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

Regulations are current to 2016-08-01 and last amended on 2016-06-13. Previous Versions

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 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. (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

    student[Repealed, SOR/2014-14, s. 1]

    studies

    studies[Repealed, SOR/2014-14, s. 1]

    study permit

    study permit[Repealed, SOR/2014-14, s. 1]

  • 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 paragraph 7.1(3)(a) and 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;
  • SOR/2014-14, s. 1;
  • SOR/2014-140, s. 1(F);
  • SOR/2015-77, s. 1.

Definition of agent — section 148 of the Act

  •  (1) For the purposes of section 148 of the Act, agent includes any person — whether or not an independent contractor — who provides services as a representative of a vehicle owner, operator or charterer.

  • Definition of agent — paragraph 148(1)(d) of the Act

    (2) For the purposes of paragraph 148(1)(d) of the Act, agent includes, in addition to a person referred to in subsection (1), a charterer and an owner or operator of a reservation system.

  • SOR/2016-37, s. 1.
Marginal note:Interpretation

 The definitions in this section apply in these Regulations.

Act

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

administration fee

administration fee means a portion of the average cost 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

agent[Repealed, SOR/2016-37, s. 2]

authorized representative

authorized representative[Repealed, SOR/2011-129, s. 1]

Canadian citizen

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

Canadian Language Benchmarks

Canadian Language Benchmarks means, for the English language, the Canadian Language Benchmarks: English as a Second Language for Adults developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Canadian Language Benchmarks)

commercial transporter

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

commercial vehicle

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

conjugal partner

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

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

dependent child

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 19 years of age and is not a spouse or common-law partner, or

    • (ii) is 19 years of age or older and has depended substantially on the financial support of the parent since before the age of 19 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

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

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

in-flight security officer

in-flight security officer means a person who is on board a commercial passenger aircraft and whose duty it is to protect the passengers and the members of the crew as well as the aircraft itself. (agent de sécurité aérien)

in-transit passenger

in-transit passenger means a person who arrives by aircraft at a Canadian airport from another 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

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

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

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

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

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

National Occupational Classification

National Occupational Classification means the National Occupational Classification developed by the Department of Employment and Social Development and Statistics Canada, as amended from time to time. (Classification nationale des professions)

Niveaux de compétence linguistique canadiens

Niveaux de compétence linguistique canadiens means, for the French language, the Niveaux de compétence linguistique canadiens : français langue seconde pour adultes developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Niveaux de compétence linguistique canadiens)

officer

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

port of entry

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

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

social assistance

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

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)

study permit

study permit means a written authorization to engage in academic, professional, vocational or other education or training in Canada that is issued by an officer to a foreign national. (permis d’études)

time of departure

time of departure means

  • (a) in the case of a commercial vehicle that carries persons or goods by air, the time of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and

  • (b) in the case of a commercial vehicle that carries persons or goods by water or land, the time of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (moment du départ)

transporter

transporter means

  • (a) a person who owns, operates, charters or manages a vehicle or fleet of vehicles;

  • (b) a person who owns or operates an international tunnel or bridge;

  • (c) a designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act; or

  • (d) an agent for a person or authority referred to in paragraphs (a) to (c). (transporteur)

vehicle

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

vessel

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

work

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

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;
  • SOR/2010-172, s. 5;
  • SOR/2010-253, s. 1;
  • SOR/2011-129, s. 1;
  • SOR/2012-274, s. 1;
  • 2013, c. 40, s. 237;
  • SOR/2014-14, s. 2;
  • SOR/2014-133, s. 1;
  • SOR/2014-140, s. 2(F);
  • SOR/2016-37, s. 2;
  • SOR/2016-136, s. 1(E).
 
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