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

Regulations are current to 2013-04-29

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 ActFootnote a and paragraphs 19(1)(a)Footnote b and 19.1(a)Footnote 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 1

INTERPRETATION AND APPLICATION

Division 1

Interpretation

Marginal note:Definitions

  • 1. (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.

    “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 under paragraph 16(2)(b) of the Act, 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.

    “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.

    “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.

    “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.

    “studies”

    « études »

    “studies” means studies undertaken at a university or college, or any course of academic, professional or vocational training.

    “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.

  • 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);
  • SOR/2012-154, s. 1.
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