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Version of document from 2006-03-22 to 2016-12-04:

Immigration Guidelines

SI/80-125

CANADIAN HUMAN RIGHTS ACT

Registration 1980-07-23

Guidelines of the Canadian Human Rights Commission Respecting the Application of Section 32 of the Canadian Human Rights Act

The Canadian Human Rights Commission, pursuant to subsection 22(2) of the Canadian Human Rights Act, is hereby pleased to issue guidelines as set out in the schedule hereto respecting the application of section 32 of the Canadian Human Rights Act to the investigation of immigration complaints.

Dated at Ottawa, this 3rd day of July, 1980

Short Title

 These Guidelines may be cited as the Immigration Guidelines.

Interpretation

 In these Guidelines, Act means the Canadian Human Rights Act.

Guidelines

 For the purposes of the application of subsection 32(5) of the Act, in the opinion of the Canadian Human Rights Commission a person is lawfully present in Canada if he or she was, at the time of the act or omission causing a complaint, actually in Canada, and was

  • (a) a Canadian citizen;

  • (b) an individual admitted to Canada as a permanent resident who has not ceased to have that status pursuant to subsection 24(1) of the Immigration Act, 1976;

  • (c) a person granted entry to Canada as a visitor who has not ceased to be a visitor pursuant to subsection 26(1) of the Immigration Act, 1976; or

  • (d) a person in possession of a valid and subsisting Minister’s permit issued pursuant to subsection 37(1) of the Immigration Act, 1976.

 For the purposes of the application of paragraph 32(5)(a) of the Act, in the opinion of the Canadian Human Rights Commission a person who is temporarily absent from Canada at the time of an act or omission causing a complaint is entitled to return to Canada if he or she is

  • (a) a Canadian citizen; or

  • (b) an individual admitted to Canada as a permanent resident who has not ceased to have that status pursuant to subsection 24(1) of the Immigration Act, 1976.

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