    • (g) if the foreign national intends to reside in a province other than the Province of Quebec, the foreign national and their family members included in the application for protection will be able to become successfully established in Canada, taking into account the following factors:

      • (i) their resourcefulness and other similar qualities that assist in integration in a new society,

      • (ii) the presence of their relatives, including the relatives of a spouse or a common-law partner, or their sponsor in the expected community of resettlement,

      • (iii) their potential for employment in Canada, given their education, work experience and skills, and

      • (iv) their ability to learn to communicate in one of the official languages of Canada;

    • (h) if the foreign national intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national and their family members included in the application for protection meet the selection criteria of the Province; and

    • (i) subject to subsection (3), the foreign national and their family members included in the application for protection are not inadmissible.

  • Marginal note:Exception

    (2) Paragraph (1)(g) does not apply to a foreign national, or their family members included in the application for protection, who has been determined by an officer to be vulnerable or in urgent need of protection.

  • Marginal note:Financial inadmissibility — exemption

    (3) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of section 39 of the Act.

  • Marginal note:Health grounds — exception

    (4) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of paragraph 38(1)(c) of the Act.

  • SOR/2004-167, s. 80(F)

Marginal note:Class of family members

 Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class.

Marginal note:Non-accompanying family member

  •  (1) A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that

    • (a) the family member was included in the applicant’s permanent resident visa application at the time that application was made, or was added to that application before the applicant’s departure for Canada;

    • (b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant;

    • (c) the family member is not inadmissible;

    • (d) the applicant’s sponsor under subparagraph 139(1)(f)(i) has been notified of the family member’s application and an officer is satisfied that there are adequate financial arrangements for resettlement; and

    • (e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • Marginal note:Non-application of s. 150(1)

    (2) For greater certainty, subsection 150(1) does not apply to the application of a non-accompanying family member.

  • SOR/2004-167, s. 80(F)

Marginal note:Family members

 For the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant

  • (a) at the time the application referred to in subsection 150(1) was made; and

  • (b) at the time of the determination of the application referred to in paragraph 141(1)(b), without taking account of whether the person has attained 22 years of age.

Marginal note:Memorandum of understanding

  •  (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates

    • (a) a working knowledge of the provisions of the Act relating to protection criteria; and

    • (b) an ability abroad to locate and identify Convention refugees and persons in similar circumstances.

  • Marginal note:Content of memorandum of understanding

    (2) The memorandum of understanding shall include provisions with respect to

    • (a) the geographic area to be served by the organization;

    • (b) the number of referrals that may be made by the organization and the manner of referral;

    • (c) the training of members or employees of the organization; and

    • (d) the grounds for suspending or cancelling the memorandum of understanding.

  • SOR/2004-167, s. 46(F)
  • SOR/2009-163, s. 3(F)

Convention Refugees Abroad

Marginal note:Convention refugees abroad class

 The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.

Marginal note:Member of Convention refugees abroad class

 A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.

Humanitarian-protected Persons Abroad

Marginal note:Humanitarian-protected persons abroad

  •  (1) For the purposes of subsection 12(3) of the Act, a person in similar circumstances to those of a Convention refugee is a member of one of the following humanitarian-protected persons abroad classes:

    • (a) the country of asylum class; or

    • (b) the source country class.

  • Marginal note:Classes

    (2) The country of asylum class and the source country class are prescribed as classes of persons who may be issued permanent resident visas on the basis of the requirements of this Division.

Marginal note:Member of country of asylum class

 A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because

  • (a) they are outside all of their countries of nationality and habitual residence; and

  • (b) they have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries.

Marginal note:Member of the source country class

  •  (1) A foreign national is a member of the source country class if they have been determined by an officer to be in need of resettlement because

    • (a) they are residing in their country of nationality or habitual residence and that country is a source country within the meaning of subsection (2) at the time their permanent resident visa application is made as well as at the time a visa is issued; and

    • (b) they

      • (i) are being seriously and personally affected by civil war or armed conflict in that country,

      • (ii) have been or are being detained or imprisoned with or without charges, or subjected to some other form of penal control, as a direct result of an act committed outside Canada that would, in Canada, be a legitimate expression of freedom of thought or a legitimate exercise of civil rights pertaining to dissent or trade union activity, or

      • (iii) by reason of a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group, are unable or, by reason of such fear, unwilling to avail themself of the protection of any of their countries of nationality or habitual residence.

  • Marginal note:Source country

    (2) A source country is a country

    • (a) where persons are in refugee-like situations as a result of civil war or armed conflict or because their fundamental human rights are not respected;

    • (b) where an officer works or makes routine working visits and is able to process visa applications without endangering their own safety, the safety of applicants or the safety of Canadian embassy staff;

    • (c) where circumstances warrant humanitarian intervention by the Department in order to implement the overall humanitarian strategies of the Government of Canada, that intervention being in keeping with the work of the United Nations High Commissioner for Refugees; and

    • (d) that is set out in Schedule 2.

  • SOR/2009-163, s. 4(F)

Marginal note:Minister's consultations on Schedule 2

 The Minister may, for the purpose of advising the Governor in Council of circumstances in a country that may justify amending Schedule 2, consult with the Department of Foreign Affairs and International Trade, the United Nations High Commissioner for Refugees, the provinces and non-governmental organizations with substantial knowledge of the country in question.

  •  (1) An application for a permanent resident visa submitted by a foreign national under this Division must be made at the immigration office outside Canada that serves the applicant's place of residence and must be accompanied by either an undertaking or

    • (a) a referral from a referral organization;

    • (b) a referral resulting from an arrangement between the Minister and a government of a foreign state or any institution of such a government relating to resettlement; or

    • (c) a referal resulting from an agreement relating to resettlement entered into by the Government of Canada and an international organization or a government of a foreign state.

  • Marginal note:Exception — requirement for referral or undertaking

    (2) A foreign national may submit a permanent resident visa application without a referral or an undertaking if the foreign national resides in a geographic area that the Minister has determined under subsection (3) to be a geographic area in which circumstances justify the submission of permanent resident visa applications not accompanied by a referral or an undertaking.

  • Marginal note:Minister's determination

    (3) The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications not accompanied by a referral or an undertaking:

    • (a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 143 that they are unable to make the number of referrals specified in their memorandum of understanding for the area;

    • (b) the inability of referral organizations to refer persons in the area;

    • (c) the resettlement needs in the area, after consultation with referral organizations that have substantial knowledge of the area; and

    • (d) the relative importance of resettlement needs in the area, within the context of resettlement needs globally.

  • SOR/2004-167, s. 47
  • SOR/2009-163, s. 5(F)

Marginal note:Travel document

 An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who

  • (a) holds a permanent resident visa or a temporary resident permit;

  • (b) does not hold a valid passport or travel document issued by their country of nationality or the country of their present or former habitual residence;

  • (c) does not hold a valid travel document issued by the United Nations or the International Committee of the Red Cross and is unable to obtain such a document within a reasonable time; and

  • (d) would be unable to travel to Canada if the temporary travel document were not issued.

  • SOR/2009-163, s. 6(F)

Protected Temporary Residents

Marginal note:Protected temporary residents class

  •  (1) The protected temporary residents class is prescribed as a class of persons who may become permanent residents on the basis of the requirements of this section.

  • Marginal note:Member of the class

    (2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and

    • (a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or

    • (b) was issued a Minister’s permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations.

  • Marginal note:Application

    (2.1) A foreign national destined for Quebec does not become a member of the protected temporary residents class described in paragraph (2)(a) if they have not received a selection certificate from the Province of Quebec.

  • Marginal note:Former Act and Regulations

    (3) In subsection (2), former Act has the same meaning as in section 187 of the Act and former Regulations and Humanitarian Designated Classes Regulations have the same meaning as in subsection 316(1) of these Regulations.

  • SOR/2004-167, s. 48
  • SOR/2009-163, s. 7(F)

DIVISION 2Sponsorship

Marginal note:Sponsorship agreements

  •  (1) The Minister may enter into a sponsorship agreement with a sponsor for the purpose of facilitating the processing of sponsorship applications.

  • Marginal note:Contents of agreement

    (2) A sponsorship agreement shall include provisions relating to

    • (a) settlement plans;

    • (b) financial requirements;

    • (c) assistance to be provided by the Department;

    • (d) the standard of conduct expected of the sponsor;

    • (e) reporting requirements; and

    • (f) the grounds for suspending or cancelling the agreement.

Marginal note:Sponsorship requirements

  •  (1) In order to sponsor a foreign national and their family members who are members of a class prescribed by Division 1, a sponsor

    • (a) must reside or have representatives in the expected community of settlement;

    • (b) must make an application that includes a settlement plan and an undertaking; and

    • (c) must not be — or include — an individual, a corporation or an unincorporated organization or association that was a party to a sponsorship in which they defaulted on an undertaking and remain in default.

  • Marginal note:Undertaking

    (2) The undertaking referred to in paragraph (1)(b) shall be signed by each party to the sponsorship.

  • Marginal note:Joint and several or solidary liability

    (3) All parties to the undertaking are jointly and severally or solidarily liable.

  • Marginal note:End of default

    (4) A party or a sponsor who defaults on an undertaking ceases to be in default

    • (a) in the case of a sponsor who defaults on a financial obligation, when the sponsor has reimbursed the government concerned, in full or in accordance with an agreement with that government, for amounts paid by the government;

    • (b) in the case of a party who defaults on a financial obligation, when the defaulting party has reimbursed any other party to the sponsorship, in full or in accordance with an agreement with that party, for amounts paid by that party;

    • (c) in the case of a sponsor who defaults on a non-financial obligation, when the sponsor satisfies an officer that they are in compliance with the obligation; and

    • (d) in the case of an organization or association that was a party to a sponsorship and defaulted for any reason, when a period of five years has elapsed from the date of default.

  • SOR/2009-163, s. 8(F)

Marginal note:Approval of application

  •  (1) An officer shall approve an application referred to in paragraph 153(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that

    • (a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 157(1) applies; and

    • (b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement.

  • Marginal note:Duration of sponsor’s undertaking

    (2) Subject to subsection (3), the duration of an undertaking is one year.

  • Marginal note:Officer’s determination

    (3) An officer may, on the basis of the assessment made under paragraph 139(1)(g), require that the duration of the undertaking be more than one year but not more than three years.

Marginal note:Revoking approval

 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1).

Marginal note:Ineligibility to be a party to a sponsorship

  •  (1) The following persons are ineligible to be a party to a sponsorship:

    • (a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence imposed under the Criminal Code;

    • (b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person’s sentence imposed under a foreign law;

    • (c) a person who is in default of any support payment obligations ordered by a court;

    • (d) a person who is subject to a removal order;

    • (e) a person who is subject to a revocation proceeding under the Citizenship Act; and

    • (f) a person who is detained in any penitentiary, jail, reformatory or prison.

  • Marginal note:Exception if pardoned

    (2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.

Marginal note:Joint assistance sponsorship

  •  (1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial assistance of the Government of Canada available for the purpose of sponsorship. A sponsor identified by the Department is exempt from the financial requirements of paragraph 154(1)(a).

  • Marginal note:Definition of special needs

    (2) In this section, special needs means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including

    • (a) a large number of family members;

    • (b) trauma resulting from violence or torture;

    • (c) medical disabilities; and

    • (d) the effects of systemic discrimination.

Marginal note:Settlement in the Province of Quebec

 If the foreign national and their family members intend to reside in the Province of Quebec, the sponsor must meet the requirements for sponsorship that are provided by regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. In such a case, the requirements of this Division, other than section 156, do not apply.

  • SOR/2004-167, s. 80(F)

DIVISION 3Determination of Eligibility of Claim

Marginal note:Working day

 For the purposes of subsections 100(1) and (3) of the Act,

  • (a) a working day does not include Saturdays or holidays;

  • (b) a day that is not a working day is not included in the calculation of the three-day period; and

  • (c) the three-day period begins from the day on which the claim is received.

Marginal note:Definitions

 The following definitions apply in this section and sections 159.2 to 159.7.

Agreement

Agreement means the Agreement dated December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries. (Accord)

claimant

claimant means a claimant referred to in paragraph 101(1)(e) of the Act. (demandeur)

designated country

designated country means a country designated by section 159.3. (pays désigné)

family member

family member, in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. (membre de la famille)

legal guardian

legal guardian, in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur légal)

United States

United States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. (États-Unis)

  • SOR/2004-217, s. 2

Marginal note:Non-application — former habitual residence

 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence.

  • SOR/2004-217, s. 2

Marginal note:Designation — United States

 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act.

  • SOR/2004-217, s. 2

Marginal note:Non-application — ports of entry other than land ports of entry

  •  (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at

    • (a) a location that is not a port of entry;

    • (b) a port of entry that is a harbour port, including a ferry landing; or

    • (c) subject to subsection (2), a port of entry that is an airport.

  • Marginal note:In transit exception

    (2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.

  • SOR/2004-217, s. 2

Marginal note:Non-application — claimants at land ports of entry

 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that

  • (a) a family member of the claimant is in Canada and is a Canadian citizen;

  • (b) a family member of the claimant is in Canada and is

    • (i) a protected person within the meaning of subsection 95(2) of the Act,

    • (ii) a permanent resident under the Act, or

    • (iii) a person in favour of whom a removal order has been stayed in accordance with section 233;

  • (c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless

    • (i) the claim has been withdrawn by the family member,

    • (ii) the claim has been abandoned by the family member,

    • (iii) the claim has been rejected, or

    • (iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection;

  • (d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than

    • (i) a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or

    • (ii) a study permit that has become invalid as a result of the application of section 222;

  • (e) the claimant is a person who

    • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian,

    • (ii) has neither a spouse nor a common-law partner, and

    • (iii) has neither a mother or father nor a legal guardian in Canada or the United States;

  • (f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,

    • (i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,

    • (ii) a temporary resident permit issued under subsection 24(1) of the Act,

    • (iii) a travel document referred to in subsection 31(3) of the Act,

    • (iv) refugee travel papers issued by the Minister of Foreign Affairs, or

    • (v) a temporary travel document referred to in section 151;

  • (g) the claimant is a person

    • (i) who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and

    • (ii) who would, if the claimant were entering the United States, be required to hold a visa; or

  • (h) the claimant is

    • (i) a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or

    • (ii) a permanent resident who has been ordered removed from the United States and is being returned to Canada.

  • SOR/2004-217, s. 2
  • SOR/2009-290, s. 2(E)

Marginal note:Non-application — claimants at land ports of entry and in transit

 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes, in accordance with subsection 100(4) of the Act, that the claimant

  • (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or

  • (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country.

  • (c) [Repealed, SOR/2009-210, s. 1]

  • SOR/2004-217, s. 2
  • SOR/2009-210, s. 1

Marginal note:Temporal operation

  •  (1) For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if

    • (a) a notice of suspension of the Agreement setting out the period of suspension is publicized broadly in the various regions of Canada by the Minister via information media and on the website of the Department;

    • (b) a notice of renewal of the suspension of the Agreement setting out the period of renewal of suspension is published in accordance with subsection (6);

    • (c) a notice of suspension of a part of the Agreement is issued by the Government of Canada and the Government of the United States; or

    • (d) a notice of termination of the Agreement is issued by the Government of Canada or the Government of the United States.

  • Marginal note:Paragraph (1)(a) — notice of suspension of Agreement

    (2) Subject to subsection (3), if a notice of suspension of the Agreement is publicized under paragraph (1)(a), sections 159.2 to 159.6 are rendered inoperative for a period of up to three months that shall be set out in the notice, which period shall begin on the day after the day on which the notice is publicized.

  • Marginal note:Paragraph (1)(b) — notice of renewal of suspension of Agreement

    (3) If a notice of renewal of the suspension of the Agreement is published under paragraph (1)(b), sections 159.2 to 159.6 are rendered inoperative for the further period of up to three months set out in the notice.

  • Marginal note:Paragraph (1)(c) — suspension of part of Agreement

    (4) If a notice of suspension of part of the Agreement is issued under paragraph (1)(c), those provisions of these Regulations relating to the application of the Agreement that are referred to in the notice are rendered inoperative for a period that shall be set out in the notice. All other provisions of these Regulations continue to apply.

  • Marginal note:Paragraph (1)(d) — termination of Agreement

    (5) If a notice of termination of the Agreement is issued under paragraph (1)(d), sections 159.1 to 159.6 and this section cease to have effect on the day set out in the notice.

  • Marginal note:Publication requirement — Canada Gazette

    (6) Any notice referred to in paragraph (1)(b), (c) or (d) shall be published in the Canada Gazette, Part I, not less than seven days before the day on which the renewal, suspension in part or termination provided for in the notice is effective.

  • SOR/2004-217, s. 2

DIVISION 4Pre-Removal Risk Assessment

Marginal note:Application for protection

  •  (1) Subject to subsection (2) and for the purposes of subsection 112(1) of the Act, a person may apply for protection after they are given notification to that effect by the Department.

  • Marginal note:No notification

    (2) A person described in section 165 or 166 may apply for protection in accordance with that section without being given notification to that effect by the Department.

  • Marginal note:Notification

    (3) Notification shall be given

    • (a) in the case of a person who is subject to a removal order that is in force, before removal from Canada; and

    • (b) in the case of a person named in a certificate described in subsection 77(1) of the Act, when the summary of information and other evidence is filed under subsection 77(2) of the Act.

  • Marginal note:When notification is given

    (4) Notification is given

    • (a) when the person is given the application for protection form by hand; or

    • (b) if the application for protection form is sent by mail, seven days after the day on which it was sent to the person at the last address provided by them to the Department.

  • SOR/2008-193, s. 1
  • SOR/2009-290, s. 3(F)

Marginal note:Submissions

  •  (1) A person applying for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or solicitor or other counsel.

  • Marginal note:New evidence

    (2) A person who makes written submissions must identify the evidence presented that meets the requirements of paragraph 113(a) of the Act and indicate how that evidence relates to them.

Marginal note:Application within 15-day period

 An application received within 15 days after notification was given under section 160 shall not be decided until at least 30 days after notification was given. The removal order is stayed under section 232 until the earliest of the events referred to in paragraphs 232(c) to (f) occurs.

Marginal note:Applications after the 15-day period

 A person who has remained in Canada since being given notification under section 160 may make an application after a period of 15 days has elapsed from notification being given under that section, but the application does not result in a stay of the removal order. Written submissions, if any, must accompany the application.

Marginal note:Application that must be received within 15-day period — certificate

 Despite section 163, an application by a person who is named in a certificate described in subsection 77(1) of the Act must be received within 15 days after notification was given under section 160. An application received within that period shall not be decided until at least 30 days after notification was given.

  • SOR/2009-290, s. 4(F)

Marginal note:Subsequent application

 A person whose application for protection was rejected and who has remained in Canada since being given notification under section 160 may make another application. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.

Marginal note:Application at port of entry

 An application for protection by a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility on entry into Canada must, if the order is in force, be received as soon as the removal order is made. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.

Marginal note:Hearing — prescribed factors

 For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following:

  • (a) whether there is evidence that raises a serious issue of the applicant’s credibility and is related to the factors set out in sections 96 and 97 of the Act;

  • (b) whether the evidence is central to the decision with respect to the application for protection; and

  • (c) whether the evidence, if accepted, would justify allowing the application for protection.

Marginal note:Hearing procedure

 A hearing is subject to the following provisions:

  • (a) notice shall be provided to the applicant of the time and place of the hearing and the issues of fact that will be raised at the hearing;

  • (b) the hearing is restricted to matters relating to the issues of fact stated in the notice, unless the officer conducting the hearing considers that other issues of fact have been raised by statements made by the applicant during the hearing;

  • (c) the applicant must respond to the questions posed by the officer and may be assisted for that purpose, at their own expense, by a barrister or solicitor or other counsel; and

  • (d) any evidence of a person other than the applicant must be in writing and the officer may question the person for the purpose of verifying the evidence provided.

Marginal note:Abandonment

 An application for protection is declared abandoned

  • (a) in the case of an applicant who fails to appear at a hearing, if the applicant is given notice of a subsequent hearing and fails to appear at that hearing; and

  • (b) in the case of an applicant who voluntarily departs Canada, when the applicant’s removal order is enforced under section 240 or the applicant otherwise departs Canada.

  • SOR/2009-290, s. 5(F)

Marginal note:Withdrawal

 An application for protection may be withdrawn by the applicant at any time by notifying the Minister in writing. The application is declared to be withdrawn on receipt of the notice.

Marginal note:Effect of abandonment and withdrawal

 An application for protection is rejected when a decision is made not to allow the application or when the application is declared withdrawn or abandoned.

Marginal note:Applicant described in s. 112(3) of the Act

  •  (1) Before making a decision to allow or reject the application of an applicant described in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and any written response of the applicant to the assessments that is received within 15 days after the applicant is given the assessments.

  • Marginal note:Assessments

    (2) The following assessments shall be given to the applicant:

    • (a) a written assessment on the basis of the factors set out in section 97 of the Act; and

    • (b) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

  • Marginal note:Certificate

    (2.1) Despite subsection (2), no assessments shall be given to an applicant who is named in a certificate until a judge under section 78 of the Act determines whether the certificate is reasonable.

  • Marginal note:When assessments given

    (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

  • Marginal note:Applicant not described in s. 97 of the Act

    (4) Despite subsections (1) to (3), if the Minister decides on the basis of the factors set out in section 97 of the Act that the applicant is not described in that section,

    • (a) no written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act need be made; and

    • (b) the application is rejected.

  • SOR/2008-193, s. 2

Marginal note:Re-examination of stay — procedure

  •  (1) A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given

    • (a) a notice of re-examination;

    • (b) a written assessment on the basis of the factors set out in section 97 of the Act; and

    • (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

  • Marginal note:Assessments and response

    (2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person.

  • Marginal note:When assessments given

    (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

  • SOR/2009-290, s. 6

Marginal note:Reasons for decision

 On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.

DIVISION 5Protected Persons — Permanent Residence

Marginal note:Application period

  •  (1) For the purposes of subsection 21(2) of the Act, an application to remain in Canada as a permanent resident must be received by the Department within 180 days after the determination by the Board, or the decision of the Minister, referred to in that subsection.

  • Marginal note:Judicial review

    (2) An officer shall not be satisfied that an applicant meets the conditions of subsection 21(2) of the Act if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.

  • Marginal note:Quebec

    (3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

Marginal note:Family members

  •  (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

  • Marginal note:One-year time limit

    (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

    • (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

    • (b) the family member is not inadmissible on the grounds referred to in subsection (3).

  • Marginal note:Inadmissibility

    (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Marginal note:Prescribed classes

 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

  • (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the loss of refugee protection or nullification of the determination that led to conferral of refugee protection;

  • (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

  • (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

  • (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

  • (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

Marginal note:Identity documents

  •  (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application

    • (a) any identity document issued outside Canada before the person’s entry into Canada; or

    • (b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by

      • (i) a statutory declaration attesting to the applicant’s identity made by a person who knew the applicant, a family member of the applicant, or the applicant’s father, mother, brother, sister, grandfather or grandmother prior to the applicant’s entry into Canada, or

      • (ii) the statutory declaration of an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence attesting to the applicant’s identity.

  • Marginal note:Alternative documents

    (2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if

    • (a) in the case of an identity document, the identity document

      • (i) is genuine,

      • (ii) identifies the applicant, and

      • (iii) constitutes credible evidence of the applicant’s identity; and

    • (b) in the case of a statutory declaration, the declaration

      • (i) is consistent with any information previously provided by the applicant to the Department or the Board, and

      • (ii) constitutes credible evidence of the applicant’s identity.

  • SOR/2004-167, s. 49

PART 9Temporary Residents

DIVISION 1Temporary Resident Visa

Marginal note:Issuance

 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

  • (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;

  • (b) will leave Canada by the end of the period authorized for their stay under Division 2;

  • (c) holds a passport or other document that they may use to enter the country that issued it or another country;

  • (d) meets the requirements applicable to that class;

  • (e) is not inadmissible; and

  • (f) meets the requirements of section 30.

Holders of Temporary Resident Visas

Marginal note:Authorization

 A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

  • (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

  • (b) continue to meet these requirements at the time of the examination on entry into Canada.

Applications for Extension of Authorization to Remain in Canada as a Temporary Resident

Marginal note:Circumstances

  •  (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

    • (a) the application is made by the end of the period authorized for their stay; and

    • (b) they have complied with all conditions imposed on their entry into Canada.

  • Marginal note:Extension

    (2) An officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

Restoration of Temporary Resident Status

Marginal note:Restoration

 On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.

DIVISION 2Conditions on Temporary Residents

Marginal note:General conditions

  •  (1) Subject to section 185, the following conditions are imposed on all temporary residents:

    • (a) to leave Canada by the end of the period authorized for their stay;

    • (b) to not work, unless authorized by this Part or Part 11; and

    • (c) to not study, unless authorized by this Part or Part 12.

  • Marginal note:Authorized period of stay

    (2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of

    • (a) the temporary resident’s means of support in Canada;

    • (b) the period for which the temporary resident applies to stay; and

    • (c) the expiry of the temporary resident’s passport or other travel document.

  • Marginal note:Authorized period begins

    (3) The period authorized for the stay of a temporary resident begins on

    • (a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized; and

    • (b) in any other case, the day on which they enter Canada.

  • Marginal note:Authorized period ends

    (4) The period authorized for a temporary resident’s stay ends on the earliest of

    • (a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

    • (b) the day on which any work permit or study permit issued to the temporary resident expires;

    • (c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or

    • (d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.

  • Marginal note:Extension of period authorized for stay

    (5) If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

    • (a) the day on which a decision is made, if the application is refused; or

    • (b) the end of the new period authorized for their stay, if the application is allowed.

  • Marginal note:Continuation of status and conditions

    (6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.

Marginal note:Condition imposed on members of a crew

  •  (1) A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew.

  • Marginal note:Conditions imposed on foreign nationals who enter to become members of a crew

    (2) The following conditions are imposed on a foreign national who enters Canada to become a member of a crew:

    • (a) [Repealed, SOR/2004-167, s. 50]

    • (b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and

    • (c) to leave Canada within 72 hours after they cease to be a member of a crew.

  • SOR/2004-167, s. 50

Marginal note:Specific conditions

 An officer may impose, vary or cancel the following specific conditions on a temporary resident:

  • (a) the period authorized for their stay;

  • (b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

    • (i) the type of work,

    • (ii) the employer,

    • (iii) the location of the work,

    • (iv) the times and periods of the work, and

    • (v) in the case of a member of a crew, the period within which they must join the means of transportation;

  • (c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

    • (i) the type of studies or course,

    • (ii) the educational institution,

    • (iii) the location of the studies, and

    • (iv) the times and periods of the studies;

  • (d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and

  • (e) the times and places at which they must report for

    • (i) medical examination, surveillance or treatment, or

    • (ii) the presentation of evidence of compliance with applicable conditions.

  • SOR/2004-167, s. 51(F)

DIVISION 3Work Without a Permit

Marginal note:No permit required

 A foreign national may work in Canada without a work permit

  • (a) as a business visitor to Canada within the meaning of section 187;

  • (b) as a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

  • (c) if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the Department of Foreign Affairs and International Trade and that Department has stated in writing that it does not object to the foreign national working in Canada;

  • (d) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;

  • (e) as an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

  • (f) if they are a full-time student, on the campus of the university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college;

  • (g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if

    • (i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and

    • (ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services, nor performing in a bar, restaurant or similar establishment;

  • (h) as a participant in sports activities or events, in Canada, either as an individual participant or as a member of a foreign-based team or Canadian amateur team;

  • (i) as an employee of a foreign news company for the purpose of reporting on events in Canada;

  • (j) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days;

  • (k) as a member of the executive of a committee that is organizing a convention or meeting in Canada or as a member of the administrative support staff of such a committee;

  • (l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;

  • (m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition;

  • (n) as an examiner or evaluator of research proposals, academic projects or programs or university theses;

  • (o) as an expert who conducts surveys or analyses that are to be used as evidence before a federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, tribunal or court of law;

  • (p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field;

  • (q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights;

  • (r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act;

  • (s) as a member of a crew who is employed by a foreign company aboard a means of transportation that

    • (i) is foreign-owned and not registered in Canada, and

    • (ii) is engaged primarily in international transportation;

  • (t) as a provider of emergency services, including medical services, for the protection or preservation of life or property; or

  • (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

Marginal note:Business visitors

  •  (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.

  • Marginal note:Specific cases

    (2) The following foreign nationals are business visitors:

    • (a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;

    • (b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and

    • (c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.

  • Marginal note:Factors

    (3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if

    • (a) the primary source of remuneration for the business activities is outside Canada; and

    • (b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.

DIVISION 4Study Without a Permit

Marginal note:No permit required

  •  (1) A foreign national may study in Canada without a study permit

    • (a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

    • (b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces; or

    • (c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada.

  • Marginal note:Exception

    (2) Despite paragraph (1)(c), a foreign national may apply for a study permit before entering Canada for a course or program of studies of a duration of six months or less.

  • SOR/2004-167, s. 52(F)

Marginal note:Expired study permits

 A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit.

DIVISION 5Temporary Resident Visa Exemptions

Marginal note:Visa exemption — nationality

  •  (1) A foreign national does not require a temporary resident visa if they

    • (a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei Darussalam, Croatia, Cyprus, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Republic of Korea, Latvia, Liechtenstein, Luxembourg, Malta, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, St. Kitts and Nevis, St. Lucia, St. Vincent, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Swaziland, Sweden or Switzerland;

    • (b) are

      • (i) a British citizen,

      • (ii) a British overseas citizen who is re-admissible to the United Kingdom, or

      • (iii) a citizen of a British overseas territory who derives that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands; or

    • (c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.

  • Marginal note:Visa exemption — documents

    (2) A foreign national does not require a temporary resident visa if they

    • (a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member;

    • (b) hold a passport or travel document issued by the Holy See;

    • (c) hold a national Israeli passport;

    • (d) hold a Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People’s Republic of China; or

    • (e) hold a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong.

  • Marginal note:Visa exemption — nationality and documents

    (2.1) A foreign national who is a citizen of Lithuania or Poland does not require a temporary resident visa if they hold a machine readable passport that contains a contactless integrated circuit chip and that is issued by Lithuania or Poland, as the case may be.

  • Marginal note:Visa exemption — purpose of entry

    (3) A foreign national does not require a temporary resident visa if they are seeking to enter and remain in Canada solely

    • (a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,

      • (i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or

      • (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

    • (b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and

      • (i) they are in possession of a visa to enter the United States and their flight is bound for that country, or

      • (ii) they were lawfully admitted to the United States and their flight originated in that country;

    • (c) to transit through Canada as a passenger on a flight if the foreign national

      • (i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,

      • (ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and

      • (iii) is in possession of any visa required to enter the country of destination;

    • (d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;

    • (e) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States;

    • (f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

      • (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and

      • (ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

    • (g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or

    • (h) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.

  • (3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel does not require a temporary resident visa if they are seeking

    • (a) to enter Canada as a member of the crew of the vessel; and

    • (b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.

  • Marginal note:Content of memorandum of understanding

    (4) A memorandum of understanding referred to in paragraph (3)(c) shall include provisions respecting

    • (a) the countries to which the memorandum of understanding applies;

    • (b) the scheduled flights to which the memorandum of understanding applies; and

    • (c) the commercial transporter’s obligation to control the movement of in-transit passengers.

  • SOR/2002-326, s. 1
  • SOR/2002-332, s. 1
  • SOR/2003-197, s. 2
  • SOR/2003-260, s. 2
  • SOR/2004-111, s. 1
  • SOR/2004-167, s. 53(E)
  • SOR/2006-228, s. 1
  • SOR/2007-238, s. 1
  • SOR/2008-54, s. 1
  • SOR/2008-308, s. 1
  • SOR/2009-105, s. 1
  • SOR/2009-163, s. 9(F)
  • SOR/2009-207, s. 1
  • SOR/2009-208, s. 1

PART 10Visitors

Marginal note:Class

 The visitor class is prescribed as a class of persons who may become temporary residents.

Marginal note:Visitor

 A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor.

Marginal note:Conditions

 A visitor is subject to the conditions imposed under Part 9.

PART 10.12010 Vancouver Olympic and Paralympic Winter Games

Definition of VANOC

 In this Part, VANOC means the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games that was incorporated under the laws of Canada on September 30, 2003.

  • SOR/2008-309, s. 1

Marginal note:Deemed application

  •  (1) For the purpose of facilitating the entry of foreign nationals described in this Part for the 2010 Olympic or Paralympic Winter Games, a foreign national in respect of whom an officer has received the following information from VANOC is deemed to have made an application in accordance with subsection 11(1) of the Act:

    • (a) the person’s surname, first name and any middle names;

    • (b) the person’s gender;

    • (c) the person’s date and place of birth;

    • (d) the person’s country of citizenship;

    • (e) the person’s place and country of residence;

    • (f) the person’s passport number, the passport’s date of expiry and the country of issue or, if the person does not have a passport, the number on the travel document that identifies the person, the travel document’s date of expiry and the issuer of the travel document;

    • (g) the person’s intended function at the 2010 Olympic or Paralympic Winter Games, as the case may be; and

    • (h) confirmation that the person is registered as an Olympic or Paralympic family member by VANOC.

  • Marginal note:Deemed application for temporary resident visa

    (2) If an officer determines that the foreign national requires a temporary resident visa, the foreign national is deemed to have applied for a multiple-entry temporary resident visa.

  • Marginal note:Deemed application for work permit

    (3) If an officer determines that the foreign national requires a work permit to perform their intended function at the 2010 Olympic or Paralympic Winter Games, the foreign national is deemed to have applied for a work permit to perform that function in accordance with Division 2 of Part 11.

  • Marginal note:Deemed application for temporary resident permit

    (4) If an officer determines that the foreign national is inadmissible or does not meet the requirements of the Act and these Regulations, the foreign national is deemed to have applied for a temporary resident permit.

  • SOR/2008-309, s. 1

Marginal note:Issuance of temporary resident visa

  •  (1) An officer may issue a temporary resident visa to a foreign national in respect of whom the information referred to in subsection 193.2(1) is received if, following an examination, it is established that the foreign national

    • (a) requires a temporary resident visa;

    • (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

    • (c) holds a passport or other document that they may use to enter the country that issued it or another country;

    • (d) is not inadmissible;

    • (e) meets the requirements of section 30; and

    • (f) is approved for accreditation by VANOC for the 2010 Olympic or Paralympic Winter Games.

  • Marginal note:Period of entry

    (2) A temporary resident visa issued under subsection (1) shall authorize the foreign national to enter Canada during

    • (a) the period that begins on December 12, 2009 and ends on March 28, 2010, if the foreign national is approved for accreditation by VANOC for the 2010 Olympic Winter Games; or

    • (b) the period that begins on January 12, 2010 and ends on April 21, 2010, if the foreign national is approved for accreditation by VANOC for the 2010 Paralympic Winter Games.

  • SOR/2008-309, s. 1

Marginal note:Work permits — Olympic Games

  •  (1) A work permit authorizing a foreign national to perform a function at the 2010 Olympic Winter Games shall not be issued further to an application referred to in subsection 193.2(3) unless the foreign national is approved for accreditation for those Games.

  • Marginal note:Work permits — Paralympic Games

    (2) A work permit authorizing a foreign national to perform a function at the 2010 Paralympic Winter Games shall not be issued further to an application referred to in subsection 193.2(3) unless the foreign national is approved for accreditation for those Games.

  • SOR/2008-309, s. 1

Marginal note:Requirements not applicable

 Sections 10 to 12 and subsections 296(1), 297(1), 298(1) and 299(1) do not apply to an application that is deemed to be made under this Part.

  • SOR/2008-309, s. 1

PART 11Workers

DIVISION 1General Rules

Marginal note:Class

 The worker class is prescribed as a class of persons who may become temporary residents.

Marginal note:Worker

 A foreign national is a worker and a member of the worker class if the foreign national has been authorized to enter and remain in Canada as a worker.

Marginal note:Work permit required

 A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.

DIVISION 2Application for Work Permit

Marginal note:Application before entry

 A foreign national may apply for a work permit at any time before entering Canada.

Marginal note:Application on entry

  •  (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

  • Marginal note:Exceptions

    (2) A foreign national may not apply for a work permit when entering Canada if

    • (a) a determination under section 203 is required, unless

      • (i) the Department of Human Resources Development has provided an opinion under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment or employment as a live-in caregiver — to the foreign national, or

      • (ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;

    • (b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(4); or

    • (c) the foreign national is a participant in an international youth exchange program, unless they are a national or permanent resident of the United States or their application for a work permit was approved before their entry into Canada.

  • SOR/2004-167, s. 54

Marginal note:Application after entry

 A foreign national may apply for a work permit after entering Canada if they

  • (a) hold a work permit;

  • (b) are working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187;

  • (c) hold a study permit;

  • (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

  • (e) are a family member of a person described in any of paragraphs (a) to (d);

  • (f) are in a situation described in section 206 or 207;

  • (g) applied for a work permit before entering Canada and the application was approved in writing but they have not been issued the permit;

  • (h) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application; or

  • (i) hold a written statement from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign national working at a foreign mission in Canada.

  • SOR/2004-167, s. 55

DIVISION 3Issuance of Work Permits

Marginal note:Work permits

  •  (1) Subject to subsections (2) and (3), an officer shall issue a work permit to a foreign national if, following an examination, it is established that

    • (a) the foreign national applied for it in accordance with Division 2;

    • (b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

    • (c) the foreign national

      • (i) is described in section 206, 207 or 208,

      • (ii) intends to perform work described in section 204 or 205, or

      • (iii) has been offered employment and an officer has determined under section 203 that the offer is genuine and that the employment is likely to result in a neutral or positive effect on the labour market in Canada; and

    • (d) [Repealed, SOR/2004-167, s. 56]

    • (e) the requirements of section 30 are met.

  • Marginal note:Non-application of par. (1)(b)

    (2) Paragraph (1)(b) does not apply to a foreign national who satisfies the criteria set out in section 206 or paragraph 207(c) or (d).

  • Marginal note:Exceptions

    (3) An officer shall not issue a work permit to a foreign national if

    • (a) there are reasonable grounds to believe that the foreign national is unable to perform the work sought;

    • (b) in the case of a foreign national who intends to work in the Province of Quebec and does not hold a Certificat d’acceptation du Québec, a determination under section 203 is required and the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec;

    • (c) the specific work that the foreign national intends to perform is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute, unless all or almost all of the workers involved in the labour dispute are not Canadian citizens or permanent residents and the hiring of workers to replace the workers involved in the labour dispute is not prohibited by the Canadian law applicable in the province where the workers involved in the labour dispute are employed;

    • (d) the foreign national seeks to enter Canada as a live-in caregiver and the foreign national does not meet the requirements of section 112; or

    • (e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless

      • (i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,

      • (ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);

      • (iii) section 206 applies to them; or

      • (iv) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

  • SOR/2004-167, s. 56

Marginal note:Application for renewal

  •  (1) A foreign national may apply for the renewal of their work permit if

    • (a) the application is made before their work permit expires; and

    • (b) they have complied with all conditions imposed on their entry into Canada.

  • Marginal note:Renewal

    (2) An officer shall renew the foreign national's work permit if, following an examination, it is established that the foreign national continues to meet the requirements of subsection 200(1).

Marginal note:Temporary resident status

 A foreign national who is issued a work permit under section 206 or paragraph 207(c) or (d) does not, by reason only of being issued a work permit, become a temporary resident.

Marginal note:Effect on the labour market

  •  (1) On application under Division 2 for a work permit made by a foreign national other than a foreign national referred to in subparagraphs 200(1)(c)(i) and (ii), an officer shall determine, on the basis of an opinion provided by the Department of Human Resources Development, if the job offer is genuine and if the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada.

  • Marginal note:Opinion on request

    (2) The Department of Human Resources Development shall provide the opinion referred to in subsection (1) on the request of an officer or an employer or group of employers. A request may be made in respect of

    • (a) an offer of employment to a foreign national; and

    • (b) offers of employment made, or anticipated to be made, by an employer or group of employers.

  • Marginal note:Factors

    (3) An opinion provided by the Department of Human Resources Development shall be based on the following factors:

    • (a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

    • (b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

    • (c) whether the employment of the foreign national is likely to fill a labour shortage;

    • (d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

    • (e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

    • (f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

  • Marginal note:Province of Quebec

    (4) In the case of a foreign national who intends to work in the Province of Quebec, the opinion provided by the Department of Human Resources Development shall be made in concert with the competent authority of that Province.

  • SOR/2004-167, s. 57

Marginal note:International agreements

 A work permit may be issued under section 200 to a foreign national who intends to perform work pursuant to

  • (a) an international agreement between Canada and one or more countries, other than an agreement concerning seasonal agricultural workers;

  • (b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; or

  • (c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.

Marginal note:Canadian interests

 A work permit may be issued under section 200 to a foreign national who intends to perform work that

  • (a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;

  • (b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;

  • (c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely,

    • (i) the work is related to a research, educational or training program, or

    • (ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy; or

  • (d) is of a religious or charitable nature.

Marginal note:No other means of support

 A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

  • (a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or

  • (b) is subject to an unenforceable removal order.

Marginal note:Applicants in Canada

 A work permit may be issued under section 200 to a foreign national in Canada who

  • (a) is a member of the live-in caregiver class set out in Division 3 of Part 6 and meets the requirements of section 113;

  • (b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;

  • (c) is a protected person within the meaning of subsection 95(2) of the Act;

  • (d) has applied to become a permanent resident and the Minister has granted them an exemption under section 25 of the Act; or

  • (e) is a family member of a person described in any of paragraphs (a) to (d).

Marginal note:Humanitarian reasons

 A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

  • (a) holds a study permit and has become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or

  • (b) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months.

  • SOR/2004-167, s. 58

Marginal note:Invalidity

 A work permit becomes invalid when it expires or when a removal order that is made against the permit holder becomes enforceable.

PART 12Students

DIVISION 1General Rules

Marginal note:Class

 The student class is prescribed as a class of persons who may become temporary residents.

Marginal note:Student

 A foreign national is a student and a member of the student class if the foreign national has been authorized to enter and remain in Canada as a student.

Marginal note:Study permit required

 A foreign national may not study in Canada unless authorized to do so by a study permit or these Regulations.

DIVISION 2Application for Study Permit

Marginal note:Application before entry

 Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.

Marginal note:Application on entry

 A foreign national may apply for a study permit when entering Canada if they are

  • (a) a national or a permanent resident of the United States;

  • (b) a person who has been lawfully admitted to the United States for permanent residence;

  • (c) a resident of Greenland;

  • (d) a resident of St. Pierre and Miquelon; or

  • (e) a foreign national who applied for a study permit before entering Canada, if the application was approved in writing but the permit has not been issued.

Marginal note:Application after entry

  •  (1) A foreign national may apply for a study permit after entering Canada if they

    • (a) hold a study permit;

    • (b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;

    • (c) hold a work permit;

    • (d) are subject to an unenforceable removal order;

    • (e) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

    • (f) applied for a study permit before entering Canada and the application was approved in writing but the permit has not been issued; or

    • (g) are in a situation described in section 207.

  • Marginal note:Family members

    (2) A family member of a foreign national may apply for a study permit after entering Canada if the foreign national resides in Canada and the foreign national

    • (a) holds a study permit;

    • (b) holds a work permit;

    • (c) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

    • (d) is subject to an unenforceable removal order;

    • (e) is a member of the armed forces of a country that is a designated state described in paragraph 186(d);

    • (f) is an officer of a foreign government described in paragraph 186(e);

    • (g) is a participant in sports activities or events, as described in paragraph 186(h);

    • (h) is an employee of a foreign news company as described in paragraph 186(i); or

    • (i) is a person who is responsible for assisting a congregation or group, as described in paragraph 186(l).

DIVISION 3Issuance of Study Permits

Marginal note:Study permits

  •  (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national

    • (a) applied for it in accordance with this Part;

    • (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

    • (c) meets the requirements of this Part; and

    • (d) meets the requirements of section 30;

    • (e) [Repealed, SOR/2004-167, s. 59]

  • Marginal note:Exception

    (2) Paragraph (1)(b) does not apply to persons described in section 206 and paragraphs 207(c) and (d).

  • Marginal note:Study in Quebec

    (3) An officer shall not issue a study permit to a foreign national who intends to study in the Province of Quebec — other than under a federal assistance program for developing countries — and does not hold a Certificat d'acceptation du Québec, if the laws of that Province require that the foreign national hold a Certificat d'acceptation du Québec.

  • SOR/2004-167, s. 59

Marginal note:Application for renewal

  •  (1) A foreign national may apply for the renewal of their study permit if

    • (a) the application is made before the expiry of their study permit;

    • (b) they have complied with all conditions imposed on their entry into Canada; and

    • (c) they are in good standing at the educational institution at which they have been studying.

  • Marginal note:Renewal

    (2) An officer shall renew the foreign national’s study permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 216.

  • SOR/2004-167, s. 60

Marginal note:Temporary resident status

 A foreign national referred to in paragraph 215(1)(d) and their family members do not, by reason only of being issued a study permit, become temporary residents.

DIVISION 4Restrictions on Studying in Canada

Marginal note:Acceptance letter

  •  (1) Subject to subsection (2), a study permit shall not be issued to a foreign national unless they have written documentation from the educational institution at which they intend to study that states that they have been accepted to study there.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) a family member of a foreign national whose application for a work permit or a study permit is approved in writing before the foreign national enters Canada; or

    • (b) a foreign national who is applying to renew their study permit and has received notification in writing from the college or university at which they have been studying of successful completion of the requirements for a degree or diploma.

  • Marginal note:Foreign national described in par. (2)(b)

    (3) An officer who issues a study permit to a foreign national described in paragraph (2)(b) shall not authorize a period of study that exceeds 90 days following the date of the notification in writing.

  • SOR/2004-167, s. 61

Marginal note:Financial resources

 An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to

  • (a) pay the tuition fees for the course or program of studies that they intend to pursue;

  • (b) maintain themself and any family members who are accompanying them during their proposed period of study; and

  • (c) pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada.

Marginal note:Failure to comply with conditions

 Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless

  • (a) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;

  • (b) the work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c); or

  • (c) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

  • SOR/2004-167, s. 62

DIVISION 5Validity and Expiry of Study Permits

Marginal note:Invalidity

 A study permit becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable.

PART 13Removal

DIVISION 1Removal Orders

Marginal note:Types of removal order

 There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.

Marginal note:Departure order

  •  (1) An enforced departure order is prescribed as a circumstance that relieves a foreign national from having to obtain authorization under subsection 52(1) of the Act in order to return to Canada.

  • Marginal note:Requirement

    (2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.

  • Marginal note:Exception — stay of removal and detention

    (3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national’s release or the removal order becomes enforceable.

Marginal note:Exclusion order

  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced.

  • Marginal note:Prescribed circumstance

    (2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a two-year period if subsection (3) applies, is prescribed as a circumstance that does not oblige the foreign national to obtain an authorization in order to return to Canada.

  • Marginal note:Misrepresentation

    (3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the two-year period after the exclusion order was enforced.

  • Marginal note:Application of par. 42(b) of the Act

    (4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is prescribed as a circumstance that relieves the foreign national from having to obtain an authorization in order to return to Canada.

Marginal note:Deportation order

  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsection (2), a deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced.

  • Marginal note:Application of par. 42(b) of the Act

    (2) For the purposes of subsection 52(1) of the Act, the making of a deportation order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is prescribed as a circumstance that relieves the foreign national from having to obtain an authorization in order to return to Canada.

  • Marginal note:Removal order — certificate

    (3) For the purposes of subsection 52(1) of the Act, a removal order referred to in paragraph 81(b) of the Act obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the removal order was enforced.

Marginal note:Report — family members

  •  (1) For the purposes of section 42 of the Act, a report prepared under subsection 44(1) of the Act against a foreign national is also a report against the foreign national’s family members in Canada.

  • Marginal note:Removal — family members

    (2) A removal order made by the Immigration Division against a foreign national is also a removal order against their family members in Canada to whom subsection (1) applies if

    • (a) an officer informed the family member of the report, that they are the subject of an admissibility hearing and of their right to make submissions and be represented, at their own expense, at the admissibility hearing; and

    • (b) the family member is subject to a decision of the Immigration Division that they are inadmissible under section 42 of the Act on grounds of the inadmissibility of the foreign national.

DIVISION 2Specified Removal Order

Marginal note:Subsection 44(2) of the Act — foreign nationals

  •  (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be

    • (a) if the foreign national is inadmissible under paragraph 36(1)(a) or (2)(a) of the Act on grounds of serious criminality or criminality, a deportation order;

    • (b) if the foreign national is inadmissible under paragraph 40(1)(c) of the Act on grounds of misrepresentation, a deportation order;

    • (c) if the foreign national is inadmissible under section 41 of the Act on grounds of

      • (i) failing to appear for further examination or an admissibility hearing under Part 1 of the Act, an exclusion order,

      • (ii) failing to obtain the authorization of an officer required by subsection 52(1) of the Act, a deportation order,

      • (iii) failing to establish that they hold the visa or other document as required under section 20 of the Act, an exclusion order,

      • (iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order, or

      • (v) failing to comply with subsection 29(2) of the Act to comply with any condition set out in section 184, an exclusion order; and

    • (d) if the foreign national is inadmissible under section 42 of the Act on grounds of an inadmissible family member, the same removal order as was made in respect of the inadmissible family member.

  • Marginal note:Subsection 44(2) of the Act — permanent residents

    (2) For the purposes of subsection 44(2) of the Act, if a removal order is made against a permanent resident who fails to comply with the residency obligation under section 28 of the Act, the order shall be a departure order.

  • Marginal note:Eligible claim for refugee protection

    (3) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in any of subparagraphs (1)(c)(i) and (iii) to (v).

  • Marginal note:Reports in respect of certain foreign nationals

    (4) For the purposes of subsection (1), a report in respect of a foreign national does not include a report in respect of a foreign national who

    • (a) is under 18 years of age and not accompanied by a parent or an adult legally responsible for them; or

    • (b) is unable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them.

  • SOR/2004-167, s. 63

Marginal note:Paragraph 45(d) of the Act — applicable removal order

  •  (1) For the purposes of paragraph 45(d) of the Act, the applicable removal order to be made by the Immigration Division against a person is

    • (a) a deportation order, if they are inadmissible under subsection 34(1) of the Act on security grounds;

    • (b) a deportation order, if they are inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

    • (c) a deportation order, in the case of a permanent resident inadmissible under subsection 36(1) of the Act on grounds of serious criminality or a foreign national inadmissible under paragraph 36(1)(b) or (c) of the Act on grounds of serious criminality;

    • (d) a deportation order, if they are inadmissible under paragraph 36(2)(b), (c) or (d) of the Act on grounds of criminality;

    • (e) a deportation order, if they are inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

    • (f) an exclusion order, if they are inadmissible under subsection 38(1) of the Act on health grounds, unless subsection (2) or (3) applies;

    • (g) an exclusion order, if they are inadmissible under section 39 of the Act for financial reasons, unless subsection (2) or (3) applies;

    • (h) an exclusion order, if they are inadmissible under paragraph 40(1)(a) or (b) of the Act for misrepresentation, unless subsection (3) applies;

    • (i) a deportation order, if they are inadmissible under paragraph 40(1)(d) of the Act for misrepresentation;

    • (j) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to comply with the requirement to appear for examination, unless subsection (2) or (3) applies;

    • (k) a departure order, if they are inadmissible under paragraph 41(b) of the Act;

    • (l) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they have come to Canada in order to establish permanent residence, unless subsection (3) applies;

    • (m) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay, unless subsection (2) applies; and

    • (n) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for any other failure to comply with the Act, unless subsection (2) or (3) applies.

  • Marginal note:Eligible claim for refugee protection

    (2) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in paragraph (1)(f), (g), (j), (m) or (n).

  • Marginal note:Exception

    (3) The applicable removal order in the circumstances set out in paragraph (1)(f), (g), (h), (j), (l) or (n) is a deportation order if the person

    • (a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order;

    • (b) has failed to comply with any condition or obligation imposed under the Act or the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, unless the failure is the basis for the removal order; or

    • (c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.

  • Marginal note:Punishable by way of indictment

    (3.1) For the purposes of paragraph (3)(c), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.

  • Marginal note:Section 228 circumstances

    (4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in section 228, the Immigration Division shall make

    • (a) the removal order that the Minister would have made if the report had not been referred to the Immigration Division under subsection 44(2) of the Act; or

    • (b) in the case of a foreign national described in paragraph 228(4)(a) or (b), the removal order that the Minister would have made if the foreign national had not been described in that paragraph.

  • SOR/2004-167, s. 64

DIVISION 3Stay of Removal Orders

Marginal note:Considerations

  •  (1) The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of

    • (a) an armed conflict within the country or place;

    • (b) an environmental disaster resulting in a substantial temporary disruption of living conditions; or

    • (c) any situation that is temporary and generalized.

  • Marginal note:Cancellation

    (2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population.

  • Marginal note:Exceptions

    (3) The stay does not apply to a person who

    • (a) is inadmissible under subsection 34(1) of the Act on security grounds;

    • (b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

    • (c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality or under subsection 36(2) of the Act on grounds of criminality;

    • (d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

    • (e) is a person referred to in section F of Article 1 of the Refugee Convention; or

    • (f) informs the Minister in writing that they consent to their removal to a country or place to which a stay of removal applies.

Marginal note:Stay of removal — judicial review

  •  (1) Subject to subsections (2) to (4), a removal order is stayed if the subject of the order has filed an application for leave for judicial review in accordance with subsection 72(1) of the Act with respect to a determination of the Refugee Protection Division to reject a claim for refugee protection, and the stay is effective until the earliest of the following:

    • (a) the application for leave is refused,

    • (b) the application for leave is granted, the application for judicial review is refused and no question is certified for the Federal Court of Appeal,

    • (c) if a question is certified by the Federal Court,

      • (i) the appeal is not filed within the time limit, or

      • (ii) the Federal Court of Appeal decides to dismiss the appeal, and the time limit in which an application to the Supreme Court of Canada for leave to appeal from that decision expires without an application being made,

    • (d) if an application for leave to appeal is made to the Supreme Court of Canada from a decision of the Federal Court of Appeal referred to in paragraph (c), the application is refused, and

    • (e) if the application referred to in paragraph (d) is granted, the appeal is not filed within the time limit or the Supreme Court of Canada dismisses the appeal.

  • Marginal note:No credible basis exception

    (2) Subsection (1) does not apply if the Refugee Protection Division states in its decision, in accordance with subsection 107(2) of the Act, that there is no credible basis for the claim.

  • Marginal note:Other exceptions

    (3) There is no stay of removal if

    • (a) the person is subject to a removal order because they are inadmissible on grounds of serious criminality; or

    • (b) the subject of the removal order resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Act on their entry into Canada.

  • Marginal note:Non-application

    (4) Subsection (1) does not apply if the person applies for an extension of time to file an application referred to in that subsection.

  • 2002, c. 8, s. 183

Marginal note:Stay of removal — pre-removal risk assessment

 A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs:

  • (a) the Department receives confirmation in writing from the person that they do not intend to make an application;

  • (b) the person does not make an application within the period provided under section 162;

  • (c) the application for protection is rejected;

  • (d) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act and the person has not made an application within the period provided under subsection 175(1) to remain in Canada as a permanent resident, the expiry of that period;

  • (e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person’s application to remain in Canada as a permanent resident is made; and

  • (f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act.

Marginal note:Stay of removal — humanitarian and compassionate considerations

 A removal order made against a foreign national, and any family member of the foreign national, is stayed if the Minister is of the opinion under subsection 25(1) of the Act that there exist humanitarian and compassionate considerations, or public policy considerations, and the stay is effective until a decision is made to grant, or not grant, permanent resident status.

Marginal note:Application of par. 50(a) of the Act

 For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if

  • (a) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province that criminal charges will be withdrawn or stayed on the removal of the person from Canada; or

  • (b) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province to withdraw or cancel any summons or subpoena on the removal of the person from Canada.

DIVISION 4Enforcement of Removal Orders

Marginal note:Not void

 For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time.

Marginal note:Providing copies

 A person against whom a removal order is made shall be provided with a copy of the order when it is made.

Marginal note:Modality of enforcement

 A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister.

Marginal note:Voluntary compliance

  •  (1) A foreign national who wants to voluntarily comply with a removal order must appear before an officer who shall determine if

    • (a) the foreign national has sufficient means to effect their departure to a country that they will be authorized to enter; and

    • (b) the foreign national intends to voluntarily comply with the requirements set out in paragraphs 240(1)(a) to (c) and will be able to act on that intention.

  • Marginal note:Choice of country

    (2) Following the appearance referred to in subsection (1), the foreign national must submit their choice of destination to the officer who shall approve the choice unless the foreign national is

    • (a) a danger to the public;

    • (b) a fugitive from justice in Canada or another country; or

    • (c) seeking to evade or frustrate the cause of justice in Canada or another country.

Marginal note:Removal by Minister

 If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national’s choice of destination is not approved under subsection 238(2), the removal order shall be enforced by the Minister.

Marginal note:When removal order is enforced

  •  (1) A removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, is enforced when the foreign national

    • (a) appears before an officer at a port of entry to verify their departure from Canada;

    • (b) obtains a certificate of departure from the Department;

    • (c) departs from Canada; and

    • (d) is authorized to enter, other than for purposes of transit, their country of destination.

  • Marginal note:When removal order is enforced by officer outside Canada

    (2) If a foreign national against whom a removal order has not been enforced is applying outside Canada for a visa or an authorization to return to Canada, an officer shall enforce the order if, following an examination, the foreign national establishes that

    • (a) they are the person described in the order;

    • (b) they have been lawfully admitted to the country in which they are physically present at the time that the application is made; and

    • (c) they are not inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.

Marginal note:Country of removal

  •  (1) If a removal order is enforced under section 239, the foreign national shall be removed to

    • (a) the country from which they came to Canada;

    • (b) the country in which they last permanently resided before coming to Canada;

    • (c) a country of which they are a national or citizen; or

    • (d) the country of their birth.

  • Marginal note:Removal to another country

    (2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.

  • Marginal note:Exception

    (3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter.

Marginal note:Mutual Legal Assistance in Criminal Matters Act

 A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their country of destination.

Marginal note:Payment of removal costs

 Unless expenses incurred by Her Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at Her Majesty’s expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs of

  • (a) $750 for removal to the United States or St. Pierre and Miquelon; and

  • (b) $1,500 for removal to any other country.

PART 14Detention and Release

Marginal note:Factors to be considered

 For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person

  • (a) is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) of the Act;

  • (b) is a danger to the public; or

  • (c) is a foreign national whose identity has not been established.

Marginal note:Flight risk

 For the purposes of paragraph 244(a), the factors are the following:

  • (a) being a fugitive from justice in a foreign jurisdiction in relation to an offence that, if committed in Canada, would constitute an offence under an Act of Parliament;

  • (b) voluntary compliance with any previous departure order;

  • (c) voluntary compliance with any previously required appearance at an immigration or criminal proceeding;

  • (d) previous compliance with any conditions imposed in respect of entry, release or a stay of removal;

  • (e) any previous avoidance of examination or escape from custody, or any previous attempt to do so;

  • (f) involvement with a people smuggling or trafficking in persons operation that would likely lead the person to not appear for a measure referred to in paragraph 244(a) or to be vulnerable to being influenced or coerced by an organization involved in such an operation to not appear for such a measure; and

  • (g) the existence of strong ties to a community in Canada.

Marginal note:Danger to the public

 For the purposes of paragraph 244(b), the factors are the following:

  • (a) the fact that the person constitutes, in the opinion of the Minister, a danger to the public in Canada or a danger to the security of Canada under paragraph 101(2)(b), subparagraph 113(d)(i) or (ii) or paragraph 115(2)(a) or (b) of the Act;

  • (b) association with a criminal organization within the meaning of subsection 121(2) of the Act;

  • (c) engagement in people smuggling or trafficking in persons;

  • (d) conviction in Canada under an Act of Parliament for

    • (i) a sexual offence, or

    • (ii) an offence involving violence or weapons;

  • (e) conviction for an offence in Canada under any of the following provisions of the Controlled Drugs and Substances Act, namely,

    • (i) section 5 (trafficking),

    • (ii) section 6 (importing and exporting), and

    • (iii) section 7 (production);

  • (f) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament for

    • (i) a sexual offence, or

    • (ii) an offence involving violence or weapons; and

  • (g) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under any of the following provisions of the Controlled Drugs and Substances Act, namely,

    • (i) section 5 (trafficking),

    • (ii) section 6 (importing and exporting), and

    • (iii) section 7 (production).

Marginal note:Identity not established

  •  (1) For the purposes of paragraph 244(c), the factors are the following:

    • (a) the foreign national’s cooperation in providing evidence of their identity, or assisting the Department in obtaining evidence of their identity, in providing the date and place of their birth as well as the names of their mother and father or providing detailed information on the itinerary they followed in travelling to Canada or in completing an application for a travel document;

    • (b) in the case of a foreign national who makes a claim for refugee protection, the possibility of obtaining identity documents or information without divulging personal information to government officials of their country of nationality or, if there is no country of nationality, their country of former habitual residence;

    • (c) the destruction of identity or travel documents, or the use of fraudulent documents in order to mislead the Department, and the circumstances under which the foreign national acted;

    • (d) the provision of contradictory information with respect to identity at the time of an application to the Department; and

    • (e) the existence of documents that contradict information provided by the foreign national with respect to their identity.

  • Marginal note:Non-application to minors

    (2) Consideration of the factors set out in paragraph (1)(a) shall not have an adverse impact with respect to minor children referred to in section 249.

  • SOR/2004-167, s. 65(E)

Marginal note:Other factors

 If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release:

  • (a) the reason for detention;

  • (b) the length of time in detention;

  • (c) whether there are any elements that can assist in determining the length of time that detention is likely to continue and, if so, that length of time;

  • (d) any unexplained delays or unexplained lack of diligence caused by the Department or the person concerned; and

  • (e) the existence of alternatives to detention.

Marginal note:Special considerations for minor children

 For the application of the principle affirmed in section 60 of the Act that a minor child shall be detained only as a measure of last resort, the special considerations that apply in relation to the detention of minor children who are less than 18 years of age are

  • (a) the availability of alternative arrangements with local child-care agencies or child protection services for the care and protection of the minor children;

  • (b) the anticipated length of detention;

  • (c) the risk of continued control by the human smugglers or traffickers who brought the children to Canada;

  • (d) the type of detention facility envisaged and the conditions of detention;

  • (e) the availability of accommodation that allows for the segregation of the minor children from adult detainees who are not the parent of or the adult legally responsible for the detained minor children; and

  • (f) the availability of services in the detention facility, including education, counselling and recreation.

Marginal note:Applications for travel documents

 If a completed application for a passport or travel document must be provided as a condition of release from detention, any completed application provided by a foreign national who makes a claim for refugee protection shall not be divulged to government officials of their country of nationality or, if there is no country of nationality, their country of previous habitual residence, as long as the removal order to which the foreign national is subject is not enforceable.

PART 15The Immigration Appeal Division

Marginal note:Conditions

 If the Immigration Appeal Division stays a removal order under paragraph 66(b) of the Act, that Division shall impose the following conditions on the person against whom the order was made:

  • (a) to inform the Department and the Immigration Appeal Division in writing in advance of any change in the person’s address;

  • (b) to provide a copy of their passport or travel document to the Department or, if they do not hold a passport or travel document, to complete an application for a passport or a travel document and to provide the application to the Department;

  • (c) to apply for an extension of the validity period of any passport or travel document before it expires, and to provide a copy of the extended passport or document to the Department;

  • (d) to not commit any criminal offences;

  • (e) if they are charged with a criminal offence, to immediately report that fact in writing to the Department; and

  • (f) if they are convicted of a criminal offence, to immediately report that fact in writing to the Department and the Division.

PART 16Seizure

Marginal note:Custody of seized thing

 A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department.

Marginal note:Notice of seizure

  •  (1) An officer who seizes a thing under subsection 140(1) of the Act shall make reasonable efforts to

    • (a) identify the lawful owner; and

    • (b) give the lawful owner written notice of, and reasons for, the seizure.

  • Marginal note:Disposition after seizure

    (2) Subject to subsection (3), a thing seized shall be disposed of as follows:

    • (a) if it was fraudulently or improperly obtained, by returning it to its lawful owner unless section 256 applies;

    • (b) if it was fraudulently or improperly used, by disposing of it under section 257 unless section 254, 255 or 256 applies;

    • (c) if the seizure was necessary to prevent its fraudulent or improper use

      • (i) by returning it to its lawful owner, if the seizure is no longer necessary for preventing its fraudulent or improper use, or

      • (ii) by disposing of it under section 257, if returning it to its lawful owner would result in its fraudulent or improper use; or

    • (d) if the seizure was necessary to carry out the purposes of the Act, by returning it to its lawful owner without delay if the seizure is no longer necessary to carry out the purposes of the Act.

  • Marginal note:Additional factor

    (3) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act. If its return would be contrary to the purposes of the Act, it shall be disposed of under section 257.

Marginal note:Application for return

  •  (1) The lawful owner of a thing seized or the person from whom it was seized may apply for its return.

  • Marginal note:Return

    (2) A thing seized, other than a document, shall be returned to the applicant if

    • (a) paragraph 253(2)(b) applies to the thing and the seizure is no longer necessary to prevent its fraudulent or improper use or to carry out the purposes of the Act; and

    • (b) the applicant provides cash security equal to the fair market value of the thing at the time of the seizure or, if there is no significant risk of being unable to recover the debt, a combination of cash and guarantee of performance.

  • Marginal note:Disposition of security

    (3) Any cash deposit or guarantee of performance provided under paragraph 2(b) replaces the thing seized and, if section 257 applies, any cash deposit is forfeited to Her Majesty in right of Canada and any guarantee of performance becomes a debt due under section 145 of the Act.

Marginal note:Application by lawful owner

  •  (1) For the purposes of paragraph 253(2)(b), a person who claims to be the lawful owner of a seized thing may apply in writing for its return within 60 days after the seizure.

  • Marginal note:Return of thing

    (2) The thing seized shall be returned to an applicant if the applicant demonstrates that they

    • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

    • (b) did not participate in the fraudulent or improper use of the thing; and

    • (c) exercised all reasonable care to satisfy themselves that the person permitted to obtain possession of the thing was not likely to fraudulently or improperly use it.

  • Marginal note:Return of vehicle

    (3) A seized vehicle that is not returned under subsection (2) shall be returned on payment of a $5,000 fee if the applicant demonstrates that they

    • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

    • (b) did not profit or intend to profit from the fraudulent or improper use of the vehicle; and

    • (c) are unlikely to contravene the Act in the future.

  • Marginal note:Additional factor

    (4) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act.

  • Marginal note:Notice of decision

    (5) The applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.

Marginal note:Application by person from whom thing was seized

  •  (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, a person from whom it was seized may apply in writing within 30 days after the seizure for its return.

  • Marginal note:Return of thing

    (2) The thing seized shall be returned to an applicant if the applicant demonstrates that it was not fraudulently or improperly obtained or used.

  • Marginal note:Notice of decision

    (3) An applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.

Marginal note:Sale of a seized thing

  •  (1) Subject to subsections (2) and (3), if a thing seized is not returned to its lawful owner or the person from whom it was seized under section 254, 255 or 256, the thing shall be sold unless the costs of sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

  • Marginal note:Sale suspended

    (2) A thing seized shall not be sold

    • (a) during the 15 days following notification of a decision not to return it under section 255 or 256; or

    • (b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.

  • Marginal note:Disposition of documents

    (3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be retained for as long as is necessary for the administration or enforcement of Canadian laws, after which it is subject to the applicable laws relating to the disposal of public archives.

Marginal note:Limitation period for seizures

 No seizure may be made under subsection 140(1) of the Act in respect of the fraudulent or improper obtaining or use of a thing more than six years after that obtaining or use.

PART 17Transportation

Marginal note:Prescribed documents

 For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:

  • (a) a travel document referred to in subsection 31(3) of the Act;

  • (b) refugee travel papers issued by the Minister of Foreign Affairs;

  • (c) a document referred to in subsection 50(1) or 52(1);

  • (d) a temporary travel document referred to in section 151;

  • (e) a visa referred to in section 6 or subsection 7(1); and

  • (f) a permanent resident card.

Marginal note:Holding prescribed documentation

  •  (1) If a transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the transporter must give the person a receipt for the documents and hold those documents until examination.

  • Marginal note:Presenting documents

    (2) A transporter who holds the documents of a person must, when presenting the person for examination under paragraph 148(1)(b) of the Act, present the documents and a copy of the receipt.

Marginal note:Obligation to hold a person

  •  (1) For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when

    • (a) an officer informs the transporter that the examination of the person is completed;

    • (b) the person is authorized to enter Canada under section 23 of the Act; or

    • (c) the person is detained under any Canadian law.

  • Marginal note:Notification

    (2) A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter’s vehicle for any other purpose than examination.

Marginal note:Stowaway notification

 On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway.

Marginal note:Medical examination and treatment

  •  (1) A transporter's obligations under paragraph 148(1)(c) of the Act apply only in respect of foreign nationals carried in respect of whom a report is prepared under subsection 44(1) of the Act, or who are members of a crew or who are entering Canada to become members of a crew.

  • Marginal note:Prescribed medical costs

    (2) Unless the transporter establishes that the foreign national holds a temporary or permanent resident visa and that their health condition is not a result of the transporter's negligence, any medical costs incurred with respect to the foreign national are prescribed costs and are calculated on the basis of the applicable provincial health insurance system.

  • Marginal note:Arranging medical examination

    (3) A transporter must arrange for the medical examination of a foreign national on a request made under subsection 16(2) of the Act, and must arrange for medical treatment and observation if those conditions are imposed on the foreign national under section 32.

Marginal note:Prescribed information

 A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:

  • (a) a copy of any ticket issued to the person;

  • (b) a document specifying the person’s itinerary, including the place of embarkation and dates of travel; and

  • (c) a document identifying the document number and type of passport, travel document or identity document carried by the person, the country of issue and the name of the person to whom it was issued.

Marginal note:Crew list

  •  (1) On arrival at the first port of call in Canada of a vessel registered in a foreign country, the transporter must provide an officer at the nearest port of entry with a list of all members of the crew.

  • Marginal note:Amended crew list

    (2) The transporter must maintain on board a current list of all members of the crew while the vessel is in Canada.

  • Marginal note:Final crew list

    (3) Before the vessel’s departure from its final port of call in Canada, the transporter must provide an officer with a copy of the list referred to in subsection (1) that includes any changes made while the vessel was in Canada.

Marginal note:Assembly

 On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.

Marginal note:Canadian registered vessels

 On the arrival of a vessel registered in Canada at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of all members of the crew who are not Canadian citizens or permanent residents and, on request, provide the officer with a list of all crew members.

Marginal note:Reporting obligation

  •  (1) A transporter must, without delay, notify an officer at the nearest port of entry of any foreign national who ceases to be a member of the crew for a reason listed in paragraph 3(1)(b). The transporter must record that information and provide it in writing on the request of the officer.

  • Marginal note:Failure to join the means of transportation

    (2) A transporter must, without delay, notify an officer when a foreign national who entered Canada to become a member of the crew of the transporter's vessel fails to join the means of transportation within the period provided in paragraph 184(2)(b).

  • SOR/2004-167, s. 66

Marginal note:Advance passenger information

  •  (1) On the request of an officer, a commercial transporter must provide on departure of their commercial vehicle from the last point of embarkation before arriving in Canada the following information in writing on each person carried:

    • (a) their surname, first name and initial or initials of any middle names;

    • (b) their date of birth;

    • (c) the country that issued them a passport or travel document or, if they do not have a passport or travel document, their citizenship or nationality;

    • (d) their gender;

    • (e) their passport number or, if they do not have a passport, the number on the travel document that identifies them; and

    • (f) their reservation record locator or file number.

  • Marginal note:Passenger reservation information

    (2) At any time after a commercial transporter undertakes to carry a passenger to Canada, the commercial transporter must provide an officer access to its reservation system or, on the request of an officer, provide in writing all reservation information held by the commercial transporter on passengers to be carried to Canada.

 [Repealed, SOR/2004-167, s. 67]

Marginal note:Facilities for holding and examination

  •  (1) A commercial transporter, and a transporter who operates an airport or an international bridge or tunnel, must without cost to Her Majesty in right of Canada provide and maintain facilities, including areas, offices and laboratories, that are adequate for the proper holding and examination of persons being carried to Canada.

  • Marginal note:Criteria

    (2) The facilities referred to in subsection (1) are adequate if they satisfy the applicable requirements of Part II of the Canada Labour Code, are secure and, if necessary, sterile, and include equipment and furnishings that permit officers to discharge their duties under the Act.

Marginal note:Examination on vessels

 A commercial transporter carrying persons to Canada aboard its vessel must provide facilities aboard the vessel that permit an officer to conduct examinations.

Marginal note:Obligation to carry from Canada

  •  (1) A transporter who has carried a foreign national referred to in any of paragraphs (a) to (d) to Canada, or caused such a foreign national to enter Canada, must carry the foreign national from Canada

    • (a) to any other country, in the case of a foreign national directed to leave under subsection 40(1);

    • (b) to the United States, in the case of a foreign national directed back to that country under section 41;

    • (c) to any other country, in the case of a foreign national allowed to withdraw their application under section 42; or

    • (d) to the country to which the foreign national is removed under section 241, in the case of a foreign national who is subject to an enforceable removal order.

  • Marginal note:Conveyance to vehicle

    (2) The transporter must transport a foreign national who is subject to an enforceable removal order from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.

Marginal note:Members of a crew

  •  (1) If a transporter carries, or causes to be carried, a foreign national to Canada as a member of its crew or to become a member of its crew, and the foreign national is subject to an enforceable removal order, the transporter must carry that foreign national from Canada to the applicable country as determined under Division 4 of Part 13.

  • Marginal note:Conveyance to vehicle

    (2) The transporter must transport the foreign national referred to in subsection (1) from wherever the foreign national is situated in Canada to the vehicle in which they will be carried to another country.

Marginal note:Notification

 A transporter must notify an officer without delay if a foreign national referred to in section 273 or 274 whom they are carrying from Canada leaves or attempts to leave a vehicle before they are carried from Canada.

Marginal note:Notifying transporters

  •  (1) When a foreign national seeking to enter Canada is made subject to a removal order and a transporter is or might be required under the Act to carry that foreign national from Canada, an officer shall

    • (a) notify the transporter that it is or might be required to carry that foreign national from Canada; and

    • (b) when the removal order is enforceable, notify the transporter that it must carry the foreign national from Canada and whether the foreign national must be escorted.

  • Marginal note:Notifying an officer

    (2) After being notified under paragraph (1)(b), the transporter must without delay notify an officer of arrangements made for carrying the foreign national from Canada.

  • Marginal note:Time period

    (3) The transporter must carry the foreign national from Canada within 48 hours after giving notification under subsection (2) of the arrangements made.

  • Marginal note:Non-compliance

    (4) If a transporter does not comply with subsection (2) or (3), or notifies an officer that it is unable to comply with that subsection, or if an officer notifies the transporter in writing that the officer does not accept the proposed arrangements, an officer shall cause the foreign national to be carried from Canada and the transporter shall pay the costs under section 278.

  • Marginal note:Criteria for non-acceptance of arrangements

    (5) To be acceptable, the arrangements referred to in subsection (2) must meet the following criteria:

    • (a) the foreign national is not inadmissible to the country of destination and, for the purposes of transit, all countries of transit;

    • (b) the safety of the foreign national and other persons aboard any vehicle used to reach the country of destination must be ensured; and

    • (c) the transporter must undertake to comply with any request for an escort or escorts.

Marginal note:Exception

 Despite sections 273 and 276, a transporter is not obliged to carry from Canada, and is not required to pay the costs with respect to, a foreign national, other than a member of a crew or a foreign national who entered Canada to become a member of a crew, who

  • (a) was authorized to enter and remain in Canada on a temporary basis; or

  • (b) held a temporary resident or permanent resident visa at the time of their examination.

Marginal note:Removal costs

 A transporter that is required under the Act to carry a foreign national from Canada must pay the following costs of removal and, if applicable, attempted removal:

  • (a) expenses incurred within or outside Canada with respect to the foreign national’s accommodation and transport, including penalties for changes of date or routing;

  • (b) accommodation and travel expenses incurred by any escorts provided to accompany the foreign national;

  • (c) fees paid in obtaining passports, travel documents and visas for the foreign national and any escorts;

  • (d) the cost of meals, incidentals and other expenses as calculated in accordance with the rates set out in the Travel Directive published by the Treasury Board Secretariat, as amended from time to time;

  • (e) any wages paid to escorts and other personnel; and

  • (f) the costs or expenses incurred with respect to interpreters and medical and other personnel engaged for the removal.

Marginal note:Assessment of administration fee

  •  (1) Subject to subsection (2), an administration fee shall be assessed against a commercial transporter in respect of any of the following foreign nationals it carried to Canada who are subject to a report under subsection 44(1) of the Act:

    • (a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 or subsection 7(1), 50(1) or 52(1);

    • (b) a foreign national whom the transporter has been directed not to carry to Canada under paragraph 148(1)(a) of the Act;

    • (c) a foreign national who is exempt, under subsection 52(2), from the requirement to hold a passport or travel document but who fails to produce sufficient evidence of their identity;

    • (d) a foreign national who failed to appear for an examination on entry into Canada; and

    • (e) a foreign national who entered Canada as a member of a crew or to become a member of a crew and is inadmissible.

  • Marginal note:Exceptions

    (2) An administration fee shall not be assessed against a commercial transporter in respect of

    • (a) a foreign national who is authorized to enter and remain in Canada on a temporary basis under the Act, other than a foreign national who entered Canada as a member of a crew or to become a member of a crew;

    • (b) a foreign national who is allowed to withdraw their application to enter Canada under section 42 and leaves Canada immediately;

    • (c) a foreign national who is subject to a removal order issued on their arrival at a port of entry and leaves Canada immediately;

    • (d) a person referred to in section 39; and

    • (e) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 but is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa.

  • SOR/2004-167, s. 68

Marginal note:Administration fee

  •  (1) Subject to subsection (2), the administration fee assessed under section 279 is $3,200.

  • Marginal note:Memorandum of understanding

    (2) If a memorandum of understanding in accordance with subsection (3) is in effect between the commercial transporter and the Minister, the administration fee assessed is

    • (a) $3,200, if the transporter does not demonstrate that it complies with the memorandum of understanding or if the administration fee is assessed in respect of a member of the crew of the transporter;

    • (b) $2,400, if the transporter demonstrates that it complies with the memorandum of understanding;

    • (c) $1,600, if the transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 50%;

    • (d) $800, if the transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 75%; and

    • (e) $0, if the transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 100%.

  • Marginal note:Content of memorandum of understanding

    (3) A memorandum of understanding referred to in subsection (2) shall include provisions respecting

    • (a) document screening;

    • (b) the training of personnel in document screening;

    • (c) the use of technological aids;

    • (d) fraud prevention;

    • (e) gate checks;

    • (f) information exchange;

    • (g) performance standards in respect of document screening, the interdiction of inadmissible foreign nationals and administration fee assessments;

    • (h) compliance monitoring of the provisions of the memorandum of understanding;

    • (i) holding documents under section 260;

    • (j) providing information referred to in subsections 269(1) and (2);

    • (k) stowaways; and

    • (l) security screening of members of a crew.

Marginal note:Notice of assessment

  •  (1) The assessment of an administration fee shall be served personally, by registered mail, by facsimile with acknowledgement of receipt or by electronic transmission on a representative of the commercial transporter.

  • Marginal note:Service effected

    (2) Service of the assessment by registered mail is deemed to have been effected on the seventh day after the day on which the assessment was mailed.

Marginal note:Submissions concerning assessment

  •  (1) The commercial transporter may submit written submissions to the Minister within 30 days after being served with an assessment of an administration fee.

  • Marginal note:Final assessment and notice

    (2) If submissions are made, the Minister shall consider the submissions, confirm or cancel the assessment and give written notice of the decision to the commercial transporter.

  • Marginal note:Liability

    (3) If no submissions are made within the 30-day period, the assessment is final and the commercial transporter is liable for the assessment at the end of that period.

  • Marginal note:Liability

    (4) If the Minister confirms an assessment under subsection (2), the commercial transporter is liable for the assessment on the date the notice is sent.

Marginal note:Security

  •  (1) The Minister may, on the basis of the following factors, require a commercial transporter to provide security for compliance with its obligations under paragraphs 148(1)(a) to (g) of the Act:

    • (a) the frequency and regularity of arrival, or anticipated arrival, of the transporter’s vehicles carrying persons to Canada;

    • (b) the number of persons carried, or anticipated to be carried, to Canada aboard the transporter’s vehicles;

    • (c) whether the transporter has carried an inadmissible foreign national to Canada; and

    • (d) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter.

  • Marginal note:Amount of security

    (2) If the Minister requires security to be provided, the Minister shall determine the amount of security on the basis of the following factors:

    • (a) the commercial transporter’s record of compliance with the Act; and

    • (b) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter and the estimated removal costs.

  • Marginal note:Form of security

    (3) A commercial transporter who is required to provide security must provide it in the form of a cash deposit unless

    • (a) the transporter has entered into a memorandum of understanding referred to in subsection 280(2) that provides for another form of security; and

    • (b) the transporter demonstrates that there is no significant risk of a debt not being paid if they were to provide another form of security.

  • Marginal note:Return of security

    (4) If the Minister determines on the basis of the factors set out in subsection (1) that security is no longer required, the Minister shall return the security to the commercial transporter.

Marginal note:Application of s. 148(2) of the Act

 For the purposes of subsection 148(2) of the Act, a prescribed good is a good that is not land, a building or a transportation facility.

Marginal note:Object detained or seized

 If an object is detained or seized under subsection 148(2) of the Act, that object shall remain detained or seized until

  • (a) the transporter complies with its obligations under section 148 of the Act; or

  • (b) the transporter’s obligations are discharged by another person.

Marginal note:Notice of seizure

  •  (1) Following a seizure under subsection 148(2) of the Act, an officer shall make reasonable efforts to

    • (a) identify the lawful owner of the object seized; and

    • (b) give notice of the seizure to that person.

  • Marginal note:Disposition after seizure

    (2) A thing seized under subsection 148(2) of the Act shall be disposed of by

    • (a) returning the object to the transporter on receipt of

      • (i) an amount equal to the value of the object at the time of seizure and any expenses incurred in the seizure and, if applicable, detention,

      • (ii) the security required under the Act or any costs and fees for which the transporter is liable, as well as an amount equal to any expenses incurred in the seizure and, if applicable, detention, or

      • (iii) evidence that the transporter is in compliance with its obligations under subsection 148(1) of the Act and has reimbursed Her Majesty in right of Canada for any expenses incurred in the seizure and, if applicable, detention; or

    • (b) disposing of the object under section 287.

Marginal note:Sale of a seized object

  •  (1) If a transporter does not comply with paragraph 286(2)(a) within a reasonable time, an officer shall give notice to the transporter that the object will be sold. The object shall then be sold for the benefit of Her Majesty in right of Canada and the proceeds of the sale shall be applied to the transporter’s outstanding debt to Her Majesty under the Act. Any surplus shall be returned to the transporter.

  • Marginal note:Costs incurred in seizure

    (2) Any expenses incurred by Her Majesty in right of Canada in selling the object, and any expenses incurred in the seizure or, if applicable, detention of the object, shall be deducted from the proceeds of the sale.

  • SOR/2004-167, s. 69(E)

PART 18Loans

Marginal note:Definition of beneficiary

 In this Part, beneficiary, in respect of a person, means

  • (a) the person’s spouse, common-law partner or conjugal partner;

  • (b) a dependent child of the person or of the person’s spouse, common-law partner or conjugal partner; and

  • (c) any other person who, at the time of their application for a permanent resident visa or their application to remain in Canada as a permanent resident, is in a relationship of dependency with the person by virtue of being cared for by or receiving emotional and financial support from the person.

  • SOR/2009-163, s. 10(F)

Marginal note:Types of loans

 The Minister may make loans to the following persons for the following purposes:

  • (a) to a foreign national referred to in Part 1 of the Act for the purpose of

    • (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) assisting the foreign national and their beneficiaries to become established in Canada, or

    • (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by the foreign national and their beneficiaries of permanent resident status;

  • (b) to a foreign national referred to in Part 2 of the Act for the purpose of

    • (i) defraying the cost to the foreign national and their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) defraying the cost to the foreign national and their beneficiaries of transportation to attend any interview relating to their application, and related administrative charges,

    • (iii) defraying the cost to the foreign national and their beneficiaries of a medical examination under subsection 16(2) of the Act or section 30 of these Regulations, and related costs and administrative charges, or

    • (iv) assisting the foreign national and their beneficiaries to become established in Canada; and

  • (c) to a permanent resident or a Canadian citizen for the purpose of

    • (i) defraying the cost to their beneficiaries of transportation from their point of departure outside Canada to their point of destination in Canada, and related administrative charges,

    • (ii) defraying the cost to their beneficiaries of a medical examination under subsection 16(2) of the Act or section 30 of these Regulations, and related costs and administrative charges, if the beneficiaries are protected persons within the meaning of subsection 95(2) of the Act, or

    • (iii) defraying the fee, referred to in subsection 303(1), payable for the acquisition by their beneficiaries of permanent resident status.

  • SOR/2009-163, s. 11(F)

Marginal note:Maximum amount

  •  (1) The maximum amount of advances that may be made under subsection 88(1) of the Act is $110,000,000.

  • Marginal note:Total loans

    (2) The total amount of all loans made under this Part plus accrued interest on those loans shall not at any time exceed the maximum amount of advances prescribed by subsection (1).

Marginal note:Repayment

  •  (1) Subject to section 292, a loan made under section 289 becomes payable

    • (a) in the case of a loan for the purpose of defraying transportation costs, 30 days after the day on which the person for whose benefit the loan was made enters Canada; and

    • (b) in the case of a loan for any other purpose, 30 days after the day on which the loan was made.

  • Marginal note:Repayment terms

    (2) Subject to section 292, a loan made under section 289, together with all accrued interest, must be repaid in full, in consecutive monthly instalments, within

    • (a) 12 months after the day on which the loan becomes payable, if the amount of the loan is not more than $1,200;

    • (b) 24 months after the day on which the loan becomes payable, if the amount of the loan is more than $1,200 but not more than $2,400;

    • (c) 36 months after the day on which the loan becomes payable, if the amount of the loan is more than $2,400 but not more than $3,600;

    • (d) 48 months after the day on which the loan becomes payable, if the amount of the loan is more than $3,600 but not more than $4,800; and

    • (e) 72 months after the day on which the loan becomes payable, if the amount of the loan is more than $4,800.

  • SOR/2009-163, s. 12(F)

Marginal note:Deferred repayment

  •  (1) If repaying a loan, in accordance with the requirements of section 291, that was made to a person under section 289 would, by reason of the person’s income, assets and liabilities, cause the person financial hardship, an officer may, to the extent necessary to relieve that hardship but subject to subsection (2), defer the commencement of the repayment of the loan, defer payments on the loan, vary the amount of the payments or extend the repayment period.

  • Marginal note:Maximum extension

    (2) A repayment period shall not be extended beyond

    • (a) an additional 24 months, in the case of a loan referred to in paragraph 289(b); and

    • (b) an additional six months, in the case of any other loan.

  • SOR/2009-163, s. 13(F)

Marginal note:Rate of interest

  •  (1) A loan made under this Part bears interest at a rate equal to the rate that is established by the Minister of Finance for loans made by that Minister to Crown corporations and that is in effect

    • (a) on the first day of January in the year in which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part; and

    • (b) on the first day of January in the year in which the person for whose benefit the loan is made enters Canada, in any other case.

  • Marginal note:Interest on loans under paras. 289(a) and c)

    (2) The interest on a loan made under paragraph 289(a) or (c) accrues beginning

    • (a) 30 days after the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part; and

    • (b) 30 days after the day on which the person for whose benefit the loan is made enters Canada, in any other case.

  • Marginal note:Interest on loans under par. 289b)

    (3) The interest on a loan made under paragraph 289(b) accrues

    • (a) if the amount of the loan is not more than $1,200, beginning on the first day of the thirteenth month after

      • (i) the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part, and

      • (ii) the day on which the person for whose benefit the loan is made enters Canada, in any other case;

    • (b) if the amount of the loan is more than $1,200 but not more than $2,400, beginning on the first day of the twenty-fifth month after

      • (i) the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part, and

      • (ii) the day on which the person for whose benefit the loan is made enters Canada, in any other case; and

    • (c) if the amount of the loan is more than $2,400, beginning on the first day of the thirty-seventh month after

      • (i) the day on which the loan is made, in the case of a loan made to a person in Canada who has no other outstanding loans under this Part, and

      • (ii) the day on which the person for whose benefit the loan is made enters Canada, in any other case.

  • Marginal note:Existing loan

    (4) If a loan that was made to a person under section 289 has not been repaid and a subsequent loan is made under that section to that person, the subsequent loan bears interest at a rate equal to the rate of interest payable on the previous loan.

  • (5) The interest on a loan made under section 289 shall be calculated daily and, if a monthly installment referred to in subsection 291(2) is paid late or in part or is not paid, shall be compounded monthly.

  • (6) For greater certainty, the applicable rate of interest in respect of a loan made under section 289 remains the same until the loan is repaid in full.

  • SOR/2006-116, s. 1

PART 19Fees

DIVISION 1General

Marginal note:Interpretation

 In this Part,

  • (a) a fee payable under this Part is payable per person, and not per application, and accordingly is payable in respect of each person by or on behalf of whom an application is made, up to the maximum fees prescribed by subsections 296(3), 297(2) and 299(3);

  • (b) subject to subsections 295(3), 301(2), 304(2) and 314(3), a fee payable under this Part for processing an application is payable at the time the application is made; and

  • (c) subject to subsections 295(4) and 301(3), if the requirement to pay a fee depends on a person’s age or the amount of a fee is calculated in accordance with their age, the age of the person shall be determined as of the day the application in respect of which the fee is payable is made.

  • SOR/2009-163, s. 14

DIVISION 2Fees for Applications for Visas and Permits

Permanent Resident Visas

Marginal note:Permanent resident visa

  •  (1) The following fees are payable for processing an application for a permanent resident visa:

    • (a) if the application is made by a person as a member of the family class

      • (i) in respect of a principal applicant, other than a principal applicant referred to in subparagraph (ii), $475,

      • (ii) in respect of a principal applicant who is a foreign national referred to in any of paragraphs 117(1)(b) or (f) to (h), is less than 22 years of age and is not a spouse or common-law partner, $75,

      • (iii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

      • (iv) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150;

    • (b) if the application is made by a person as a member of the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class

      • (i) in respect of a principal applicant, $1,050,

      • (ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150; and

    • (c) if the application is made by a person as a member of any other class or by a person referred to in section 71

      • (i) in respect of a principal applicant, $550,

      • (ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

  • Marginal note:Exception — refugees

    (2) The following persons are not required to pay the fees referred to in subsection (1):

    • (a) a person who makes an application as a member of the Convention refugees abroad class and the family members included in the member's application; and

    • (b) a person who makes an application as a member of one of the humanitarian-protected persons abroad classes and the family members included in the member's application.

  • Marginal note:Exception — transitional skilled worker class

    (2.1) The following persons are not required to pay the fees referred to in subsection (1):

    • (a) a person described in paragraph 85.1(2)(a) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2); and

    • (b) a person described in paragraph 85.1(2)(b) who makes an application as a member of the transitional federal skilled worker class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 85.1(2), if the fees for processing their withdrawn application have not been refunded.

  • Marginal note:Exception — transitional federal business classes

    (2.2) The following persons are not required to pay the fees referred to in subsection (1):

    • (a) a person described in paragraph 109.1(2)(a) who makes an application as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 109.1(2); and

    • (b) a person described in paragraph 109.1(2)(b) who makes an application as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class for a permanent resident visa and the family members included in the member's application who were also included in the application referred to in subsection 109.1(2), if the fees for processing their withdrawn application have not been refunded.

  • Marginal note:Payment by sponsor

    (3) A fee payable under subsection (1) in respect of a person who makes an application as a member of the family class or their family members

    • (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and

    • (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application for a permanent resident visa has begun, the sponsorship application is withdrawn by the sponsor.

  • Marginal note:Age

    (4) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed.

  • SOR/2003-383, s. 6
  • SOR/2005-61, s. 7
  • SOR/2009-163, s. 15

Temporary Resident Visas

Marginal note:Single entry — $75

  •  (1) A fee of $75 is payable for processing an application for a temporary resident visa to enter Canada once.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member, the members of the suite of such a person and the family members of such a person;

    • (b) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act and their family members;

    • (c) a person who is a member of the clergy, a member of a religious order or a lay person who is to assist a congregation or a group in the achievement of its spiritual goals, if the duties to be performed by the person are to consist mainly of preaching doctrine, presiding at liturgical functions or spiritual counselling, and their family members;

    • (d) persons, other than a group of performing artists and their staff, who apply at the same time and place for a work permit or a study permit;

    • (e) a person who is seeking to enter Canada for the purpose of attending a meeting

      • (i) hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant, or

      • (ii) as a representative of the Organization of American States or the Caribbean Development Bank;

    • (f) a person who is seeking to enter Canada as a competitor, coach, judge, team official, medical staff member or member of a national or international sports organizing body participating in the Pan-American Games, when held in Canada, or as a performer participating in a festival associated with any of those Games;

    • (g) a person who is seeking to enter Canada for a period of less than 48 hours and who is

      • (i) travelling by transporter’s vehicle to a destination other than Canada, or

      • (ii) transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another transporter’s vehicle; and

    • (h) a person who is seeking to enter Canada as a competitor, coach, judge, team official, medical staff member or member of a national or international sports organizing body participating in the XI FINA (Fédération internationale de natation) World Championships to be held in Montreal, Quebec, during the period beginning on July 17, 2005 and ending on July 31, 2005.

  • Marginal note:Maximum fee

    (3) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $400.

  • SOR/2005-63, s. 1

Marginal note:Multiple entry — $150

  •  (1) A fee of $150 is payable for processing an application for a temporary resident visa to enter Canada more than once.

  • Marginal note:Exception

    (1.1) The persons referred to in any of paragraphs 296(2)(a) to (e) or (g) are not required to pay the fee referred to in subsection (1).

  • Marginal note:Maximum fee

    (2) The total amount of fees payable under subsection (1) by an applicant and their family members who apply at the same time and place shall not exceed $400.

  • SOR/2004-167, s. 70

Temporary Resident Permits

Marginal note:Fee — $200

  •  (1) A fee of $200 is payable for processing an application for a temporary resident permit.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person referred to in subsection 295(2) or any of paragraphs 296(2)(c) or (d), 299(2)(a), (b) or (d) to (k) or 300(2)(d) to (i);

    • (b) a person in respect of whom an application for a permanent resident visa, an application to remain in Canada as a permanent resident or an application for authorization under subsection 25(1) of the Act is pending;

    • (c) a citizen of Costa Rica seeking to enter and remain in Canada during the period beginning on May 11, 2004 and ending on May 12, 2004, if the person does not hold a temporary resident visa but is not otherwise inadmissible;

    • (d) a person referred to in paragraph 296(2)(e) in respect of whom an order has been made under subsection 5(1) of the Foreign Missions and International Organizations Act; and

    • (e) a person who, while they are in transit to Canada, ceases to be exempt under paragraph 190(1)(a) from the requirement for a temporary resident visa, if, during the first 48 hours after they cease to be exempt from that requirement, they seek to enter and remain in Canada and are inadmissible to Canada for the sole reason that they do not have a temporary resident visa.

  • SOR/2003-197, s. 3
  • SOR/2004-111, s. 2
  • SOR/2004-167, s. 71

Work Permits

Marginal note:Fee — $150

  •  (1) A fee of $150 is payable for processing an application for a work permit.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

    • (b) a person in Canada on whom refugee protection has been conferred, and their family members;

    • (c) a person who is a member of the Convention refugees abroad class or a member of one of the humanitarian-protected persons abroad classes, and their family members;

    • (d) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

    • (e) a person whose work in Canada is designated under subparagraph 205(c)(i);

    • (f) a person who works in Canada for a Canadian religious or charitable organization, without remuneration;

    • (g) a person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of

      • (i) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member,

      • (ii) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, or

      • (iii) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

    • (h) a person who works in Canada under an agreement entered into with a country by Canada or by or on behalf of a province, that provides for reciprocal employment opportunities of an artistic, cultural or educational nature;

    • (i) a person whose work in Canada is pursuant to an international student or young workers reciprocal employment program;

    • (j) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and

    • (k) a United States Government official in possession of an official United States Government passport who is assigned to a temporary posting in Canada, and their family members.

  • Marginal note: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 at the same time and place for a work permit is $450.

Study Permits

Marginal note:Fee — $125

  •  (1) A fee of $125 is payable for processing an application for a study permit.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division, and their family members;

    • (b) a person in Canada on whom refugee protection has been conferred, and their family members;

    • (c) a person who is a member of the Convention refugees abroad class or one of the humanitarian-protected persons abroad classes, and their family members;

    • (d) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member, the members of the suite of such a person and the family members of such a person;

    • (e) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members;

    • (f) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

    • (g) a person whose study in Canada is under an agreement or arrangement between Canada and another country that provides for reciprocity of student exchange programs;

    • (h) a person who works in Canada as an officer of the United States Immigration and Naturalization Service or of United States Customs carrying out pre-inspection duties, as an American member of the International Joint Commission or as a United States grain inspector, and their family members; and

    • (i) a United States Government official in possession of an official United States Government passport who is assigned to a temporary posting in Canada, and their family members.

DIVISION 3Fees for Applications to Remain in Canada as a Permanent Resident

Marginal note:Fee

  •  (1) The following fees are payable for processing an application to remain in Canada as a permanent resident:

    • (a) if the application is made by a person as a member of the spouse or common-law partner in Canada class

      • (i) in respect of a principal applicant, $475,

      • (ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150; and

    • (b) if the application is made by a person as a member of the live-in caregiver class or as a protected person under subsection 175(1)

      • (i) in respect of a principal applicant, $550,

      • (ii) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550, and

      • (iii) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

  • Marginal note:Exception

    (1.1) A person who is a member of the protected temporary residents class and the family members included in their application are not required to pay the fees referred to in subsection (1).

  • Marginal note:Payment by sponsor

    (2) The fee payable under subsection (1) in respect of a person who makes an application as a member of the spouse or common-law partner in Canada class or their family members

    • (a) is payable, together with the fee payable under subsection 304(1), at the time the sponsor files the sponsorship application; and

    • (b) shall be repaid in accordance with regulations referred to in subsection 20(2) of the Financial Administration Act if, before the processing of the application to remain in Canada as a permanent resident has begun, the sponsorship application is withdrawn by the sponsor.

  • Marginal note:Age

    (3) For the purposes of paragraph (1)(a), the age of the person in respect of whom the application is made shall be determined as of the day the sponsorship application is filed.

  • SOR/2004-167, s. 72
  • SOR/2009-163, s. 16

Marginal note:Fee — $325

 A fee of $325 is payable for processing an application by a person as a member of the permit holder class to remain in Canada as a permanent resident.

  • SOR/2004-167, s. 73(E)

DIVISION 4Right of Permanent Residence

Marginal note:Fee — $490

  •  (1) A fee of $490 is payable by a person for the acquisition of permanent resident status.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person who is a family member of a principal applicant and is a dependent child referred to in paragraph (b) or (c) of the definition “family member” in subsection 1(3);

    • (b) a principal applicant who is a foreign national referred to in paragraph 117(1)(b), (f) or (g);

    • (b.1) a principal applicant in Canada who has made an application in accordance with section 66 and is a dependent child of a permanent resident or of a Canadian citizen;

    • (b.2) a member of the permit holder class who is a dependent child of

      • (i) a member of the permit holder class who has made an application to remain in Canada as a permanent resident, or

      • (ii) a permanent resident or a Canadian citizen;

    • (c) a protected person within the meaning of subsection 95(2) of the Act who has applied to remain in Canada as a permanent resident, and their family members;

    • (c.1) a person who is a member of the protected temporary residents class and is described in paragraph 151.1(2)(b) and the family members included in their application;

    • (d) a person who is a member of the Convention refugees abroad class, and the family members included in their application; and

    • (e) a person who is a member of one of the humanitarian-protected persons abroad classes, and the family members included in their application.

  • Marginal note:Payment

    (3) The fee referred to in subsection (1) is payable

    • (a) in the case of an application by or on behalf of a person for a permanent resident visa, before the visa is issued; and

    • (b) in the case of an application by or on behalf of a foreign national to remain in Canada as a permanent resident, before the foreign national becomes a permanent resident.

  • Marginal note:Remission

    (4) The fee referred to in subsection (1) is remitted if the person does not acquire permanent resident status, in which case the fee shall be repaid by the Minister to the person who paid it.

  • Marginal note:Transitional — subsection (4)

    (5) For the purpose of subsection (4), if the fee was paid before the day on which this subsection comes into force, the amount to be remitted and repaid — except to the extent otherwise remitted — is $975.

  • Marginal note:Transitional — remission

    (6) Despite subsections (4) and (5), in the case where the fee of $975 was paid in accordance with paragraph (3)(a), a portion of that fee in the amount of $485 is remitted and shall be repaid — except to the extent otherwise remitted — by the Minister to the person who paid the fee if

    • (a) the person in respect of whom the fee was paid has, on or before the day on which this subsection comes into force, not yet acquired permanent resident status and they are a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h); or

    • (b) the person in respect of whom the fee was paid acquires permanent resident status on or after the day on which this subsection comes into force and they are not a person referred to in any of paragraphs 117(1)(a), (c), (d) or (h).

  • SOR/2004-167, s. 74
  • SOR/2005-61, s. 8
  • SOR/2006-89, s. 1

DIVISION 5Fees for Other Applications and Services

Sponsorship Application for Family Classes

Marginal note:Fee — $75

  •  (1) A fee of $75 is payable for processing a sponsorship application under Part 7.

  • Marginal note:Payment

    (2) The fee referred to in subsection (1) is payable at the time the application is filed.

Extension of Authorization to Remain in Canada as a Temporary Resident

Marginal note:Fee — $75

  •  (1) A fee of $75 is payable for processing an application under subsection 181(1).

  • Marginal note:Exception

    (2) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a person who makes an application for a work permit or a study permit at the same time as they make the application referred to in subsection (1);

    • (b) a person who has made a claim for refugee protection that has not yet been determined by the Refugee Protection Division;

    • (c) a person on whom refugee protection has been conferred;

    • (d) a person who has been determined to be a member of the Convention refugees abroad class or one of the humanitarian-protected persons abroad classes;

    • (e) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member, the members of the suite of such a person and the family members of such a person;

    • (f) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force under paragraph 4(c) of that Act, and their family members;

    • (g) a person who is a member of the clergy, a member of a religious order or a lay person who is to assist a congregation or a group in the achievement of its spiritual goals, if the duties to be performed by the person are to consist mainly of preaching doctrine, presiding at liturgical functions or spiritual counselling, and their family members;

    • (h) an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency; and

    • (i) a family member of any of the following persons, namely,

      • (i) a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a),

      • (ii) a person whose work is designated under subparagraph 205(c)(i),

      • (iii) a person whose work in Canada is for a Canadian religious or charitable organization, without remuneration,

      • (iv) a person whose presence in Canada is as a participant in a program sponsored by the Canadian International Development Agency, or

      • (v) a person whose presence in Canada is as a recipient of a Government of Canada scholarship or fellowship.

Restoration of Temporary Resident Status

Marginal note:Fee — $200

  •  (1) A fee of $200 is payable for processing an application under section 182.

  • Marginal note:Exception

    (2) A person who holds an unexpired temporary resident permit is not required to pay the fee referred to in subsection (1).

Application under Section 25 of the Act

Marginal note:Fees

 The following fees are payable for processing an application made in accordance with section 66 if no fees are payable in respect of the same applicant for processing an application to remain in Canada as a permanent resident or an application for a permanent resident visa:

  • (a) in the case of a principal applicant, $550;

  • (b) in the case of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550; and

  • (c) in the case of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

Permanent Resident Cards

Marginal note:Fee — $50

  •  (1) A fee of $50 is payable for processing an application made under paragraph 53(1)(b) for a permanent resident card.

  • Marginal note:Renewal or replacement fee

    (2) A fee of $50 is payable for processing an application for the renewal of a permanent resident card or for the replacement of a lost, stolen or destroyed permanent resident card.

  • Marginal note:Replacement due to error

    (3) No fee is payable for the replacement of a permanent resident card containing an error that is not attributable to the permanent resident.

Determination of Rehabilitation

Marginal note:Fees

 The following fees are payable for processing an application for a determination of rehabilitation under paragraph 36(3)(c) of the Act:

  • (a) in the case of a foreign national inadmissible on grounds of serious criminality under paragraph 36(1)(b) or (c) of the Act, $1,000; and

  • (b) in the case of a foreign national inadmissible on grounds of criminality under paragraph 36(2)(b) or (c) of the Act, $200.

Authorization to Return to Canada

Marginal note:Fee — $400

 A fee of $400 is payable for processing an application for authorization to return to Canada under subsection 52(1) of the Act.

Certification and Replacement of Immigration Document

Marginal note:Certification — $30

  •  (1) A fee of $30 is payable for processing an application for the certification of an immigration document, other than a permanent resident card, confirming the date on which a person became a permanent resident.

  • Marginal note:Replacement — $30

    (2) A fee of $30 is payable for processing an application to replace any immigration document, other than a permanent resident card, that is issued by the Department.

  • Marginal note:Exception

    (3) The following persons are not required to pay the fee referred to in subsection (1):

    • (a) a federal, provincial or municipal government agency;

    • (b) a person in receipt of provincial social assistance payments; and

    • (c) a person in receipt of assistance under the Resettlement Assistance Program.

After-hours Examination

Marginal note:Fee — $100

  •  (1) The following fees are payable for an examination for the purpose of entering Canada that is made outside the applicable service hours of the port of entry where the officer who conducts the examination is based:

    • (a) a fee of $100 for the first four hours of examination; and

    • (b) a fee of $30 for each additional hour or part of an hour of examination.

  • Marginal note:Payment

    (2) The fees are payable at the time of the examination

    • (a) if the transporter’s vehicle carrying the person to be examined arrives unscheduled at a port of entry outside service hours, by the transporter; and

    • (b) in any other case, by the person who requests that the examination take place outside service hours.

Alternative Means of Examination

Marginal note:Fee — $30

  •  (1) A fee of $30 is payable for processing an application to enroll in a program for an alternative means of examination that is administered solely by the Minister.

  • Marginal note:Payment

    (2) The fee is payable in respect of each person to be examined by an alternative means referred to in subsection (1).

Immigration Statistical Data

Marginal note:Fee for statistical data

  •  (1) The following fees are payable for processing an application for immigration statistical data that have not been published by the Department:

    • (a) $100 for the first 10 minutes or less of access to the Department’s database in order to respond to such an application; and

    • (b) $30 for each additional minute or less of such access.

  • Marginal note:Exception

    (2) The following persons are not required to pay the fees referred to in subsection (1):

    • (a) an employee of the Department; and

    • (b) an employee of the Data Development Division of the Department of Human Resources Development.

  • Marginal note:Payment

    (3) The fee referred to in subsection (1)(b) is payable at the time the service is rendered.

  • SOR/2009-163, s. 17

Marginal note:Travel document

 A fee of $50 is payable for processing an application for a travel document issued under subsection 31(3) of the Act.

PART 20Transitional Provisions

DIVISION 1Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Part.

    former Regulations

    former Regulations means the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172. (ancien règlement)

    Humanitarian Designated Classes Regulations

    Humanitarian Designated Classes Regulations means the Humanitarian Designated Classes Regulations , as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183. (Règlement sur les catégories d’immigrants précisées pour des motifs d’ordre humanitaire)

    Immigration Act Fees Regulations

    Immigration Act Fees Regulations means the Immigration Act Fees Regulations, as enacted by Order in Council P.C. 1996-2003 dated December 19, 1996 and registered as SOR/97-22. (Règlement sur les prix à payer — Loi sur l’immigration)

    Refugee Claimants Designated Class Regulations

    Refugee Claimants Designated Class Regulations means the Refugee Claimants Designated Class Regulations, as enacted by Order in Council P.C. 1989-2517 dated December 21, 1989 and registered as SOR/90-40. (Règlement sur la catégorie admissible de demandeurs du statut de réfugié)

  • Interpretation — former Act

    (2) For greater certainty, in this Part former Act has the same meaning as in section 187 of the Immigration and Refugee Protection Act.

  • Marginal note:Interpretation — Immigration and Refugee Protection Act

    (3) A reference in this Part to the Immigration and Refugee Protection Act includes the regulations and rules made under it.

DIVISION 2General Provisions

Marginal note:Decisions and orders made under former Act

  •  (1) A decision or order made under the former Act that is in effect immediately before the coming into force of this section continues in effect after that coming into force.

  • Marginal note:Documents issued under former Act

    (2) A document, including a visa, that is issued under the former Act and is valid immediately before the coming into force of this section continues to be valid after that coming into force.

DIVISION 3Enforcement

Marginal note:Terms and conditions

 Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Removal order

  •  (1) Subject to subsection (2), a removal order made under the former Act that was unexecuted on the coming into force of this section continues in force and is subject to the provisions of the Immigration and Refugee Protection Act.

  • Marginal note:Stay of removal

    (2) The execution of a removal order that had been stayed on the coming into force of this section under paragraphs 49(1)(c) to (f) of the former Act continues to be stayed until the earliest of the events described in paragraphs 231(1)(a) to (e).

  • Marginal note:Exception

    (3) Subsection (2) does not apply if

    • (a) the subject of the removal order was determined by the Convention Refugee Determination Division not to have a credible basis for their claim; or

    • (b) the subject of the removal order

      • (i) is subject to a removal order because they are inadmissible on grounds of serious criminality, or

      • (ii) resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act on their entry into Canada.

  • Marginal note:Conditional removal order

    (4) A conditional removal order made under the former Act continues in force and is subject to subsection 49(2) of the Immigration and Refugee Protection Act.

  • Marginal note:Executed removal order

    (5) Section 52 of the Immigration and Refugee Protection Act applies to a person who immediately before the coming into force of this section was outside Canada after a removal order was executed against them.

Marginal note:Inadmissibility — security grounds

  •  (1) A person is inadmissible under the Immigration and Refugee Protection Act on security grounds if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act.

  • Marginal note:Violating human or international rights

    (2) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of violating human or international rights if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(j) or (l) of the former Act.

  • Marginal note:Paragraph 19(1)(l) of the former Act

    (2.1) For greater certainty, an opinion of the Minister under paragraph 19(1)(l) of the former Act continues as an opinion of the Minister under paragraph 35(1)(b) of the Immigration and Refugee Protection Act.

  • Marginal note:Serious criminality

    (3) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c) or (c.1) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(a.1) of the former Act.

  • Marginal note:Criminality

    (4) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(2)(a), (a.1) or (b) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act.

  • Marginal note:Paragraph 27(1)(d) of former Act

    (5) A person who on the coming into force of this section had been determined to be inadmissible on the basis of paragraph 27(1)(d) of the former Act is

    • (a) inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed; or

    • (b) inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years.

  • Marginal note:Organized crime

    (6) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of organized criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act.

  • Marginal note:Health grounds

    (7) A person — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissible under the Immigration and Refugee Protection Act on health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act.

  • Marginal note:Financial reasons

    (8) A person is inadmissible under the Immigration and Refugee Protection Act for financial reasons if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(b) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(f) or (2)(l) of the former Act.

  • Marginal note:Misrepresentation

    (9) A person is inadmissible under the Immigration and Refugee Protection Act for misrepresentation if, on the coming into force of this section, the person had been determined to be inadmissible on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act.

  • Marginal note:Failing to comply

    (10) A person is inadmissible under the Immigration and Refugee Protection Act for failing to comply with that Act if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act.

  • SOR/2004-167, s. 75

Marginal note:Reports

  •  (1) A report made under section 20 or 27 of the former Act is a report under subsection 44(1) of the Immigration and Refugee Protection Act.

  • Marginal note:Equivalency

    (2) For the purpose of subsection (1)

    • (a) inadmissibility as a member of a class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act is inadmissibility on security grounds under the Immigration and Refugee Protection Act;

    • (b) inadmissibility as a member of a class described in paragraph 19(1)(j) or (l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of violating human or international rights;

    • (c) inadmissibility as a member of a class described in paragraph 19(1)(c) or (c.1) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.1) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of serious criminality;

    • (d) inadmissibility as a member of a class described in paragraph 19(2)(a), (a.1) or (b) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of criminality;

    • (e) inadmissibility on the basis of paragraph 27(1)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of

      • (i) serious criminality, if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed, or

      • (ii) criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years;

    • (f) inadmissibility as a member of a class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of organized criminality;

    • (g) inadmissibility as a member of the inadmissible class described in paragraph 19(1)(a) of the former Act — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissibility under the Immigration and Refugee Protection Acton health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act;

    • (h) inadmissibility as a member of a class described in paragraph 19(1)(b) of the former Act or inadmissibility on the basis of paragraph 27(1)(f) or (2)(l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for financial reasons;

    • (i) inadmissibility on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for misrepresentation; and

    • (j) inadmissibility as a member of a class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act or inadmissibility on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for failing to comply with the Act.

  • Marginal note:Reports forwarded to a senior immigration officer

    (3) A report that was forwarded to a senior immigration officer under the former Act and in respect of which a decision has not been made on the coming into force of this section is a report transmitted to the Minister.

  • Marginal note:Inquiry

    (4) The causing by a senior immigration officer of an inquiry to be held under the former Act is the referring by the Minister of a report to the Immigration Division under subsection 44(2) of the Immigration and Refugee Protection Act unless that subsection allows the Minister to make a removal order.

  • Marginal note:No substantive evidence

    (5) If no substantive evidence was adduced before the Adjudication Division, the causing by a senior immigration officer of an inquiry to be held under the former Act is, if subsection 44(2) of the Immigration and Refugee Protection Act allows the Minister to make a removal order, a report on the basis of which the Minister may make a removal order.

Marginal note:Detention

  •  (1) The first review of reasons, after the coming into force of this section, for the continued detention of a person detained under the former Act shall be made in accordance with the provisions of the former Act.

  • Marginal note:Period of detention

    (2) If the review referred to in subsection (1) was the first review in respect of a person’s detention, the period of detention at the end of which that review was made shall be considered the period referred to in subsection 57(1) of the Immigration and Refugee Protection Act.

  • Marginal note:Subsequent review

    (3) If a review of reasons for continued detention follows the review referred to in subsection (1), that review shall be made under the Immigration and Refugee Protection Act.

Marginal note:Order issued by Deputy Minister

 An order issued by a Deputy Minister under subsection 105(1) of the former Act continues in force and the review of reasons for continued detention shall be made under the Immigration and Refugee Protection Act.

Marginal note:Release

 A release from detention under the former Act is the ordering of release from detention under the Immigration and Refugee Protection Act and any terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Warrants

Marginal note:Danger to the public

  •  (1) A claim to be a Convention refugee made by a person described in subparagraph 19(1)(c.1)(i) of the former Act in respect of whom the Minister was of the opinion under subparagraph 46.01(1)(e)(i) of the former Act that the person constitutes a danger to the public in Canada is deemed, if no determination was made by a senior immigration officer under section 45 of the former Act, to be a claim for refugee protection made by a person described in paragraph 101(2)(b) of the Immigration and Refugee Protection Act who is inadmissible and in respect of whom the Minister is of the opinion that the person is a danger to the public.

  • Marginal note:Appeals

    (2) A person in respect of whom subsection 70(5) or paragraph 77(3.01)(b) of the former Act applied on the coming into force of this section is a person in respect of whom subsection 64(1) of the Immigration and Refugee Protection Act applies.

  • Marginal note:Removal not prohibited

    (3) A person whose removal on the coming into force of this section was allowed by the application of paragraphs 53(1)(a) to (d) of the former Act is a person referred to in subsection 115(2) of the Immigration and Refugee Protection Act.

Marginal note:Certificates

 A certificate determined to be reasonable under paragraph 40.1(4)(d) of the former Act is deemed to be a certificate determined to be reasonable under subsection 80(1) of the Immigration and Refugee Protection Act.

Marginal note:Permanent residents

  •  (1) A person who was a permanent resident immediately before the coming into force of this section is a permanent resident under the Immigration and Refugee Protection Act.

  • Marginal note:Returning resident permit

    (2) Any period spent outside Canada within the five years preceding the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

  • Marginal note:Returning resident permit

    (3) Any period spent outside Canada within the two years immediately following the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

Marginal note:Visitors and permit holders

  •  (1) Any of the following persons who were in Canada immediately before the coming into force of this section are temporary residents under the Immigration and Refugee Protection Act and are subject to its provisions:

    • (a) a visitor under the former Act; and

    • (b) a person issued a permit under section 37 of the former Act.

  • Marginal note:Permits

    (2) A permit issued by the Minister under section 37 of the former Act is deemed to be a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act.

Marginal note:Examination

 Any of the following persons who were in Canada immediately before the coming into force of this section are deemed to have been authorized under section 23 of the Immigration and Refugee Protection Act to enter Canada:

  • (a) a person in respect of whom an examination remains incomplete and whose examination was adjourned and referred to another immigration officer for completion under subsection 12(3) of the former Act;

  • (b) a person in respect of whom an examination remains incomplete and whose examination was deferred under paragraph 13(1)(a) of the former Act;

  • (c) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 14(2)(b) of the former Act;

  • (d) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 23(1)(b) of the former Act; and

  • (e) a person who has made a claim to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section.

Marginal note:Performance bonds and security deposits

 A performance bond posted or security deposited under the former Act that remains posted or deposited immediately before the coming into force of this section continues as a deposit or a guarantee under the Immigration and Refugee Protection Act and is governed by its provisions.

Marginal note:Seizures

 A thing seized under the former Act continues to be seized on the coming into force of this section, and the seizure is governed by the provisions of the Immigration and Refugee Protection Act.

Marginal note:Debts

 Any debt under subsection 118(3) of the former Act continues as a debt on the coming into force of this section and is governed by the provisions of the Immigration and Refugee Protection Act.

DIVISION 4Refugee and Humanitarian Resettlement Program

Marginal note:Applications for protection abroad

 With the exception of subsection 150(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act if the application is pending at the time of the coming into force of this section and no visa has been issued to the applicant.

Marginal note:Family member

 An applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act that has not been refused may add to their application at any time prior to their departure for Canada a person included in the definition family member in subsection 1(3).

Marginal note:Sponsorship agreements

 A sponsorship agreement with the Minister made under the former Act and former Regulations does not cease to have effect for the sole reason of section 152 coming into force.

Marginal note:Sponsors

  •  (1) Subject to subsections (2) and (3), a sponsor who made an undertaking within the meaning of paragraph (b) of the definition undertaking in subsection 2(1) of the former Regulations, or of the definition undertaking in subsection 1(1) of the Humanitarian Designated Classes Regulations, and in respect of whom an immigration officer was satisfied that the requirements of paragraph 7.1(2)(d) or 5(2)(d) of those Regulations, respectively, were met is deemed to be a sponsor whose application has been approved by an officer under section 154.

  • Marginal note:Additional persons sponsored

    (2) Subsection (1) does not apply to a sponsor who requests that a person be added to their undertaking.

  • Marginal note:Ineligibility to sponsor

    (3) Subsection (1) does not apply to a sponsor who is ineligible to be a party to a sponsorship under section 156.

DIVISION 5Refugee Protection

Marginal note:Refugee protection

 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who

  • (a) has been determined in Canada before the coming into force of this section to be a Convention refugee and

    • (i) no determination was made to vacate that determination, or

    • (ii) no determination was made that the person ceased to be a Convention refugee;

  • (b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under

    • (i) section 7 of the former Regulations, or

    • (ii) section 4 of the Humanitarian Designated Classes Regulations; or

  • (c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Marginal note:Rejection of a claim for refugee protection

 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.

Marginal note:Ineligibility

 A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division.

Marginal note:Withdrawal and abandonment

 A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act.

Marginal note:Eligibility

 A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force.

Marginal note:Redetermination of eligibility

 Subject to section 191 of the Immigration and Refugee Protection Act, a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that

Marginal note:Cessation of refugee protection

 A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased.

Marginal note:Vacation

 A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a determination by the Board to vacate a decision to allow a claim for refugee protection.

Marginal note:Post-determination refugee claimants in Canada class

  •  (1) An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made before the coming into force of this section is an application for protection under sections 112 to 114 of the Immigration and Refugee Protection Act and those sections apply to the application.

  • Marginal note:Notification re additional submissions

    (2) Before a decision is made on the application, the applicant shall be notified that they may make additional submissions in support of their application.

  • Marginal note:Decision

    (3) A decision on the application shall not be made until 30 days after notification is given to the applicant.

  • Marginal note:Giving notification

    (4) Notification is given

    • (a) when it is given by hand to the applicant; or

    • (b) if it is sent by mail, seven days after the day on which it was sent to the applicant at the last address provided by them to the Department.

  • Marginal note:Stay of removal

    (5) For greater certainty, the execution of a removal order made under the former Act against an applicant referred to in subsection (1) is stayed, and the stay is effective until the earliest of the applicable events described in section 232 occurs.

  • SOR/2004-167, s. 76

Marginal note:Application for landing — Convention refugees

  •  (1) If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

  • Marginal note:Application for landing — undocumented Convention refugee in Canada class

    (2) If landing was not granted before the coming into force of this section, an application for landing as a member of the undocumented Convention refugee in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act and is not subject to the requirement in subsection 175(1) that the application be received within 180 days after a determination is made by the Board.

  • Marginal note:Application for landing — post-determination refugee claimants in Canada class

    (3) If landing was not granted before the coming into force of this section, an application for landing submitted by a person pursuant to a determination that the person is a member of the post-determination refugee claimants in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

DIVISION 6Court Proceedings

Marginal note:Judicial review

  •  (1) On the coming into force of this section, any application for leave to commence an application for judicial review and any application for judicial review or appeal from an application that was brought under the former Act that is pending before the Federal Court or the Supreme Court of Canada is deemed to have been commenced under Division 8 of Part 1 of the Immigration and Refugee Protection Act and is governed by the provisions of that Division and section 87.

  • Marginal note:Application for non-disclosure

    (2) On the coming into force of this section, any application under subsection 82.1(10) of the former Act that is pending before the Federal Court is deemed to be an application under section 87 of the Immigration and Refugee Protection Act.

  • Marginal note:Where no leave required

    (3) Despite subsection (1), an application for judicial review that was not subject to the requirement of an application for leave under the former Act and was pending on the coming into force of this section does not require such an application under the Immigration and Refugee Protection Act.

  • Marginal note:Judicial review after coming into force

    (4) Any judicial review proceeding brought in respect of any decision or order made or any matter arising under the former Act after the coming into force of this section is governed by Division 8 of Part 1 and section 87 of the Immigration and Refugee Protection Act.

  • Marginal note:Time for filing

    (5) A person in respect of whom the 30-day period provided by section 18.1 of the Federal Courts Act for making an application for judicial review from a decision or matter referred to in subsection 82.1(2) of the former Act has not elapsed on the coming into force of this section and who has not made such an application has 60 days from the coming into force of this section to file an application for leave under section 72 of the Immigration and Refugee Protection Act.

  • Marginal note:Validity or lawfulness of a decision or act

    (6) The validity or lawfulness of a decision or act made under the former Act that is the subject of a judicial review procedure or appeal referred to in subsection (1) is determined in accordance with the provisions of the former Act.

  • 2002, c. 8, s. 182
  • SOR/2009-163, s. 18(F)

Marginal note:Other court proceedings

 On the coming into force of this section, an appeal made under section 102.17 of the former Act or an application for an order made under section 102.2 of the former Act that is pending remains governed by the provisions of the former Act.

Marginal note:Decisions referred back

  •  (1) Subject to subsections (2) and (3), if a decision or an act of the Minister or an immigration officer under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before this section comes into force, the determination shall be made in accordance with the Immigration and Refugee Protection Act.

  • Marginal note:Decisions or acts not provided for by Immigration and Refugee Protection Act

    (2) If the decision or act referred to in subsection (1) was made under paragraph 46.01(1)(e), subsection 70(5) or paragraph 77(3.01)(b) of the former Act and the Immigration and Refugee Protection Act makes no provision for the decision or act, no determination shall be made.

  • Marginal note:Skilled workers and self-employed persons

    (3) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(4) and (5.2) of these Regulations.

  • Marginal note:Investors, entrepreneurs and provincial nominees

    (4) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(ii) or (iii) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(5), (5.1) and (6) of these Regulations.

  • Marginal note:Immigration Appeal Division decisions

    (5) If a decision of the Immigration Appeal Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Appeal Division shall dispose of the matter in accordance with the former Act.

  • Marginal note:Adjudication Division decisions

    (6) If a decision of the Adjudication Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Division shall dispose of the matter in accordance with the Immigration and Refugee Protection Act.

  • SOR/2003-383, s. 7

DIVISION 7Undertakings

Marginal note:Application of the Act to existing undertakings

  •  (1) Subject to subsection (2), an undertaking referred to in section 118 of the former Act that was given before the day on which this section comes into force is governed by the Immigration and Refugee Protection Act.

  • Marginal note:Recovery of social assistance payments

    (2) Payments that are made to or for the benefit of a person as social assistance or as financial assistance in the form of funds from a government resettlement assistance program referred to in subparagraph 139(1)(f)(ii) as a result of the breach of an undertaking, within the meaning of subparagraph (a)(ii) or paragraph (b) of the definition “undertaking” in subsection 2(1) of the former Regulations or of the definition “undertaking” in subsection 1(1) of the Humanitarian Designated Classes Regulations, that was given before the day on which this section comes into force, may be recovered from the person or organization that gave the undertaking as a debt due to Her Majesty in right of Canada or in right of a province.

  • Marginal note:Duration

    (3) For greater certainty, the duration of an undertaking referred to in section 118 of the former Act that was given to the Minister before the day on which this section comes into force is not affected by these Regulations.

  • Marginal note:Duration and terms

    (4) For greater certainty, if an immigrant visa was issued to a person described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations before the day on which this section comes into force, the duration and terms of an undertaking, referred to in section 118 of the former Act, relating to that person are not affected by these Regulations.

DIVISION 8Non-Accompanying Family Members

Marginal note:Not required to be included

 A person is not required to include in an application a non-accompanying common-law partner or a non-accompanying child who is not a dependent son or a dependent daughter within the meaning of subsection 2(1) of the former Regulations and is a dependent child as defined in section 2 of these Regulations if the application was made under the former Act before the day on which this section comes into force.

Marginal note:Requirements not applicable

 If a person has made an application under the former Act before the day on which this section comes into force, the following provisions do not apply to the person in respect of any of their non-accompanying dependent children, referred to in section 352, or their non-accompanying common-law partner:

  • (a) paragraph 70(1)(e);

  • (b) subparagraph 72(1)(e)(i); and

  • (c) paragraph 108(1)(a).

Marginal note:Requirements not applicable

 If a person makes an application before the day on which this section comes into force, their non-accompanying dependent children, referred to in section 352, and their non-accompanying common-law partner shall not, for the purposes of that application, be considered inadmissible non-accompanying family members, referred to in paragraph 42(a) of the Immigration and Refugee Protection Act, and are not subject to the requirements of paragraph 30(1)(a) or 51(b).

Marginal note:Family members not excluded from family class

 If a person who made an application under the former Act before June 28, 2002 sponsors a non-accompanying dependent child, referred to in section 352, who makes an application as a member of the family class or the spouse or common-law partner in Canada class, or sponsors a non-accompanying common-law partner who makes such an application, paragraph 117(9)(d) does not apply in respect of that dependent child or common-law partner.

  • SOR/2004-167, s. 77

DIVISION 9Fiancés

Marginal note:Pending applications

 If a person referred to in paragraph (f) of the definition member of the family class in subsection 2(1) of the former Regulations made an application under those Regulations for a permanent resident visa, or their sponsor submitted a sponsorship application under those Regulations, before June 28, 2002, the person’s application or the sponsorship application, as the case may be, is governed by the former Act.

  • SOR/2004-167, s. 78

DIVISION 10Fees

Marginal note:Remission — right of landing fee

 The fee set out in column III of item 19 of the schedule to the Immigration Act Fees Regulations is remitted and shall be repaid by the Minister to the person who paid it if the fee is paid in respect of a person before they become a permanent resident under the Immigration and Refugee Protection Act and the person, at the time they made an application for landing under the former Regulations, was

  • (a) a member of the family class and 19 years of age or older and, on the day on which this section comes into force, is a foreign national referred to in paragraph 117(1)(b) or (e) of these Regulations; or

  • (b) an accompanying dependant of an immigrant, within the meaning of subsection 2(1) of the former Regulations, 19 years of age or older and not a spouse of the principal applicant.

Marginal note:Fees to be reapplied

  •  (1) A fee paid for processing an application in respect of which no decision has been made before the day on which this section comes into force or an application that has been refused but the refusal has not been communicated to the applicant before that day shall be applied to the cost of completing the processing of the application under the Immigration and Refugee Protection Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of an application for a returning resident permit.

Marginal note:Remission — returning resident permit fee

 The fee for a returning resident permit set out in column III of item 3 of the schedule to the Immigration Act Fees Regulations is remitted if, before the day on which this section comes into force, no decision has been made on the application for the permit or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.

Marginal note:Remission — fee for review of family business employment offer

 The fee set out in column III of item 16 of the schedule to the Immigration Act Fees Regulations for the review of an offer of employment made to an applicant in respect of a family business is remitted if, before the day on which this section comes into force, no determination has been made on the family business application or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.

DIVISION 11Economic Classes

Marginal note:Equivalent assessment

  •  (1) If, before the day on which this section comes into force, a foreign national referred to in subsection (2) has been assessed by a visa officer and awarded the number of units of assessment required by the former Regulations, that assessment is, for the purpose of these Regulations, an award of points equal or superior to the minimum number of points required of

    • (a) a skilled worker, in the case of a foreign national described in paragraph (2)(a);

    • (b) an investor, in the case of a foreign national described in paragraph (2)(b);

    • (c) an entrepreneur, in the case of a foreign national described in paragraph (2)(c); or

    • (d) a self-employed person, in the case of a foreign national described in paragraph (2)(d).

  • Marginal note:Applicant for immigrant visa

    (2) Subsection (1) applies in respect of a foreign national who submitted an application under the former Regulations, as one of the following, for an immigrant visa that is pending immediately before the day on which this section comes into force:

    • (a) a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations;

    • (b) an investor; or

    • (c) an entrepreneur.

  • Marginal note:Application before January 1, 2002

    (3) During the period beginning on the day on which this section comes into force and ending on March 31, 2003, units of assessment shall be awarded to a foreign national, in accordance with the former Regulations, if the foreign national is an immigrant who,

    • (a) is referred to in subsection 8(1) of those Regulations, other than a provincial nominee, and

    • (b) before January 1, 2002, made an application for an immigrant visa under those Regulations that is still pending on the day on which this section comes into force and has not, before that day, been awarded units of assessment under those Regulations.

  • Marginal note:Pending applications — skilled workers

    (4) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the federal skilled worker class,

    • (a) be awarded at least the minimum number of units of assessment required by those Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or

    • (b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.

  • Marginal note:Pending applications — investors

    (5) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an investor and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the investor class,

    • (a) be determined to be an investor within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an investor; or

    • (b) be an investor within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

  • Marginal note:Pending applications — entrepreneurs

    (5.1) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an entrepreneur and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the entrepreneur class,

    • (a) be determined to be an entrepreneur within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an entrepreneur; or

    • (b) be an entrepreneur within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

  • Marginal note:Pending applications — self-employed persons

    (5.2) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a self-employed person and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the self-employed persons class,

    • (a) be determined to be a self-employed person within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for a self-employed person; or

    • (b) be a self-employed person within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations.

  • Marginal note:Provincial nominees

    (6) If, before the day on which this section comes into force, a foreign national who was a provincial nominee submitted an application for a permanent resident visa under the former Regulations that is pending immediately before that day, the foreign national shall be assessed, and units of assessment shall be awarded to them, in accordance with those Regulations.

  • SOR/2003-383, s. 8

Marginal note:Investors

 If, before April 1, 1999, a foreign national made an application for an immigrant visa as an investor and signed any document referred to in clause 1(v)(iii)(A) of Schedule X to the former Regulations, as that Schedule read immediately before that date, or, in the case of an investor in a province, either applied for a selection certificate under section 3.1 of An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time, or applied for an immigrant visa as an investor, and signed an investment agreement in accordance with the law of that province, the relevant provisions of the former Regulations respecting an applicant for an immigrant visa as an investor, an approved business, an investor in a province, a fund manager, an eligible business, an approved fund, a fund, an escrow agent, a privately administered venture capital fund or a government-administered venture capital fund continue to apply as they read immediately before April 1, 1999 to all persons governed by their application before that date.

Marginal note:Entrepreneurs

 For greater certainty, section 98 does not apply in respect of an entrepreneur within the meaning of subsection 2(1) of the former Regulations who was issued an immigrant visa under subparagraph 9(1)(b)(ii) or (c)(i) of those Regulations.

PART 21Repeals and Coming into Force

Repeals

Marginal note:Regulations repealed

 The following Regulations are repealed:

Coming into Force

Marginal note:Coming into force

  •  (1) These Regulations, except paragraph 117(1)(e), subsection 117(5) and paragraphs 259(a) and (f) come into force on June 28, 2002.

  • (2) [Repealed, SOR/2005-61, s. 9]

  • Marginal note:Exception

    (3) Paragraphs 259(a) and (f) come into force on December 31, 2003.

  • SOR/2003-97, s. 1
  • SOR/2004-34, s. 1
  • SOR/2005-61, s. 9

SCHEDULE 1(Section 2)Ports of Entry

DIVISION 1Ontario

  • 1 
    Ambassador Bridge, Windsor
  • 2 
    Detroit and Canada Tunnel, Windsor
  • 3 
    Fort Frances International Bridge, Fort Frances
  • 4 
    Hamilton International Airport, Hamilton
  • 5 
    Lansdowne (Thousand Islands Bridge), Lansdowne
  • 6 
    Lester B. Pearson International Airport, Mississauga
  • 7 
    Lewiston-Queenston Bridge, Queenston
  • 8 
    Peace Bridge, Fort Erie
  • 9 
    Pigeon River Border Crossing at Highway 61, Pigeon River
  • 10 
    Rainbow Bridge, Niagara Falls
  • 11 
    Rainy River International Bridge, Rainy River
  • 12 
    Sarnia Blue Water Bridge, Point Edward
  • 13 
    Sault Ste. Marie International Bridge, Sault Ste. Marie
  • 14 
    Seaway International Bridge, Cornwall
  • 15 
    Seaway Skyway International Bridge, Prescott
  • 16 
    Whirlpool Bridge, Niagara Falls

DIVISION 2Quebec

  • 1 
    Abercorn, Abercorn
  • 2 
    Armstrong, Saint-Théophile
  • 3 
    Beebe, Stanstead
  • 4 
    Chartierville, Chartierville
  • 5 
    Clarenceville, Clarenceville
  • 6 
    Dundee, Sainte-Agnès-de-Dundee
  • 7 
    East Hereford, East Hereford
  • 8 
    Frelighsburg, Frelighsburg
  • 9 
    Glen Sutton, Sutton
  • 10 
    Hemmingford, Hemmingford
  • 11 
    Herdman, Athelstan
  • 12 
    Hereford Road, Saint-Herménégilde
  • 13 
    Highwater, Highwater
  • 14 
    Lacolle Highway 15, Saint-Bernard-de-Lacolle
  • 15 
    Lacolle Highway 221, Notre-Dame Du Mont-Carmel
  • 16 
    Lacolle Highway 223, Notre-Dame Du Mont-Carmel
  • 17 
    Montreal International Airport, Dorval
  • 18 
    Montreal International Airport, Mirabel
  • 19 
    Noyan, Noyan
  • 20 
    Rock Island Highway 55, Stanstead
  • 21 
    Rock Island Highway 143, Stanstead
  • 22 
    Saint-Armand, Saint-Armand de Philipsburg
  • 23 
    Stanhope, Stanhope
  • 24 
    Trout River, Athelstan
  • 25 
    Woburn, Woburn

DIVISION 3New Brunswick

  • 1 
    Andover, Carlingford
  • 2 
    Campobello, Welshpool
  • 3 
    Centreville, Royalton
  • 4 
    Clair, Clair
  • 5 
    Edmundston, Edmundston
  • 6 
    Gillespie Portage, Gillespie Settlement
  • 7 
    Milltown, St. Stephen
  • 8 
    St. Croix, St. Croix
  • 9 
    Saint Leonard, Saint Leonard
  • 10 
    Woodstock Road, Belleville
  • 11 
    Grand Falls, Grand Falls

DIVISION 4Manitoba

  • 1 
    Boissevain, Boissevain
  • 2 
    Emerson West Lynne, Emerson
  • 3 
    Sprague, Sprague
  • 4 
    Winnipeg International Airport, Winnipeg

DIVISION 5British Columbia

  • 1 
    Boundary Bay, Delta
  • 2 
    Douglas, Surrey
  • 3 
    Huntingdon, Huntingdon
  • 4 
    Kingsgate, Kingsgate
  • 5 
    Osoyoos, Osoyoos
  • 6 
    Pacific Highway, Surrey
  • 7 
    Patterson, Rossland
  • 8 
    Roosville, Grasmere
  • 9 
    Stewart, Stewart
  • 10 
    Vancouver International Airport, Richmond
  • 11 
    Victoria International Airport, Sidney

DIVISION 6Saskatchewan

  • 1 
    North Portal, North Portal
  • 2 
    Regway, Regway

DIVISION 7Alberta

  • 1 
    Calgary International Airport, Calgary
  • 2 
    Coutts, Coutts
  • 3 
    Edmonton International Airport, Edmonton

DIVISION 8Yukon

  • 1 
    Beaver Creek, Beaver Creek
  • SOR/2004-167, s. 79

SCHEDULE 2(paragraph 148(2)(d) and section 149)

  • 1 
    Colombia
  • 2 
    El Salvador
  • 3 
    Guatemala
  • 4 
    Democratic Republic of Congo
  • 5 
    Sierra Leone
  • 6 
    Sudan
Date modified: