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

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.

Application of Section 23 of the Act

Marginal note:Conditions

• 43 (1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act:

  • (a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing;

  • (b) to not engage in any work in Canada;

  • (c) to not attend any educational institution in Canada;

  • (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada; and

  • (e) to comply with all requirements imposed on them by an order or regulation made under the Emergencies Act or the Quarantine Act.

• Marginal note:Effect of authorization to enter

  (2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident.

Obligation to Appear at an Admissibility Hearing

Marginal note:Class

• 44 (1) The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons.

• Marginal note:Members

  (2) The members of the class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act are the persons who are the subject of such a report.

• Marginal note:Obligation

  (3) Every member of the class prescribed under subsection (1) must appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.

Deposits or Guarantees

Marginal note:Deposit or guarantee required on entry

• 45 (1) An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any conditions imposed.

• Marginal note:Amount

  (2) The amount of the deposit or guarantee is fixed by an officer on the basis of

  • (a) the financial resources of the person or group;

  • (b) the obligations that result from the conditions imposed;

  • (c) the costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and

  • (d) in the case of a guarantee, the costs that would likely be incurred to enforce it.

Marginal note:Application

46 Sections 47 to 49 apply to deposits and guarantees required under subsections 44(3), 56(1), 58(3) and 58.1(3) of the Act and section 45 of these Regulations.

Marginal note:General requirements

• 47 (1) A person who pays a deposit or posts a guarantee

  • (a) must not have signed or co-signed another guarantee that is in default; and

  • (b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted.

• Marginal note:Requirements if guarantee posted

  (2) A person who posts a guarantee must

  • (a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;

  • (b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and

  • (c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.

• Marginal note:Money illegally obtained

  (3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee.

• Marginal note:Factors to consider

  (4) An officer, the Immigration Division or the Minister must consider the following factors in assessing whether the person who posts a guarantee has the ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed:

  • (a) their relationship to the person or group of persons in respect of whom the guarantee is required;

  • (b) their financial situation;

  • (c) any previous history posting a guarantee;

  • (d) their criminal record; and

  • (e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed.

Marginal note:Conditions if guarantee posted

• 48 (1) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a guarantee is required:

  • (a) to provide the Department or the Canada Border Services Agency, depending on which one requires the information, with the address of the person posting the guarantee and to advise the Department or the Canada Border Services Agency, as the case may be, before any change in that address; and

  • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

• Marginal note:Conditions if deposit paid

  (2) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a deposit is required:

  • (a) to provide the Department or the Canada Border Services Agency, depending on which one requires the information, with their address and to advise the Department or the Canada Border Services Agency, as the case may be, before any change in that address; and

  • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

Marginal note:Acknowledgment of consequences of failure to comply with conditions

• 49 (1) A person who pays a deposit or posts a guarantee must acknowledge in writing

  • (a) that they have been informed of the conditions imposed; and

  • (b) that they have been informed that non-compliance with any conditions imposed will result in the forfeiture of the deposit or enforcement of the guarantee.

• Marginal note:Receipt

  (2) An officer shall issue a receipt for the deposit or a copy of the guarantee, and a copy of the conditions imposed.

• Marginal note:Return of deposit

  (3) If an officer determines that the person or group of persons in respect of whom the deposit was required has complied with the conditions imposed, the deposit shall be returned.

• Marginal note:Breach of condition

  (4) A sum of money deposited is forfeited, or a guarantee posted becomes enforceable, on the failure of the person or any member of the group of persons in respect of whom the deposit or guarantee was required to comply with a condition imposed.

Documents Required

Marginal note:Documents — permanent residents

• 50 (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold

  • (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;

  • (b) a travel document that was issued by the country of which the foreign national is a citizen or national;

  • (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

  • (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;

  • (e) a passport or travel document that was issued by the Palestinian Authority;

  • (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;

  • (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

  • (i) a passport issued by the United Kingdom to a British Subject.

• Marginal note:Exception — protected persons

  (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).

• (3) [Repealed, SOR/2010-54, s. 1]

Marginal note:Designation of unreliable travel documents

• 50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.

• Marginal note:Factors

  (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:

  • (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and

  • (b) information respecting the security or integrity of the process leading to the issuance of the passport or document.

• Marginal note:Effect of designation

  (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).

• Marginal note:Public notice

  (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).