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

Regulations are current to 2017-09-14 and last amended on 2017-06-27. Previous Versions

Marginal note:Prescribed class
  •  (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of the Act.

  • Marginal note:Exemption

    (2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences.

  • SOR/2004-167, s. 8.
Marginal note:Transborder crime

 For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed:

Marginal note:Assessment of inadmissibility on health grounds

 An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 29 to 34 and the officer concluded that the foreign national’s health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand.

Marginal note:Financial reasons

 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.

Marginal note:Misrepresentation

 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act.

Marginal note:Prescribed circumstances — family members

 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

  • (a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and

  • (b) the non-accompanying family member is

    • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

    • (ii) the common-law partner of the foreign national,

    • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

    • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.

  • SOR/2014-269, ss. 1, 6.
Marginal note:Exception to excessive demand

 For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

  • (a) in respect of the sponsor, their conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or

  • (b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.

  • SOR/2005-61, s. 2.

DIVISION 2Application for Declaration of Relief Under Subsection 42.1(1) of the Act

Marginal note:Application
  •  (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or (c) or subsection 37(1) of the Act.

  • Marginal note:Judicial review

    (2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following:

    • (a) the Federal Court refuses the application for leave,

    • (b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal,

    • (c) if a question is certified for the Federal Court of Appeal,

      • (i) an appeal to the Federal Court of Appeal is not filed within the time limit, or

      • (ii) the Federal Court of Appeal dismisses the appeal and an application to the Supreme Court of Canada for leave to appeal from that decision is not filed within the time limit,

    • (d) if an application is filed with the Supreme Court of Canada for leave to appeal,

      • (i) the application is refused,

      • (ii) the application is granted and an appeal is not filed within the time limit, or

      • (iii) the Supreme Court of Canada dismisses the appeal, and

    • (e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be.

  • SOR/2017-38, s. 3.
Marginal note:Required information
  •  (1) An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant:

    • (a) their place of birth, gender and marital status and the names of any former spouses or common-law partners;

    • (b) their telephone number and email address, if any;

    • (c) their former countries of citizenship or former countries of nationality;

    • (d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution;

    • (e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address;

    • (f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and

    • (g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or (c) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1).

  • Marginal note:Non-application of paragraphs 10(2)(b) and (c)

    (2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act.

  • SOR/2017-38, s. 3.
Marginal note:Return of application

 If the requirements of sections 24.1 and 24.2 are not met, the application is not accepted for processing and the application and all documents submitted in support of it are returned to the applicant.

  • SOR/2017-38, s. 3.
Marginal note:Closing of file

 The processing of the application is discontinued and the applicant’s file is closed if

  • (a) a notice has been sent to the applicant requiring that they confirm their intention to proceed with their application and the applicant fails to respond to the notice within 60 calendar days after the day on which it was sent;

  • (b) the applicant has acquired permanent resident status;

  • (c) the applicant withdraws their application in writing; or

  • (d) the applicant has, since making their application, filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection 24.1(1).

  • SOR/2017-38, s. 3.
 
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