Immigration and Refugee Protection Regulations (SOR/2002-227)

DIVISION 6Cancellation of Visas or Other Documents

Marginal note:Clarification

13.3 For greater certainty, nothing in these Regulations affects any other lawful authority to cancel a visa or any other document, including an electronic travel authorization, temporary resident visa, work permit and study permit.

PART 3Inadmissibility

DIVISION 1Determination of Inadmissibility

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

14 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

15 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 paragraph 35(1)(b) of the Act

16 For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official 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:Application of paragraphs 37(1)(a) and (b) of the Act

16.1 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 37(1)(a) or (b) of the Act, if either of the following decisions has been rendered, the findings of fact set out in that decision shall be considered as conclusive findings of fact:

• (a) a decision by a Canadian court under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code concerning the foreign national or permanent resident; or

• (b) a sentencing decision by a Canadian court concerning the foreign national or permanent resident, made in accordance with the principle set out under subparagraph 718.2(a)(iv) of the Criminal Code.

Marginal note:Prescribed period

17 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

• 18 (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, other than the one for which they have been convicted;

  • (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.

Marginal note:Prescribed class

• 18.1 (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.

Marginal note:Transborder criminality

• 19 (1) For the purposes of subsection 36(2.1) of the Act, the prescribed offences are

  • (a) any indictable offence under the Criminal Code;

  • (b) any indictable offence under the Immigration and Refugee Protection Act;

  • (c) any offence under section 106, 107 or 110 of the Firearms Act;

  • (d) any offence under subsection 159(1) of the Customs Act with respect to the following goods:

    • (i) child pornography, as defined in subsection 163.1(1) of the Criminal Code,

    • (ii) an automatic firearm, imitation firearm, non-restricted firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm or restricted weapon, as those terms are defined in subsection 84(1) of the Criminal Code,

    • (iii) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act or a device listed in Schedule IX of that Act, or

    • (iv) cannabis, as defined in subsection 2(1) of the Cannabis Act;

  • (e) any offence under subsection 160(1) of the Customs Act that is

    • (i) a contravention of section 12 of that Act with respect to the following goods:

      • (A) child pornography, as defined in subsection 163.1(1) of the Criminal Code,

      • (B) an automatic firearm, imitation firearm, non-restricted firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm or restricted weapon, as those terms are defined in subsection 84(1) of the Criminal Code, or

      • (C) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act, or

    • (ii) a contravention of section 156 of the Customs Act;

  • (f) any offence under section 4, 5, 6 or 7.1 of the Controlled Drugs and Substances Act or any offence under section 46 of that Act that is a contravention of subsection 46.3(1) of that Act; and

  • (g) any offence under Division 1 of Part 1 of the Cannabis Act, except an offence under section 12 of that Act.

• Marginal note:Punishable by way of indictment

  (2) For the purposes of paragraphs (1)(a) and (b), 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:Inadmissibility on health grounds

• 20 (1) An officer shall determine that a foreign national is inadmissible on health grounds if the officer determines that the foreign national’s health condition is likely to be a danger to public health or public safety or, except for a foreign national referred to in subsection 38(2) of the Act, might reasonably be expected to cause excessive demand.

• Marginal note:Danger to public health or public safety

  (2) Before determining that the foreign national’s health condition is likely to be a danger to public health or public safety, the officer shall consider any opinions of an officer who is assessing the foreign national’s health condition.

• Marginal note:Excessive demand

  (3) Before determining that the foreign national’s health condition might reasonably be expected to cause excessive demand, the officer shall consider

  • (a) any opinions of an officer who is assessing the foreign national’s health condition; and

  • (b) any relevant non-medical factors, including

    • (i) the foreign national’s intent and financial ability to mitigate any excessive demand, and

    • (ii) the feasibility of a mitigation plan, if any, submitted by the foreign national.