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

Marginal note:Medical examination

29 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:

• (a) physical examination;

• (b) mental examination;

• (c) review of past medical history;

• (d) laboratory test;

• (e) diagnostic test; and

• (f) medical assessment of records respecting the applicant.

Marginal note:Exemptions from medical examination requirement

• 30 (1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are exempt from the requirement to submit to a medical examination:

  • (a) foreign nationals other than

    • (i) subject to paragraph (g), foreign nationals who are applying for a permanent resident visa or applying to remain in Canada as a permanent resident, as well as their family members, whether accompanying or not,

    • (ii) foreign nationals who are seeking to work in Canada in an occupation in which the protection of public health is essential,

    • (iii) foreign nationals who

      • (A) are seeking to enter Canada or applying for renewal of their work or study permit or authorization to remain in Canada as a temporary resident for a period in excess of six consecutive months, including an actual or proposed period of absence from Canada of less than 14 days, and

      • (B) have resided or stayed for a period of six consecutive months, at any time during the one-year period immediately preceding the date that they sought entry or made their application, in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada,

    • (iv) foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act,

    • (v) foreign nationals who claim refugee protection in Canada, and

    • (vi) foreign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection 112(1) of the Act, other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected;

  • (b) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

  • (c) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

  • (d) a member of the armed forces of a country that is a designated state as defined in the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

  • (e) a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident; and

  • (f) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada.

  • (g) [Repealed, SOR/2017-78, s. 3]

• Marginal note:Subsequent examination

  (2) Every foreign national who has undergone a medical examination as required under paragraph 16(2)(b) of the Act must submit to a new medical examination before entering Canada if, after being authorized to enter and remain in Canada, they have resided or stayed for a total period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

• Marginal note:Medical certificate

  (3) Every foreign national who must submit to a medical examination, as required under paragraph 16(2)(b) of the Act, and who seeks to enter Canada must hold a medical certificate — based on the most recent medical examination to which they were required to submit under that paragraph and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.

Marginal note:Public health

31 Before opining whether a foreign national’s health condition is likely to be a danger to public health, an officer who is assessing the foreign national’s health condition shall consider

• (a) any report made by a health practitioner or medical laboratory with respect to the foreign national;

• (b) the communicability of any disease that the foreign national is affected by or carries; and

• (c) the impact that the disease could have on other persons living in Canada.

Marginal note:Conditions

32 In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any foreign national who is required to submit to a medical examination under paragraph 16(2)(b) of the Act:

• (a) to report at the specified times and places for medical examination, surveillance or treatment; and

• (b) to provide proof, at the specified times and places, of compliance with the conditions imposed.

Marginal note:Public safety

33 Before opining whether a foreign national’s health condition is likely to be a danger to public safety, an officer who is assessing the foreign national’s health condition shall consider

• (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

• (b) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada.

Marginal note:Excessive demand

• 34 (1) An officer who is assessing a foreign national’s health condition shall analyze all relevant medical factors that apply to a determination of whether the foreign national’s health condition might reasonably be expected to cause excessive demand and shall prepare an opinion based on their analysis.

• Marginal note:Medical factors

  (2) Medical factors referred to in subsection (1) include

  • (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national;

  • (b) any condition identified by a medical examination required under paragraph 16(2)(b) of the Act;

  • (c) the availability of and anticipated costs for health services and social services arising from the foreign national’s health status; and

  • (d) a consideration of whether a mitigation plan, if any, submitted by the foreign national would provide for appropriate treatment for the health condition and would be permitted under the rules regulating the delivery of health care in Canada.

• Marginal note:Non-medical factors

  (3) The officer shall not consider non-medical factors, including

  • (a) the foreign national’s intent and financial ability to mitigate any excessive demand; and

  • (b) the feasibility of a mitigation plan, if any, submitted by the foreign national.

Marginal note:Transit

• 35 (1) Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada:

  • (a) in airports where there are United States’ in-transit preclearance facilities, in-transit preclearance passengers; and

  • (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area.

• Marginal note:Obligatory examination

  (2) Any person seeking to leave a sterile transit area must appear immediately for examination.

Marginal note:Actions not constituting a complete examination

36 An inspection carried out aboard a means of transportation bringing persons to Canada or the questioning of persons embarking on or disembarking from a means of transportation, or the examination of any record or document respecting such persons before they appear for examination at a port of entry, is part of an examination but does not constitute a complete examination.

Marginal note:End of examination

• 37 (1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when

  • (a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;

  • (b) if the person is an in-transit passenger, the person departs from Canada;

  • (c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or

  • (d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.

• Marginal note:End of examination — claim for refugee protection

  (2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs:

  • (a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act;

  • (b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry.

Alternative Means of Examination

Marginal note:Means

38 For the purposes of subsection 18(1) of the Act, the following persons may — unless otherwise directed by an officer — be examined by the means indicated as alternative to appearing for an examination by an officer at a port of entry:

• (a) persons who have previously been examined and hold an authorization issued under section 11.1 of the Customs Act, in which case examination is effected by the presentation of the authorization by those persons at a port of entry;

• (b) persons who are seeking to enter Canada at a port of entry where facilities are in place for automatic screening of persons seeking to enter Canada, in which case examination is performed by automatic screening;

• (c) persons who leave Canada and proceed directly to a marine installation or structure to which the Oceans Act applies, and who return directly to Canada from the installation or structure without entering the territorial waters of a foreign state, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (d) members of a crew of a ship that transports oil or liquid natural gas and that docks at a marine installation or structure to which the Oceans Act applies, for the purpose of loading oil or liquid natural gas, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (e) members of a crew of a ship registered in a foreign country, other than members of a crew referred to in paragraph (d), in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (f) members of a crew of a ship registered in Canada, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (g) citizens or permanent residents of Canada or the United States who are seeking to enter Canada at remote locations where no officer is assigned or where there are no means by which the persons may report for examination, in which case examination is conducted by an officer by telephone or other means of telecommunication; and

• (h) citizens or permanent residents of Canada or the United States who seek to enter Canada at places, other than a port of entry, where no officer is assigned, in which case examination is conducted by an officer by telephone or other means of telecommunication.

Permitted Entry

Marginal note:Entry permitted

39 An officer shall allow the following persons to enter Canada following an examination:

• (a) persons who have been returned to Canada as a result of a refusal of another country to allow them entry after they were removed from or otherwise left Canada after a removal order was made against them;

• (b) persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who, immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order; and

• (c) persons who are in possession of refugee travel papers issued to them by the Minister that are valid for return to Canada.

Conduct of Examination Measures

Marginal note:Direction to leave

• 40 (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada.

• Marginal note:Service

  (2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada.

• Marginal note:Ceasing to have effect

  (3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.

Marginal note:Direct back

41 Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return temporarily to the United States if

• (a) no officer is able to complete an examination;

• (b) the Minister is not available to consider, under subsection 44(2) of the Act, a report prepared with respect to the person;

• (c) an admissibility hearing cannot be held by the Immigration Division; or

• (d) the foreign national is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act.

Marginal note:Withdrawing application

• 42 (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.

• Marginal note:Exception — report

  (2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing.

• Marginal note:Obligation to confirm departure

  (3) A foreign national who is allowed to withdraw their application to enter Canada must appear without delay before an officer at a port of entry to confirm their departure from Canada.