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

Regulations are current to 2014-07-22 and last amended on 2014-06-20. Previous Versions

Marginal note:Non-application — claimants at land ports of entry and in transit

 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes, in accordance with subsection 100(4) of the Act, that the claimant

  • (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or

  • (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country.

  • (c[Repealed, SOR/2009-210, s. 1]

  • SOR/2004-217, s. 2;
  • SOR/2009-210, s. 1.
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.