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

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Regulations are current to 2012-01-24 and last amended on 2011-11-17. Previous Versions

3. (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.

(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.
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Division 2

Family Relationships

4. (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.

(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.

(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.
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