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

Regulations are current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

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).