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

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

Marginal note:Interpretation — member of a crew
  •  (1) For the purposes of these Regulations,

    • (a) member of a crew means a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew, but does not include

      • (i) any person whose fare is waived in exchange for work to be performed during the voyage or trip,

      • (ii) any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada,

      • (iii) any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or members of the crew, or

      • (iv) any in-flight security officer; and

    • (b) a person ceases to be a member of a crew if

      • (i) they have deserted;

      • (ii) an officer believes on reasonable grounds that they have deserted;

      • (iii) they have been hospitalized and have failed to return to the means of transportation or leave Canada after leaving the hospital, or

      • (iv) they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties.

  • Marginal note:Interpretation — adoption

    (2) For the purposes of these Regulations, adoption, for greater certainty, means an adoption that creates a legal parent-child relationship and severs the pre-existing legal parent-child relationship.

  • SOR/2004-167, s. 2;
  • SOR/2010-253, s. 2.

DIVISION 2Family Relationships

Marginal note:Bad faith
  •  (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

    • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

    • (b) is not genuine.

  • Marginal note:Adopted children

    (2) A foreign national shall not be considered an adopted child of a person if the adoption

    • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

    • (b) did not create a genuine parent-child relationship.

  • Marginal note:Sponsorship of adopted children

    (3) Subsection (2) does not apply to adoptions referred to in paragraph 117(1)(g) and subsections 117(2) and (4).

  • SOR/2004-167, s. 3(E);
  • SOR/2010-208, s. 1.
Marginal note:New relationship

 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

  • SOR/2004-167, s. 4.
Marginal note:Excluded relationships

 For the purposes of these Regulations, a foreign national shall not be considered

  • (a) the spouse or common-law partner of a person if the foreign national is under the age of 18 years;

  • (b) the spouse of a person if

    • (i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

    • (ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person; or

  • (c) the spouse of a person if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.

  • SOR/2015-139, s. 1.

PART 2General Requirements

DIVISION 1Documents Required Before Entry

Marginal note:Permanent resident

 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.

Marginal note:Temporary resident
  •  (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who

    • (a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;

    • (b) holds a temporary resident permit issued under subsection 24(1) of the Act; or

    • (c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada.

  • Marginal note:When certificat d’acceptation du Québec required

    (3) In addition to any visa required under this section, a foreign national who is seeking to enter and remain in Canada on a temporary basis to receive medical treatment in the Province of Quebec must hold a certificat d’acceptation du Québec if the laws of that Province require the foreign national to hold that document.

Marginal note:Nationals of certain countries
  •  (1) Despite subsection 7(1), a foreign national who is a citizen of one of the following countries and who is seeking to enter Canada by air may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa or an electronic travel authorization:

  • Marginal note:Application for electronic travel authorization — conditions

    (2) A foreign national referred to in subsection (1) may only make an application for an electronic travel authorization if they

    • (a) have held a temporary resident visa at any time during the 10-year period immediately preceding the day on which they make their application; or

    • (b) hold a valid United States nonimmigrant visa on the day on which they make their application.

  • SOR/2017-53, s. 1.
Marginal note:Electronic travel authorization
  •  (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who is seeking to enter Canada by air to remain on a temporary basis is, nevertheless, required to obtain an electronic travel authorization before entering Canada, unless they are exempted by subsection (3) from the requirement to obtain one.

  • Marginal note:Holder of temporary resident visa

    (2) Subsection (1) does not apply to a foreign national who holds a temporary resident visa.

  • Marginal note:Exempt persons

    (3) The following persons are exempt from the requirement to obtain an electronic travel authorization:

    • (a) Her Majesty in right of Canada and any member of the Royal Family;

    • (b) a national of the United States;

    • (c) a foreign national referred to in paragraph 190(2)(a);

    • (d) a foreign national seeking to enter and remain in Canada solely

      • (i) as a member of a crew of a means of transportation that may be used for transportation by air or to become a member of such a crew, or

      • (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation that may be used for transportation by air, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

    • (e) a citizen of France who is a resident of St. Pierre and Miquelon who seeks to enter Canada directly from St. Pierre and Miquelon; and

    • (f) a foreign national referred to in any of paragraphs 190(3)(b), (b.1), (c), (d), (f), (g) or (h).

  • SOR/2015-77, s. 2;
  • SOR/2017-53, s. 2.
 
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