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

Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 4Procedures (continued)

DIVISION 3Conduct of Examination (continued)

Conduct of Examination Measures (continued)

Marginal note:Direct back

 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; or

  • (c) an admissibility hearing cannot be held by the Immigration Division.

Marginal note:Withdrawing application

  •  (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.

  • SOR/2018-5, s. 1

Application of Section 23 of the Act

Marginal note:Conditions

  •  (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; and

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

  • 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

  •  (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

  •  (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.

  • SOR/2004-167, s. 11(F)

Marginal note:Application

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

Marginal note:General requirements

  •  (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.

  • SOR/2004-167, s. 12(F)

Marginal note:Conditions if guarantee posted

  •  (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.

  • SOR/2010-195, s. 1(F)
  • SOR/2017-214, s. 2

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

  •  (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.

  • SOR/2004-167, s. 13(F)
  • SOR/2017-214, s. 3
 
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