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

Marginal note:Order issued by Deputy Minister

323 An order issued by a Deputy Minister under subsection 105(1) of the former Act continues in force and the review of reasons for continued detention shall be made under the Immigration and Refugee Protection Act.

Marginal note:Release

324 A release from detention under the former Act is the ordering of release from detention under the Immigration and Refugee Protection Act and any terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Warrants

• 325 (1) A warrant for arrest and detention made under the former Act is a warrant for arrest and detention made under the Immigration and Refugee Protection Act.

• Marginal note:Detention orders

  (2) An order for the detention of a person made under the former Act is an order to detain made under the Immigration and Refugee Protection Act.

Marginal note:Danger to the public

• 326 (1) A claim to be a Convention refugee made by a person described in subparagraph 19(1)(c.1)(i) of the former Act in respect of whom the Minister was of the opinion under subparagraph 46.01(1)(e)(i) of the former Act that the person constitutes a danger to the public in Canada is deemed, if no determination was made by a senior immigration officer under section 45 of the former Act, to be a claim for refugee protection made by a person described in paragraph 101(2)(b) of the Immigration and Refugee Protection Act who is inadmissible and in respect of whom the Minister is of the opinion that the person is a danger to the public.

• Marginal note:Appeals

  (2) A person in respect of whom subsection 70(5) or paragraph 77(3.01)(b) of the former Act applied on the coming into force of this section is a person in respect of whom subsection 64(1) of the Immigration and Refugee Protection Act applies.

• Marginal note:Removal not prohibited

  (3) A person whose removal on the coming into force of this section was allowed by the application of paragraphs 53(1)(a) to (d) of the former Act is a person referred to in subsection 115(2) of the Immigration and Refugee Protection Act.

Marginal note:Certificates

327 A certificate determined to be reasonable under paragraph 40.1(4)(d) of the former Act is deemed to be a certificate determined to be reasonable under subsection 80(1) of the Immigration and Refugee Protection Act.

Marginal note:Permanent residents

• 328 (1) A person who was a permanent resident immediately before the coming into force of this section is a permanent resident under the Immigration and Refugee Protection Act.

• Marginal note:Returning resident permit

  (2) Any period spent outside Canada within the five years preceding the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

• Marginal note:Returning resident permit

  (3) Any period spent outside Canada within the two years immediately following the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

Marginal note:Visitors and permit holders

• 329 (1) Any of the following persons who were in Canada immediately before the coming into force of this section are temporary residents under the Immigration and Refugee Protection Act and are subject to its provisions:

  • (a) a visitor under the former Act; and

  • (b) a person issued a permit under section 37 of the former Act.

• Marginal note:Permits

  (2) A permit issued by the Minister under section 37 of the former Act is deemed to be a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act.

Marginal note:Examination

330 Any of the following persons who were in Canada immediately before the coming into force of this section are deemed to have been authorized under section 23 of the Immigration and Refugee Protection Act to enter Canada:

• (a) a person in respect of whom an examination remains incomplete and whose examination was adjourned and referred to another immigration officer for completion under subsection 12(3) of the former Act;

• (b) a person in respect of whom an examination remains incomplete and whose examination was deferred under paragraph 13(1)(a) of the former Act;

• (c) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 14(2)(b) of the former Act;

• (d) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 23(1)(b) of the former Act; and

• (e) a person who has made a claim to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section.

Marginal note:Performance bonds and security deposits

331 A performance bond posted or security deposited under the former Act that remains posted or deposited immediately before the coming into force of this section continues as a deposit or a guarantee under the Immigration and Refugee Protection Act and is governed by its provisions.

Marginal note:Seizures

332 A thing seized under the former Act continues to be seized on the coming into force of this section, and the seizure is governed by the provisions of the Immigration and Refugee Protection Act.

Marginal note:Debts

333 Any debt under subsection 118(3) of the former Act continues as a debt on the coming into force of this section and is governed by the provisions of the Immigration and Refugee Protection Act.

DIVISION 4Refugee and Humanitarian Resettlement Program

Marginal note:Applications for protection abroad

334 With the exception of subsection 140.3(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations, who made an application for admission under the former Act if the application is pending on the day on which this section comes into force and no visa has been issued to the applicant.

Marginal note:Family member

335 An applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act that has not been refused may add to their application at any time prior to their departure for Canada a person included in the definition family member in subsection 1(3).

Marginal note:Sponsorship agreements

336 A sponsorship agreement with the Minister made under the former Act and former Regulations does not cease to have effect for the sole reason of section 152 coming into force.

Marginal note:Sponsors

• 337 (1) Subject to subsections (2) and (3), a sponsor who made an undertaking within the meaning of paragraph (b) of the definition undertaking in subsection 2(1) of the former Regulations, or of the definition undertaking in subsection 1(1) of the Humanitarian Designated Classes Regulations, and in respect of whom an immigration officer was satisfied that the requirements of paragraph 7.1(2)(d) or 5(2)(d) of those Regulations, respectively, were met is deemed to be a sponsor whose application has been approved by an officer under section 154.

• Marginal note:Additional persons sponsored

  (2) Subsection (1) does not apply to a sponsor who requests that a person be added to their undertaking.

• Marginal note:Ineligibility to sponsor

  (3) Subsection (1) does not apply to a sponsor who is ineligible to be a party to a sponsorship under section 156.

DIVISION 5Refugee Protection

Marginal note:Refugee protection

338 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who

• (a) has been determined in Canada before the coming into force of this section to be a Convention refugee and

  • (i) no determination was made to vacate that determination, or

  • (ii) no determination was made that the person ceased to be a Convention refugee;

• (b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under

  • (i) section 7 of the former Regulations, or

  • (ii) section 4 of the Humanitarian Designated Classes Regulations; or

• (c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Marginal note:Rejection of a claim for refugee protection

339 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.

Marginal note:Ineligibility

340 A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division.

Marginal note:Withdrawal and abandonment

341 A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act.

Marginal note:Eligibility

342 A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force.

Marginal note:Redetermination of eligibility

343 Subject to section 191 of the Immigration and Refugee Protection Act, a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that

• (a) is referred under the Immigration and Refugee Protection Act to the Refugee Protection Division unless an officer gives notice under subsection 104(1) of that Act; and

• (b) is subject to the provisions of that Act.

Marginal note:Cessation of refugee protection

344 A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased.