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

Marginal note:Approval of application

• 154 (1) An officer shall approve an application referred to in paragraph 153(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that

  • (a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 157(1) applies; and

  • (b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement.

• Marginal note:Duration of sponsor’s undertaking

  (2) Subject to subsection (3), the duration of an undertaking is one year.

• Marginal note:Officer’s determination

  (3) An officer may, on the basis of the assessment made under paragraph 139(1)(g), require that the duration of the undertaking be more than one year but not more than three years.

Marginal note:Revoking approval

155 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1).

Marginal note:Ineligibility to be a party to a sponsorship

• 156 (1) The following persons are ineligible to be a party to a sponsorship:

  • (a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence;

  • (b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person’s sentence imposed under a foreign law;

  • (c) a person who is in default of any support payment obligations ordered by a court;

  • (d) a person who is subject to a removal order;

  • (e) a person who is subject to a revocation proceeding under the Citizenship Act; and

  • (f) a person who is detained in any penitentiary, jail, reformatory or prison.

• Marginal note:Exception if pardoned

  (2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.

Marginal note:Joint assistance sponsorship

• 157 (1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial assistance of the Government of Canada available for the purpose of sponsorship. A sponsor identified by the Department is exempt from the financial requirements of paragraph 154(1)(a).

• Marginal note:Definition of special needs

  (2) In this section, special needs means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including

  • (a) a large number of family members;

  • (b) trauma resulting from violence or torture;

  • (c) medical disabilities; and

  • (d) the effects of systemic discrimination.

Marginal note:Settlement in the Province of Quebec

158 If the foreign national and their family members intend to reside in the province of Quebec, the sponsor must meet the requirements for sponsorship under the Québec Immigration Regulation, CQLR, c. I-0.2.1, r. 3, as amended from time to time. In such a case, the requirements of this Division, other than section 156, do not apply.

DIVISION 3Determination of Eligibility of Claim

Marginal note:Working day

159 For the purposes of subsections 100(1) and (3) of the Act,

• (a) a working day does not include Saturdays or holidays;

• (b) a day that is not a working day is not included in the calculation of the three-day period; and

• (c) the three-day period begins from the day on which the claim is received.

Marginal note:Definition of prior claim

159.01 For the purposes of paragraph 101(1)(c) of the Act, prior claim means a claim for refugee protection that was made under section 99 of the Act, other than a claim that was determined to be ineligible to be referred to the Refugee Protection Division under paragraph 101(1)(e) of the Act if the foreign national who made that claim is subsequently seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there.

Marginal note:Definitions

159.1 The following definitions apply in this section and sections 159.2 to 159.7.

Agreement

Agreement means the Agreement done at Washington, D.C. on December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, including any modifications or additions made in accordance with its terms. (Accord)

claimant

claimant means a claimant referred to in paragraph 101(1)(e) of the Act. (demandeur)

designated country

designated country means a country designated by section 159.3. (pays désigné)

family member

family member, in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. (membre de la famille)

legal guardian

legal guardian, in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur légal)

stateless person

stateless person means a person who is not considered a national by any state under the operation of its law. (apatride)

United States

United States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. (États-Unis)

Marginal note:Non-application — former habitual residence

159.2 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence.

Marginal note:Designation — United States

159.3 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act.

Marginal note:Non-application — ports of entry other than land ports of entry

• 159.4 (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at

  • (a) subject to subsection (1.1), a location that is not a port of entry;

  • (b) a port of entry that is a harbour port, including a ferry landing; or

  • (c) subject to subsection (2), a port of entry that is an airport.

• Marginal note:Exception — land border other than ports of entry

  (1.1) Paragraph 101(1)(e) of the Act applies to a claimant who enters Canada at a location along the Canada – United States land border — including the waters along or across that border — that is not a port of entry and makes a claim for refugee protection less than 14 days after the day on which the claimant enters Canada unless the claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant.

• Marginal note:In transit exception

  (2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.

Marginal note:Non-application — claimants at land ports of entry

159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes that

• (a) a family member of the claimant is in Canada and is a Canadian citizen;

• (b) a family member of the claimant is in Canada and is

  • (i) a protected person within the meaning of subsection 95(2) of the Act,

  • (ii) a permanent resident under the Act, or

  • (iii) a person in favour of whom a removal order has been stayed in accordance with section 233;

• (c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless

  • (i) the claim has been withdrawn by the family member,

  • (ii) the claim has been abandoned by the family member,

  • (iii) the claim has been rejected, or

  • (iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection;

• (d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than

  • (i) a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or

  • (ii) a study permit that has become invalid as a result of the application of section 222;

• (e) the claimant is a person who

  • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian,

  • (ii) has neither a spouse nor a common-law partner, and

  • (iii) has neither a mother or father nor a legal guardian in Canada or the United States;

• (f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,

  • (i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,

  • (ii) a temporary resident permit issued under subsection 24(1) of the Act,

  • (iii) a travel document referred to in subsection 31(3) of the Act,

  • (iv) refugee travel papers issued by the Minister, or

  • (v) a temporary travel document referred to in section 151;

• (g) the claimant is a person

  • (i) who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and

  • (ii) who would, if the claimant were entering the United States, be required to hold a visa; or

• (h) the claimant is

  • (i) a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or

  • (ii) a permanent resident who has been ordered removed from the United States and is being returned to Canada.

Marginal note:Non-application — claimants at land ports of entry and in transit

159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes that the claimant

• (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or

• (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country.

• (c) [Repealed, SOR/2009-210, s. 1]

Marginal note:Temporal operation

• 159.7 (1) For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if

  • (a) a notice of suspension of the Agreement setting out the period of suspension is publicized broadly in the various regions of Canada by the Minister via information media and on the website of the Department;

  • (b) a notice of renewal of the suspension of the Agreement setting out the period of renewal of suspension is published in accordance with subsection (6);

  • (c) a notice of suspension of a part of the Agreement is issued by the Government of Canada and the Government of the United States; or

  • (d) a notice of termination of the Agreement is issued by the Government of Canada or the Government of the United States.

• Marginal note:Paragraph (1)(a) — notice of suspension of Agreement

  (2) Subject to subsection (3), if a notice of suspension of the Agreement is publicized under paragraph (1)(a), sections 159.2 to 159.6 are rendered inoperative for a period of up to three months that shall be set out in the notice, which period shall begin on the day after the day on which the notice is publicized.

• Marginal note:Paragraph (1)(b) — notice of renewal of suspension of Agreement

  (3) If a notice of renewal of the suspension of the Agreement is published under paragraph (1)(b), sections 159.2 to 159.6 are rendered inoperative for the further period of up to three months set out in the notice.

• Marginal note:Paragraph (1)(c) — suspension of part of Agreement

  (4) If a notice of suspension of part of the Agreement is issued under paragraph (1)(c), those provisions of these Regulations relating to the application of the Agreement that are referred to in the notice are rendered inoperative for a period that shall be set out in the notice. All other provisions of these Regulations continue to apply.

• Marginal note:Paragraph (1)(d) — termination of Agreement

  (5) If a notice of termination of the Agreement is issued under paragraph (1)(d), sections 159.1 to 159.6 and this section cease to have effect on the day set out in the notice.

• Marginal note:Publication requirement — Canada Gazette

  (6) Any notice referred to in paragraph (1)(b), (c) or (d) shall be published in the Canada Gazette, Part I, not less than seven days before the day on which the renewal, suspension in part or termination provided for in the notice is effective.