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

Regulations are current to 2017-11-06 and last amended on 2017-10-24. Previous Versions

Marginal note:Temporal operation
  •  (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.

  • SOR/2004-217, s. 2.

DIVISION 3.1Claim for Refugee Protection — Time Limits

Documents and Information

Marginal note:Time limit — provision of documents and information to officer
  •  (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act.

  • Marginal note:Time limit — provision of documents and information to Refugee Protection Division

    (2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division.

  • Marginal note:Extension

    (3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit by the number of days that is necessary in the circumstances.

  • SOR/2012-252, s. 1.

Hearing Before Refugee Protection Division

Marginal note:Time limits for hearing
  •  (1) Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than

    • (a) in the case of a claimant referred to in subsection 111.1(2) of the Act,

      • (i) 30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and

      • (ii) 45 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and

    • (b) in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry.

  • Marginal note:Exclusion

    (2) If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day.

  • Marginal note:Exceptions

    (3) If the hearing cannot be held within the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) for any of the following reasons, the hearing must be held as soon as feasible after that time limit:

    • (a) for reasons of fairness and natural justice;

    • (b) because of a pending investigation or inquiry relating to any of sections 34 to 37 of the Act; or

    • (c) because of operational limitations of the Refugee Protection Division.

  • SOR/2012-252, s. 1.

Appeal to Refugee Appeal Division

Marginal note:Time limit for appeal
  •  (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act,

    • (a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and

    • (b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision.

  • Marginal note:Extension

    (2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances.

  • SOR/2012-252, s. 1.
Marginal note:Time limit for decision
  •  (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected.

  • Marginal note:Exception

    (2) If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible after that time limit.

  • SOR/2012-252, s. 1.

DIVISION 4Pre-Removal Risk Assessment

Marginal note:Application for protection
  •  (1) Subject to subsection (2) and for the purposes of subsection 112(1) of the Act, a person may apply for protection after they are given notification to that effect by the Department.

  • Marginal note:No notification

    (2) A person described in section 165 or 166 may apply for protection in accordance with that section without being given notification to that effect by the Department.

  • Marginal note:Notification

    (3) Notification shall be given

    • (a) in the case of a person who is subject to a removal order that is in force, before removal from Canada; and

    • (b) in the case of a person named in a certificate described in subsection 77(1) of the Act, when the summary of information and other evidence is filed under subsection 77(2) of the Act.

  • Marginal note:When notification is given

    (4) Notification is given

    • (a) when the person is given the application for protection form by hand; or

    • (b) if the application for protection form is sent by mail, seven days after the day on which it was sent to the person at the last address provided by them to the Department.

  • SOR/2008-193, s. 1;
  • SOR/2009-290, s. 3(F).
 
Date modified: