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

Regulations are current to 2014-12-08 and last amended on 2014-11-22. Previous Versions

Marginal note:Non-application — former habitual residence

 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence.

  • SOR/2004-217, s. 2.
Marginal note:Designation — United States

 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act.

  • SOR/2004-217, s. 2.
Marginal note:Non-application — ports of entry other than land ports of entry
  •  (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at

    • (a) a location that is not a port of entry;

    • (b) a port of entry that is a harbour port, including a ferry landing; or

    • (c) subject to subsection (2), a port of entry that is an airport.

  • Marginal note:In transit exception

    (2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.

  • SOR/2004-217, s. 2.
Marginal note:Non-application — claimants at land ports of entry

 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that

  • (a) a family member of the claimant is in Canada and is a Canadian citizen;

  • (b) a family member of the claimant is in Canada and is

    • (i) a protected person within the meaning of subsection 95(2) of the Act,

    • (ii) a permanent resident under the Act, or

    • (iii) a person in favour of whom a removal order has been stayed in accordance with section 233;

  • (c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless

    • (i) the claim has been withdrawn by the family member,

    • (ii) the claim has been abandonned by the family member,

    • (iii) the claim has been rejected, or

    • (iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection;

  • (d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than

    • (i) a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or

    • (ii) a study permit that has become invalid as a result of the application of section 222;

  • (e) the claimant is a person who

    • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian,

    • (ii) has neither a spouse nor a common-law partner, and

    • (iii) has neither a mother or father nor a legal guardian in Canada or the United States;

  • (f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,

    • (i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,

    • (ii) a temporary resident permit issued under subsection 24(1) of the Act,

    • (iii) a travel document referred to in subsection 31(3) of the Act,

    • (iv) refugee travel papers issued by the Minister of Foreign Affairs, or

    • (v) a temporary travel document referred to in section 151;

  • (g) the claimant is a person

    • (i) who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and

    • (ii) who would, if the claimant were entering the United States, be required to hold a visa; or

  • (h) the claimant is

    • (i) a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or

    • (ii) a permanent resident who has been ordered removed from the United States and is being returned to Canada.

  • SOR/2004-217, s. 2;
  • SOR/2009-290, s. 2(E).