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

Regulations are current to 2015-05-11 and last amended on 2015-05-01. Previous Versions

Marginal note:Joint assistance sponsorship
  •  (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

 If the foreign national and their family members intend to reside in the Province of Quebec, the sponsor must meet the requirements for sponsorship that are provided by regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. In such a case, the requirements of this Division, other than section 156, do not apply.

  • SOR/2004-167, s. 80(F).

Division 3Determination of Eligibility of Claim

Marginal note:Working day

 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:Definitions

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

“Agreement”

« Accord »

“Agreement” means the Agreement dated 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.

“claimant”

« demandeur »

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

“designated country”

« pays désigné »

“designated country” means a country designated by section 159.3.

“family member”

« membre de la famille »

“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.

“legal guardian”

« tuteur légal »

“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.

“United States”

« États-Unis »

“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.

  • SOR/2004-217, s. 2.