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

Marginal note:Retention and disposal of information

• 315.43 (1) The Minister must retain or dispose of any information obtained in response to a query in accordance with the laws of Canada.

• Marginal note:Destruction of fingerprints

  (2) The Minister must, immediately after completion of the information search triggered by the receipt of a query, destroy any fingerprints submitted as part of the query, regardless of whether a match is identified.

PART 20Transitional Provisions

DIVISION 1Interpretation

Marginal note:Definitions

• 316 (1) The definitions in this subsection apply in this Part.

  former Regulations

  former Regulations means the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172. (ancien règlement)

  Humanitarian Designated Classes Regulations

  Humanitarian Designated Classes Regulations means the Humanitarian Designated Classes Regulations , as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183. (Règlement sur les catégories d’immigrants précisées pour des motifs d’ordre humanitaire)

  Immigration Act Fees Regulations

  Immigration Act Fees Regulations means the Immigration Act Fees Regulations, as enacted by Order in Council P.C. 1996-2003 dated December 19, 1996 and registered as SOR/97-22. (Règlement sur les prix à payer — Loi sur l’immigration)

  Refugee Claimants Designated Class Regulations

  Refugee Claimants Designated Class Regulations means the Refugee Claimants Designated Class Regulations, as enacted by Order in Council P.C. 1989-2517 dated December 21, 1989 and registered as SOR/90-40. (Règlement sur la catégorie admissible de demandeurs du statut de réfugié)

• Interpretation — former Act

  (2) For greater certainty, in this Part former Act has the same meaning as in section 187 of the Immigration and Refugee Protection Act.

• Marginal note:Interpretation — Immigration and Refugee Protection Act

  (3) A reference in this Part to the Immigration and Refugee Protection Act includes the regulations and rules made under it.

DIVISION 2General Provisions

Marginal note:Decisions and orders made under former Act

• 317 (1) A decision or order made under the former Act that is in effect immediately before the coming into force of this section continues in effect after that coming into force.

• Marginal note:Documents issued under former Act

  (2) A document, including a visa, that is issued under the former Act and is valid immediately before the coming into force of this section continues to be valid after that coming into force.

DIVISION 3Enforcement

Marginal note:Terms and conditions

318 Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Removal order

• 319 (1) Subject to subsection (2), a removal order made under the former Act that was unexecuted on the coming into force of this section continues in force and is subject to the provisions of the Immigration and Refugee Protection Act.

• Marginal note:Stay of removal

  (2) The execution of a removal order that had been stayed on the coming into force of this section under paragraphs 49(1)(c) to (f) of the former Act continues to be stayed until the earliest of the events described in paragraphs 231(1)(a) to (e).

• Marginal note:Exception

  (3) Subsection (2) does not apply if

  • (a) the subject of the removal order was determined by the Convention Refugee Determination Division not to have a credible basis for their claim; or

  • (b) the subject of the removal order

    • (i) is subject to a removal order because they are inadmissible on grounds of serious criminality, or

    • (ii) resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act on their entry into Canada.

• Marginal note:Conditional removal order

  (4) A conditional removal order made under the former Act continues in force and is subject to subsection 49(2) of the Immigration and Refugee Protection Act.

• Marginal note:Executed removal order

  (5) Section 52 of the Immigration and Refugee Protection Act applies to a person who immediately before the coming into force of this section was outside Canada after a removal order was executed against them.

Marginal note:Inadmissibility — security grounds

• 320 (1) A person is inadmissible under the Immigration and Refugee Protection Act on security grounds if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act.

• Marginal note:Violating human or international rights

  (2) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of violating human or international rights if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(j) or (l) of the former Act.

• Marginal note:Paragraph 19(1)(l) of the former Act

  (2.1) For greater certainty, an opinion of the Minister under paragraph 19(1)(l) of the former Act continues as an opinion of the Minister under paragraph 35(1)(b) of the Immigration and Refugee Protection Act.

• Marginal note:Serious criminality

  (3) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c) or (c.1) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(a.1) of the former Act.

• Marginal note:Criminality

  (4) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(2)(a), (a.1) or (b) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act.

• Marginal note:Paragraph 27(1)(d) of former Act

  (5) A person who on the coming into force of this section had been determined to be inadmissible on the basis of paragraph 27(1)(d) of the former Act is

  • (a) inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed; or

  • (b) inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years.

• Marginal note:Organized crime

  (6) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of organized criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act.

• Marginal note:Health grounds

  (7) A person — other than 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 — is inadmissible under the Immigration and Refugee Protection Act on health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act.

• Marginal note:Financial reasons

  (8) A person is inadmissible under the Immigration and Refugee Protection Act for financial reasons if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(b) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(f) or (2)(l) of the former Act.

• Marginal note:Misrepresentation

  (9) A person is inadmissible under the Immigration and Refugee Protection Act for misrepresentation if, on the coming into force of this section, the person had been determined to be inadmissible on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act.

• Marginal note:Failing to comply

  (10) A person is inadmissible under the Immigration and Refugee Protection Act for failing to comply with that Act if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act.