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

Regulations are current to 2013-04-29

Marginal note:Public health

31. Before concluding whether a foreign national's health condition is likely to be a danger to public health, an officer who is assessing the foreign national's health condition shall consider

  • (a) any report made by a health practitioner or medical laboratory with respect to the foreign national;

  • (b) the communicability of any disease that the foreign national is affected by or carries; and

  • (c) the impact that the disease could have on other persons living in Canada.

Marginal note:Conditions

32. In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any foreign national who is required to submit to a medical examination under paragraph 16(2)(b) of the Act:

  • (a) to report at the specified times and places for medical examination, surveillance or treatment; and

  • (b) to provide proof, at the specified times and places, of compliance with the conditions imposed.

  • SOR/2012-154, s. 4.
Previous Version
Marginal note:Public safety

33. Before concluding whether a foreign national's health condition is likely to be a danger to public safety, an officer who is assessing the foreign national's health condition shall consider

  • (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

  • (b) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada.

Marginal note:Excessive demand

34. Before concluding whether a foreign national's health condition might reasonably be expected to cause excessive demand, an officer who is assessing the foreign national's health condition shall consider

  • (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

  • (b) any condition identified by the medical examination.

Marginal note:Transit

  • 35. (1) Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada:

    • (a) in airports where there are United States' in-transit preclearance facilities, in-transit preclearance passengers; and

    • (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area.

  • Marginal note:Obligatory examination

    (2) Any person seeking to leave a sterile transit area must appear immediately for examination.