Marginal note:Regulations

17. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting the conduct of examinations.

Division 3Entering and Remaining in Canada

Entering and Remaining

Marginal note:Examination by officer

• 18. (1) Every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.

• Marginal note:Transit

  (2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada.

Marginal note:Right of entry of citizens and Indians

• 19. (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.

• Marginal note:Right of entry of permanent residents

  (2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.

Marginal note:Obligation on entry

• 20. (1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,

  • (a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and

  • (b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.

• Marginal note:Provincial criteria

  (2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

Status and Authorization to Enter

Marginal note:Permanent resident

• 21. (1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.

• Marginal note:Protected person

  (2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.

Marginal note:Temporary resident

• 22. (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b) and is not inadmissible.

• Marginal note:Dual intent

  (2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

Marginal note:Entry to complete examination or hearing

23. An officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing under this Part.

Marginal note:Temporary resident permit

• 24. (1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.

• Marginal note:Exception

  (2) A foreign national referred to in subsection (1) to whom an officer issues a temporary resident permit outside Canada does not become a temporary resident until they have been examined upon arrival in Canada.

• Marginal note:Instructions of Minister

  (3) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.

Marginal note:Humanitarian and compassionate considerations

• 25. (1) The Minister shall, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister’s own initiative, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected, or by public policy considerations.

• Marginal note:Provincial criteria

  (2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

Marginal note:Regulations

26. The regulations may provide for any matter relating to the application of sections 18 to 25, and may include provisions respecting

• (a) entering, remaining in and re-entering Canada;

• (b) permanent resident status or temporary resident status, including acquisition of that status;

• (c) the circumstances in which all or part of the considerations referred to in section 24 may be taken into account;

• (d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals; and

• (e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.

Rights and Obligations of Permanent and Temporary Residents

Marginal note:Right of permanent residents

• 27. (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.

• Marginal note:Conditions

  (2) A permanent resident must comply with any conditions imposed under the regulations.

Marginal note:Residency obligation

• 28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

• Marginal note:Application

  (2) The following provisions govern the residency obligation under subsection (1):

  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

    • (i) physically present in Canada,

    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

    • (iii) outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province,

    • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province, or

    • (v) referred to in regulations providing for other means of compliance;

  • (b) it is sufficient for a permanent resident to demonstrate at examination

    • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

    • (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

  • (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

Marginal note:Right of temporary residents

• 29. (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit.

• Marginal note:Obligation — temporary resident

  (2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay and may re-enter Canada only if their authorization provides for re-entry.

Marginal note:Work and study in Canada

• 30. (1) A foreign national may not work or study in Canada unless authorized to do so under this Act.

• Marginal note:Minor children

  (2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.

Status Document

Marginal note:Status document

• 31. (1) A permanent resident and a protected person shall be provided with a document indicating their status.

• Marginal note:Effect

  (2) For the purposes of this Act, unless an officer determines otherwise

  • (a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and

  • (b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.

• Marginal note:Travel document

  (3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that

  • (a) they comply with the residency obligation under section 28;

  • (b) an officer has made the determination referred to in paragraph 28(2)(c); or

  • (c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.

Regulations

Marginal note:Regulations

32. The regulations may provide for any matter relating to the application of sections 27 to 31, may define, for the purposes of this Act, the terms used in those sections, and may include provisions respecting

• (a) classes of temporary residents, such as students and workers;

• (b) selection criteria for each class of foreign national and for their family members, and the procedures for evaluating all or some of those criteria;

• (c) anything referred to in paragraph (b) for which a decision or recommendation may or must be made by a designated person, institution or organization;

• (d) the conditions that must or may be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals, including conditions respecting work or study;

• (e) the residency obligation under section 28, including rules for calculating applicable days and periods; and

• (f) the circumstances in which a document indicating status or a travel document may or must be issued, renewed or revoked.

Division 4Inadmissibility

Marginal note:Rules of interpretation

33. The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.

Marginal note:Security

• 34. (1) A permanent resident or a foreign national is inadmissible on security grounds for

  • (a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;

  • (b) engaging in or instigating the subversion by force of any government;

  • (c) engaging in terrorism;

  • (d) being a danger to the security of Canada;

  • (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

  • (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).

• Marginal note:Exception

  (2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.

Marginal note:Human or international rights violations

• 35. (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for

  • (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or

  • (c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.

• Marginal note:Exception

  (2) Paragraphs (1)(b) and (c) do not apply in the case of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.

Marginal note:Serious criminality

• 36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

  • (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

  • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

• Marginal note:Criminality

  (2) A foreign national is inadmissible on grounds of criminality for

  • (a) having 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;

  • (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

  • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

  • (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

• Marginal note:Application

  (3) The following provisions govern subsections (1) and (2):

  • (a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

  • (b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;

  • (c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;

  • (d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities; and

  • (e) inadmissibility under subsections (1) and (2) may not be based on an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.