Marginal note:Exception to excessive demand

24. For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

• (a) in respect of the sponsor, their conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or

• (b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.

Marginal note:When unenforced removal order

25. A visa shall not be issued to a foreign national who is subject to an unenforced removal order.

Marginal note:Designation of ports of entry

26. The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry's dates and hours of operation:

• (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration;

• (b) the need for the Department's services in that area;

• (c) the operational requirements of commercial transporters; and

• (d) administrative arrangements with other departments or agencies of the Government of Canada.

Marginal note:Obligation on entry

• 27. (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry.

• Marginal note:Seeking entry at a place other than a port of entry

  (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place.

• Marginal note:Refused entry elsewhere

  (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.

Marginal note:Examination

28. For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by

• (a) submitting an application in writing;

• (b) seeking to enter Canada;

• (c) seeking to transit through Canada as provided in section 35; or

• (d) making a claim for refugee protection.

Marginal note:Medical examination

29. For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:

• (a) physical examination;

• (b) mental examination;

• (c) review of past medical history;

• (d) laboratory test;

• (e) diagnostic test; and

• (f) medical assessment of records respecting the applicant.