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

RELATED PROVISIONS

• — SOR/2010-172, s. 6

  • 6 For the purposes of section 8, a reference to a former provision of the Immigration and Refugee Protection Regulations means a reference to that provision as it read immediately before the coming into force of these Regulations.

• — SOR/2010-172, s. 7

  • 7 The calculation of the four-year period referred to in paragraph 200(3)(g), as enacted by subsection 2(3), is not to include work that was performed before the day on which this section comes into force.

• — SOR/2010-172, s. 8

  • • 8 (1) An application for a work permit that requires an officer’s determination based on an opinion referred to in subsection 203(1) of the Immigration and Refugee Protection Regulations is to be dealt with under the former sections 200, 201 and 203 if the opinion was requested before the coming into force of this section.

    • (2) An application under section 197, 198, 199 or 201 of the Immigration and Refugee Protection Regulations or a request under subsection 203(2) of those Regulations, that is received before the coming into force of this section, is to be dealt with under the former sections 200, 201 and 203.

• — SOR/2012-272, s. 2

  • 2 Despite section 1, subsections 231(1) and (2) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in the case where application for leave is filed in accordance with section 72 of the Immigration and Refugee Protection Act in respect of

    • (a) a decision of the Refugee Protection Division that was made before the day on which these Regulations come into force and that rejected the applicant’s claim for protection; or

    • (b) a decision of the Refugee Protection Division that is made on or after the day on which these Regulations come into force and that rejects the applicant’s claim for protection, if

      • (i) the decision is in regard to a claim for protection that was referred to it before the day on which these Regulations come into force, and is a decision that could have been appealed to the Refugee Appeal Division but for section 36 of the Balanced Refugee Reform Act, or

      • (ii) the decision follows a hearing that was commenced by the Convention Refugee Determination Division in any of the cases referred to in section 191 of the Immigration and Refugee Protection Act.

• — SOR/2012-272, s. 2.1, as amended by SOR/2014-166, s. 1

  • 2.1 Despite section 1, subsections 231(1) and (2) of the Immigration and Refugee Protection Regulations, as they read on December 14, 2012, apply in the case where an application for leave for judicial review in accordance with section 72 of the Immigration and Refugee Protection Act has been made before the day on which this section comes into force or is made on or after that day in respect of a decision of the Refugee Protection Division rejecting the applicant’s claim for protection if

    • (a) the decision of the Refugee Protection Division is one that could have been or could be appealed to the Refugee Appeal Division but for section 167 of the Economic Action Plan 2013 Act, No. 1; and

    • (b) in respect of an application for leave made before the day on which this section comes into force, none of the events described in paragraphs (a) to (e) of subsection 231(1) of the Immigration and Refugee Protection Regulations, as they read on December 14, 2012, has occurred before the day on which this section comes into force.

• — SOR/2012-274, s. 18

  • • 18 (1) A permanent resident visa application for the Canadian experience class that is made before the day on which section 13 comes into force will be processed in accordance with Part 6 of the Immigration and Refugee Protection Regulations as that Part read immediately before the coming into force of section 13.

    • (2) A permanent resident visa application for the federal skilled worker class that is made before the day on which sections 9 to 12 come into force will be processed in accordance with Part 6 of the Immigration and Refugee Protection Regulations as that Part read immediately before the coming into force of sections 9 to 12.

• — SOR/2014-14, s. 18

  • • 18 (1) Despite section 7, subparagraph 205(c)(i) of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a foreign national whose application for a work permit under that subparagraph is received before the day on which these Regulations come into force but to whom a work permit has not been issued before that day.

    • (2) Despite section 7, subparagraph 205(c)(i) of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a foreign national who is the holder of a work permit under that subparagraph the application for which is received before the day on which these Regulations come into force and who applies for a renewal of their permit in order to continue the research, educational or training program to which their work relates, in which case the renewal shall be for the shorter of the following periods:

      • (a) the period that begins on the day on which their permit is renewed and ends on the day on which their research, educational or training program ends, and

      • (b) the period that begins on the day on which their permit is renewed and ends on the day that is three years after the day on which these Regulations come into force.

• — SOR/2014-14, s. 19

  • • 19 (1) Despite sections 12 and 14, subsection 216(1) and section 219 of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in respect of a foreign national whose application for a study permit is received before the day on which these Regulations come into force but to whom a study permit has not been issued before that day.

    • (2) Despite sections 12 and 14, subsection 216(1) and section 219 of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in respect of a foreign national who is the holder of a study permit the application for which is received before the day on which these Regulations come into force and who applies for a renewal of their permit in order to continue the program of study in which they were enrolled on the day on which these Regulations come into force, in which case the renewal shall be for the shorter of the following periods:

      • (a) the period that begins on the day on which their permit is renewed and ends on the day on which their program of study ends, and

      • (b) the period that begins on the day on which the permit is renewed and ends on the day that is three years after the day on which these Regulations come into force.

    • (3) Despite sections 15 and 17, paragraph 220.1(1)(a) of the Immigration and Refugee Protection Regulations does not apply in respect of a foreign national whose application for a study permit is received before the day on which these Regulations come into force and to whom the study permit applied for is issued before, on or after that day, for the duration of that permit and, if it is renewed in accordance with subsection (2), for the period that applies in accordance with that subsection.

• — SOR/2014-14, s. 20

  • 20 Despite section 16, section 222 of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a temporary resident whose application for a study permit is received before that day or to whom a study permit has been issued before that day, for the duration of that permit.

• — SOR/2014-133, s. 13

  • • 13 (1) The definition dependent child, set out in section 2 of the Immigration and Refugee Protection Regulations, as it read immediately before the coming into force of these Regulations, continues to apply in respect of a dependent child of the following persons:

      • (a) a person whose application for a permanent resident visa or for permanent resident status is made before the coming into force of these Regulations;

      • (b) a person who made an application to Quebec for selection as a person in a particularly distressful situation before the coming into force of these Regulations and a Certificat de sélection du Québec was issued to that person before or after the coming into force of these Regulations;

      • (c) a person who made an application to Quebec for selection as a member of the economic class before the coming into force of these Regulations and a Certificat de sélection du Québec was issued to that person before or after the coming into force of these Regulations;

      • (d) a person who made an application in a province for nomination as a member of the provincial nominee class before the coming into force of these Regulations and a nomination certificate was issued to that person by the province before or after the coming into force of these Regulations;

      • (e) a person who made their work permit application under Division 3 of Part 6 of the Immigration and Refugee Protection Regulations and whose work permit application was approved before the coming into force of these Regulations;

      • (f) a person who made a claim for refugee protection in Canada before the coming into force of these Regulations and who acquired protected person status before or after the coming into force of these Regulations;

      • (g) a person respecting whom a referral set out in section 140.3 of the Immigration and Refugee Protection Regulations was submitted to the immigration office before the coming into force of these Regulations;

      • (h) a person respecting whom a sponsorship application was made under Part 8 of the Immigration and Refugee Protection Regulations on or before October 18, 2012;

      • (i) a person respecting whom an undertaking application was made to Quebec before the coming into force of these Regulations by a sponsor who meets the requirements of sponsorship set out in section 158 and a Certificat de sélection du Québec was issued to that person before or after the coming into force of these Regulations;

      • (j) a person whose circumstances were being examined under section 25.2 of the Immigration and Refugee Protection Act before the coming into force of these Regulations and who made an application for a permanent resident visa under that section after the coming into force of these Regulations; and

      • (k) a parent or grandparent respecting whom a sponsorship application was made before November 5, 2011.

    • (2) Section 25.1 of the Immigration and Refugee Protection Regulations does not apply with respect to the dependent child of a person referred to in subsection (1).

    • (3) The fees payable for processing an application referred to in sections 295, 301 and 307 of the Immigration and Refugee Protection Regulations, as they read immediately before the coming into force of these Regulations, shall apply to a dependent child of a person referred to in subsection (1) if that child is 22 years of age or older — or, if less than 22 years of age, is a spouse or common-law partner — and meets the description set out in subparagraph (b)(ii) of the definition of dependent child in section 2 of those Regulations as it read immediately before the coming into force of these Regulations.

• — SOR/2015-139, s. 5

  • • 5 (1) Paragraph 5(a) of the Immigration and Refugee Protection Regulations, as enacted by subsection 1(1), applies only to applications received after the day on which these Regulations come into force.

    • (2) Paragraph 5(c) of the Immigration and Refugee Protection Regulations applies only to applications received after the day on which these Regulations come into force.

    • (3) Paragraph 117(9)(a) of the Immigration and Refugee Protection Regulations, as enacted by subsection 2(1), applies only to applications received after the day on which these Regulations come into force.

    • (4) Paragraph 117(9)(c.1) of the Immigration and Refugee Protection Regulations applies only to applications received after the day on which these Regulations come into force.

    • (5) [Repealed, SOR/2023-249, s. 12]

    • (6) Paragraph 125(1)(c.1) of the Immigration and Refugee Protection Regulations applies only to applications received after the day on which these Regulations come into force.

    • (7) Subsection 130(3) of the Immigration and Refugee Protection Regulations, as enacted by section 4, applies only to applications that are pending on the day on which these Regulations come into force or to applications received after that day.

• — SOR/2015-144, s. 10

  • 10 The Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply with respect to a failure to comply with one of the conditions set out in sections 209.2 to 209.4 that is not justified under subsection 209.2(3) or (4), 209.3(3) or (4) or 209.4(2), if that failure occurred before December 1, 2015.

• — SOR/2016-316, s. 15

  • 15 In sections 16 to 18, preceding Regulations means the Immigration and Refugee Protection Regulations as they read immediately before the day on which these Regulations come into force.

• — SOR/2016-316, s. 16

  • • 16 (1) Subject to subsections (2) and (3), paragraph 70(2)(b), subsection 88(1), sections 89 and 90, subsections 102(1) and 103(1), sections 104 and 107, subsections 108(1) and (2) and paragraph 295(1)(b) of the preceding Regulations continue to apply in respect of an application for a permanent resident visa that was made before the day on which these Regulations come into force by a foreign national as a member of the investor class, as prescribed by subsection 90(1) of the preceding Regulations, until the day on which a determination is made in respect of the application.

    • (2) Subject to subsections (3) and (4), sections 88 and 91 to 95 of the preceding Regulations continue to apply in respect of a provincial allocation, within the meaning of that section 88, that has not been repaid before the day on which these Regulations come into force, until it is repaid to the investor in accordance with paragraph 92(i) of the preceding Regulations.

    • (3) If the Minister of Citizenship and Immigration and a province enter into an agreement with respect to an existing approved fund, as defined in subsection 88(1) of the preceding Regulations, that permits the province to vary the structure of the fund and the agreement comes into force on or after the day on which these Regulations come into force, the definition fund in that subsection 88(1) ceases to apply in sections 88 and 91 to 95 of the preceding Regulations as of the day on which that agreement comes into force.

    • (4) If the Minister of Citizenship and Immigration and a province enter into an agreement with respect to the requirements for periodic reports in relation to an existing approved fund, as defined in subsection 88(1) of the preceding Regulations, and the agreement comes into force on or after the day on which these Regulations come into force, paragraph 95(a) of the preceding Regulations ceases to apply in respect of the approved fund as of the day on which that agreement comes into force.

• — SOR/2016-316, s. 17

  • • 17 (1) Paragraph 70(2)(b), subsection 88(1), sections 89 and 97, subsections 102(1) and 103(2), sections 104 and 107, subsections 108(1) and (3) and paragraph 295(1)(b) of the preceding Regulations continue to apply in respect of an application for a permanent resident visa that was made before the day on which these Regulations come into force by a foreign national as a member of the entrepreneur class, as prescribed by subsection 97(1) of the preceding Regulations, until the day on which a determination is made in respect of the application.

    • (2) A foreign national who is a member of the entrepreneur class, as prescribed by subsection 97(1) of the preceding Regulations, is a member of the Quebec entrepreneur class, or is an entrepreneur selected by a province, as defined in subsection 88(1) of the preceding Regulations, and who becomes a permanent resident is not required to meet the conditions set out in section 98 of the preceding Regulations, unless

      • (a) they are the subject of a report under section 44 of the Immigration and Refugee Protection Act as a result of an officer’s opinion that they are inadmissible under section 41 of that Act for failure to comply with those conditions; and

      • (b) the Minister of Citizenship and Immigration is of the opinion that, for the purposes of subsection 44(2) of that Act, the report is well-founded and has referred the report to the Immigration Division before the day on which these Regulations come into force.

    • (3) A family member of a member of the entrepreneur class, as prescribed by subsection 97(1) of the preceding Regulations, of a member of the Quebec entrepreneur class or of an entrepreneur selected by a province, as defined in subsection 88(1) of the preceding Regulations, who becomes a permanent resident is not required to meet the condition set out in subsection 98(6) of the preceding Regulations, unless the member of that entrepreneur class or of the Quebec entrepreneur class or that entrepreneur selected by a province was, before the day on which these Regulations come into force, the subject of a report referred to in paragraphs (2)(a) and (b), in which case the family member continues to be subject to that condition.

• — SOR/2016-316, s. 18

  • 18 Paragraph 70(2)(b), sections 109.1 to 109.5, paragraph 295(1)(b) and subsection 295(2.2) of the preceding Regulations continue to apply in respect of an application for a permanent resident visa that was made before the day on which these Regulations come into force, by a foreign national as a member of the transitional federal investor class, transitional federal entrepreneur class or transitional federal self-employed persons class, as prescribed by subsection 109.1(1) of the preceding Regulations, until the day on which a determination is made in respect of the application.

• — SOR/2017-38, s. 4

  • • 4 (1) Section 24.5 of the Immigration and Refugee Protection Regulations, as enacted by section 3, applies to applications that were made under subsection 42.1(1) of the Immigration and Refugee Protection Act before the coming into force of this subsection.

    • (2) Section 24.5 of the Immigration and Refugee Protection Regulations, as enacted by section 3, applies, with any necessary modifications, to any requests that were submitted to the Minister of Public Safety and Emergency Preparedness in respect of the exception described in subsection 34(2) or 35(2) or paragraph 37(2)(a) of the Immigration and Refugee Protection Act, as each of those provisions read before the coming into force of sections 13 to 15 and 18 of the Faster Removal of Foreign Criminals Act, chapter 16 of the Statutes of Canada, 2013.

• — SOR/2017-38, s. 5

  • • 5 (1) In the case of an application that was made under subsection 42.1(1) of the Immigration and Refugee Protection Act before the coming into force of this subsection, the processing of the application is discontinued and the applicant’s file is closed, on or after the day on which this subsection comes into force, if any of the conditions referred to in paragraphs 24.4(a) to (c) of the Immigration and Refugee Protection Regulations, as enacted by section 3, applies or if the following conditions apply:

      • (a) it is determined that the applicant is not inadmissible under each of section 34, paragraph 35(1)(b), paragraph 35(1)(c) and subsection 37(1) of the Immigration and Refugee Protection Act following an examination — or a hearing by the Immigration Division or, in the case of an appeal, the Immigration Appeal Division — that takes place after the application under subsection 42.1(1) of that Act is made, but the applicant has not acquired permanent resident status; and

      • (b) an application under subsection 72(1) of the Immigration and Refugee Protection Act for leave to commence an application for judicial review with respect to the determination referred to in paragraph (a)

        • (i) is not filed within the time limit; or

        • (ii) is filed within the time limit and any of the following circumstances occurs:

          • (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, or

          • (E) the 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, is discontinued.

    • (2) Subsection (1) applies, with any necessary modifications, to any requests that were submitted to the Minister of Public Safety and Emergency Preparedness in respect of the exception described in subsection 34(2) or 35(2) or paragraph 37(2)(a) of the Immigration and Refugee Protection Act, as each of those provisions read before the coming into force of sections 13 to 15 and 18 of the Faster Removal of Foreign Criminals Act, chapter 16 of the Statutes of Canada, 2013.

• — SOR/2017-56, s. 7

  • • 7 (1) The conditions set out in Division 8 of Part 5 of the Immigration and Refugee Protection Regulations as that Division read immediately before the coming into force of these Regulations do not apply to sponsorship applications that are pending on that date.

    • (2) Any condition imposed on a person under Division 8 of Part 5 of the Immigration and Refugee Protection Regulations as that Division read immediately before the coming into force of these Regulations, or before that date, is removed.

• — SOR/2017-60, s. 5

  • • 5 (1) The definition dependent child in section 2 of the Immigration and Refugee Protection Regulations, as it read on July 31, 2014, applies in respect of a dependent child who made an application as a principal applicant for a permanent resident visa as a member of the family class on or before July 31, 2014 and whose application is pending the day on which these Regulations come into force.

    • (2) Section 25.1 of the Immigration and Refugee Protection Regulations does not apply in respect of a dependent child referred to in subsection (1).

• — SOR/2017-60, s. 6

  • 6 Sections 1, 3 and 4 of these Regulations do not apply in respect of applications for a permanent resident visa or in respect of sponsorship applications, as the case may be, made after July 31, 2014 and before these Regulations come into force.

• — SOR/2017-78, s. 12

  • 12 The following provisions of the Immigration and Refugee Protection Regulations, as they read immediately before the coming into force of these Regulations, apply in respect of a foreign national who made an application under paragraph 111(a) of the Immigration and Refugee Protection Regulations in relation to an assessment referred to in subsection 203(1) of those Regulations that was requested on or before November 30, 2014:

    • (a) the definition live-in caregiver in section 2;

    • (b) subsection 25.1(5);

    • (c) paragraph 30(1)(g);

    • (d) paragraph 72(2)(a);

    • (e) section 72.8;

    • (f) the provisions of Division 3 of Part 6;

    • (g) subparagraph 198(2)(a)(i);

    • (h) paragraph 200(3)(d);

    • (i) paragraph 207(a);

    • (j) the portion of paragraph 301(1)(b) before subparagraph (i); and

    • (k) paragraph 303.2(2)(c).

• — SOR/2018-61, s. 2

  • 2 Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, does not apply to applications for work permits that are pending on that day.

• — SOR/2019-200, s. 3

  • 3 Subsection 228(1) and paragraph 229(1)(b) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in respect of a foreign national for whom, before the day on which these Regulations come into force, a report was referred to the Immigration Division for an admissibility hearing under subsection 44(2) of the Act.

• — SOR/2021-242, s. 9

  • 9 A foreign national who is named in an endorsement certificate described in paragraph 87.3(2)(a) of the Immigration and Refugee Protection Regulations is not a member of

    • (a) the Atlantic Canada Intermediate Skilled Worker Class established by the Ministerial Instructions Respecting the Atlantic Canada Intermediate Skilled Worker Class, published in the Canada Gazette, Part I, on March 4, 2017;

    • (b) the Atlantic Canada Highly Skilled Worker Class established by the Ministerial Instructions Respecting the Atlantic Canada Highly Skilled Worker Class, published in the Canada Gazette, Part I, on March 4, 2017; or

    • (c) the Atlantic Canada International Graduate Class established by the Ministerial Instructions Respecting the Atlantic Canada International Graduate Class, published in the Canada Gazette, Part I, on March 4, 2017.

• — 2023, c. 19, s. 22

  • Report referred to Immigration Division

    22 Paragraphs 228(1)(f) and 229(1)(b) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which this Act receives royal assent, continue to apply in respect of a foreign national for whom, before that day, a report was referred to the Immigration Division for an admissibility hearing under subsection 44(2) of the Immigration and Refugee Protection Act and in respect of whom no decision has been made by the Immigration Division before that day.

• — 2023, c. 19, s. 23

  • Referral to committee

    • 23 (1) As soon as possible after the third anniversary of the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing those provisions.

    • Report

      (2) The committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.

• — 2023, c. 32, s. 72.1

  • Rights of Indigenous peoples

    • 72.1 (1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

    • Definition of Indigenous peoples

      (2) In subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

• — SOR/2024-86, s. 2

  • 2 For greater certainty, subsection 228(1) of the Immigration and Refugee Protection Regulations, as it reads on the day on which these Regulations come into force, applies to a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, in respect of whom a report has not been referred to the Immigration Division for an admissibility hearing under subsection 44(2) of that Act before that day.

• — SOR/2024-128, s. 4

  • 4 If, under subsection 44(1) of the Immigration and Refugee Protection Act, a report has been prepared with respect to a foreign national before the day on which these Regulations come into force, section 19 and subsections 228(1) and 229(1) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which these Regulations come into force, continue to apply in respect of the foreign national in relation to the matter referred to in the report.