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

Regulations are current to 2017-10-13 and last amended on 2017-06-27. Previous Versions

Marginal note:Designation of unreliable travel documents
  •  (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.

  • Marginal note:Factors

    (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:

    • (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and

    • (b) information respecting the security or integrity of the process leading to the issuance of the passport or document.

  • Marginal note:Effect of designation

    (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).

  • Marginal note:Public notice

    (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).

  • SOR/2010-54, s. 2.
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 issued by the United Kingdom to a British Overseas Citizen;

    • (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

    • (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

    • (j) a passport issued by the United Kingdom to a British Subject.

  • (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.

  • (3) [Repealed, SOR/2010-54, s. 3]

  • SOR/2003-197, s. 1;
  • SOR/2003-260, s. 1;
  • SOR/2004-167, s. 14(F);
  • SOR/2010-54, s. 3;
  • SOR/2010-195, s. 2(F);
  • SOR/2011-125, s. 2.

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, or

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

    • (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;
  • SOR/2015-46, s. 1.
 
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