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  1. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 12.05)
    Immigration and Refugee Protection Regulations
    Marginal note:Period of validity
    •  (1) An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of that period:

      • (a) the day on which the applicant’s passport or other travel document, in respect of which the electronic travel authorization was issued, expires,

      • (b) the day on which the electronic travel authorization is cancelled,

      • (c) the day on which a new electronic travel authorization, in respect of the same passport or the same travel document, is issued to the applicant,

      • (d) the day on which the country or authority referred to in paragraph 190(1)(a) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that paragraph, and

      • (e) the day on which the country referred to in subsection 7.01(1) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that subsection, unless that country is listed in Schedule 1.1.

    • Marginal note:United States lawful permanent residents

      (1.1) Any electronic travel authorization that is issued to a citizen of a country other than those listed in Schedule 1.1 on the basis of their lawful admission to the United States for permanent residence ceases to be valid at 08:00:00 Eastern daylight time on April 26, 2022.

    • Marginal note:Exception — Mexico

      (1.2) Paragraph (1)(d) does not apply to an electronic travel authorization issued to a foreign national who is a citizen of Mexico if, on the same day referred to in that paragraph, the foreign national holds a work permit or study permit.

    [...]


  2. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 230)
    Immigration and Refugee Protection Regulations
    Marginal note:Considerations
    •  (1) The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of

      • (a) an armed conflict within the country or place;

    • Marginal note:Cancellation

      (2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population.

    • Marginal note:Exceptions

      (3) The stay does not apply to a person who

      • (a) is inadmissible under subsection 34(1) of the Act on security grounds;

      • (b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

      • (b.1) is inadmissible under subsection 35.1(1) of the Act on grounds of sanctions;

      • (c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality, under subsection 36(2) of the Act on grounds of criminality or under subsection 36(2.1) of the Act on grounds of transborder criminality;

      • (d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

      • (e) is a person referred to in section F of Article 1 of the Refugee Convention; or

      • (f) informs the Minister in writing that they consent to their removal to a country or place to which a stay of removal applies.

    [...]


  3. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 229)
    Immigration and Refugee Protection Regulations
    Marginal note:Paragraph 45(d) of the Act — applicable removal order
    •  (1) For the purposes of paragraph 45(d) of the Act, the applicable removal order to be made by the Immigration Division against a person is

      • (a) a deportation order, if they are inadmissible under subsection 34(1) of the Act on security grounds;

      • (b) a deportation order, if they are inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

      • (c) a deportation order, in the case of a permanent resident inadmissible under subsection 36(1) of the Act on grounds of serious criminality or a foreign national inadmissible under paragraph 36(1)(b) or (c) of the Act on grounds of serious criminality;

      • (d) a deportation order, if they are inadmissible under paragraph 36(2)(b) or (c) of the Act on grounds of criminality or under subsection 36(2.1) of the Act on grounds of transborder criminality;

      • (e) a deportation order, if they are inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

      • (f) an exclusion order, if they are inadmissible under subsection 38(1) of the Act on health grounds, unless subsection (2) or (3) applies;

      • (g) an exclusion order, if they are inadmissible under section 39 of the Act for financial reasons, unless subsection (2) or (3) applies;

      • (h) an exclusion order, if they are inadmissible under paragraph 40(1)(a) or (b) of the Act for misrepresentation, unless subsection (3) applies;

      • (i) a deportation order, if they are inadmissible under paragraph 40(1)(d) of the Act for misrepresentation;

      • (j) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to comply with the requirement to appear for examination, unless subsection (2) or (3) applies;

      • (k) a departure order, if they are inadmissible under paragraph 41(b) of the Act;

      • (l) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they have come to Canada in order to establish permanent residence, unless subsection (3) applies;

      • (m) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay, unless subsection (2) applies; and

      • (n) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for any other failure to comply with the Act, unless subsection (2) or (3) applies.

    • Marginal note:Eligible claim for refugee protection

      (2) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in paragraph (1)(f), (g), (j), (m) or (n).

    • Marginal note:Exception

      (3) The applicable removal order in the circumstances set out in paragraph (1)(f), (g), (h), (j), (l) or (n) is a deportation order if the person

      • (a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order;

      • (b) has failed to comply with any condition or obligation imposed under the Act or theImmigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, unless the failure is the basis for the removal order; or

      • (c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.

    • Marginal note:Punishable by way of indictment

      (3.1) For the purposes of paragraph (3)(c), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.

    • Marginal note:Section 228 circumstances

      (4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in section 228, the Immigration Division shall make

      • (a) the removal order that would have been applicable under subsection 228(1) or (3) if the report had not been referred to the Immigration Division under subsection 44(2) of the Act; or

      • (b) in the case of a foreign national described in paragraph 228(4)(a) or (b), the removal order that would have been applicable under subsection 228(1) or (3) if the foreign national had not been described in that paragraph.

    [...]


  4. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 9.3)
    Immigration and Refugee Protection Regulations
    Marginal note:Deemed receipt by the Minister
    •  (1) Any application, request, claim, document or information sent by a foreign national, an individual or an entity using electronic means is deemed to have been received by the Minister at the time and on the date indicated by the electronic means that is made available or specified by the Minister for that purpose.

    • Marginal note:Deemed receipt by recipient

      (2) Any notice, request, decision, determination, document or information sent by the Minister using electronic means is deemed to have been received by the intended recipient at the time and on the date it was sent by the Minister as indicated by the electronic means that is used or specified by the Minister for that purpose.

    [...]


  5. Immigration and Refugee Protection Regulations - SOR/2002-227 (SCHEDULE 2 : Violations)
    Immigration and Refugee Protection Regulations

    [...]

    TABLE 1

    Employer Conditions

    Column 1 Column 2 Column 3
    Item Provision Short-form Description Classification
    1 209.2(1)(b)(i) Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment Type A
    2 209.2(1)(b)(ii) and 209.3(1)(c)(ii) Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment Type A
    4 209.3(1)(c)(i) Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employment Type A
    7 209.4(1)(c) Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information Type C
    8 209.2(1)(a)(ii) and 209.3(1)(a)(ii) Comply with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which the foreign national works Type B
    9 209.2(1)(a)(iii) and 209.3(1)(a)(iv) Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment Type B
    11 209.3(1)(b)(i) Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit Type B
    12 209.3(1)(b)(ii) Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit Type B
    13 209.3(1)(b)(iii) Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit Type B
    14 209.3(1)(b)(iv) Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit Type B
    15 209.2(1)(a)(i) and 209.3(1)(a)(i) Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver Type C
    16 209.3(1)(a)(iii)(B) For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the household Type C
    18 209.2(1)(a)(v) and 209.3(1)(a)(vii) Not do anything that prevents the foreign national from complying with an order or regulation made under theEmergencies Act or theQuarantine Act Type C
    19 209.2(1)(a)(vi) and 209.3(1)(a)(viii) Not do anything that prevents the foreign national from complying with a provincial law that governs public health in response to COVID-19 Type C
    20 209.2(1)(a)(vii) and 209.3(1)(a)(xii) Provide, during the period the foreign national must isolate or quarantine themselves on entry into Canada, wages to the foreign national that are substantially the same as those set out in the offer of employment Type C
    21 209.3(1)(a)(ix) Provide the foreign national with accommodations that are separate from those provided to persons who are not in quarantine and that permit the foreign worker to remain at least two metres away from any other person Type C
    22 209.3(1)(a)(x) Provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularly Type C
    23 209.3(1)(a)(xi) Provide a foreign national who becomes infected with or develops any signs or symptoms of COVID-19 with accommodations that have a bedroom and a bathroom that are solely for the use of the foreign national while they isolate themselves Type C
    25 209.2(1)(a.1) and 209.3(1)(a.1) Provide the foreign national, with a copy in their chosen official language of Canada, of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purpose Type B
    26 209.2(1)(a)(ii.1) and 209.3(1)(a)(ii.1) Make available to the foreign national the information referred to in paragraph 209.2(1)(a.1) or paragraph 209.3(1)(a.1), as the case may be, in both official languages of Canada Type B
    27 209.2(1)(a)(ix) and 209.3(1)(a)(xv) Not directly or indirectly charge or recover from the foreign national the fees indicated Type C
    28 209.2(1)(a)(x) and 209.3(1)(a)(xvi) Ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees indicated Type C
    29 209.3(1)(a)(xiii) Except in the case of an employer who employs a foreign national to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers and the agreement includes health insurance, must obtain and pay for private health insurance from a Canadian insurance provider that covers emergency medical care for any period during which the foreign national is not covered by the applicable provincial health insurance system Type C
    30 209.2(1)(a)(viii) and 209.3(1)(a)(xiv) Make reasonable efforts to provide to the foreign national access to health care services when the foreign national is injured or becomes ill at the workplace Type C

    TABLE 5

    Severity of the Violation

    Column 1 Column 2
    Item Criterion Points
    1 The employer derived competitive or economic benefit from the violation 0 to 6
    2 The violation involved abuse of a foreign national (physical, psychological, sexual or financial) 0 to 10
    3 The violation negatively affected the Canadian labour market or the Canadian economy 0 to 6
    4 The employer did not make reasonable efforts to minimize or remediate the effects of the violation 0 to 3
    5 The employer did not make reasonable efforts to prevent recurrence of the violation 0 to 3
    6

    The violation put the foreign national’s health or safety at risk in relation to a communicable disease as defined in section 2 of theQuarantine Act

    0 to 10
    7

    The violation put the public’s health or safety at risk in relation a communicable disease as defined in section 2 of theQuarantine Act

    0 to 10

    [...]



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