PART 5Permanent Residents (continued)
DIVISION 1Permanent Resident Cards (continued)
Marginal note:Minor applicants 14 years of age or more
(2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless
Marginal note:Minor applicants less than 14 years of age
(3) The application of a child who is less than 14 years of age must be signed by one of their parents unless
Marginal note:Providing address within 180 days
58 (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after the day on which they become a permanent resident, their address in Canada and, on the request of an officer,
(a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and
(b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless
Marginal note:Issuance after 180 days
(2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.
Marginal note:Attendance required
(3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.
Marginal note:Document verification
(4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).
- SOR/2004-167, s. 17
- SOR/2014-139, s. 2
Marginal note:Issuance of new permanent resident card
(a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;
(b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;
(c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4);
(c.1) in the case of an applicant referred to in paragraph 12.1(m) who is 14 years of age or older, the applicant has provided their biometric information in support of their application; and
(d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.
Marginal note:Issuance of new permanent resident card — effect
(2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.
- SOR/2004-167, s. 18
- SOR/2018-128, s. 5
60 A permanent resident card is revoked if
(a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;
(b) the permanent resident card is lost, stolen or destroyed; or
(c) the permanent resident is deceased.
DIVISION 1.1Collection and Disclosure of Information
Marginal note:Collection of social insurance number
60.1 (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act.
Marginal note:Disclosure of social insurance number
(2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.
- SOR/2015-138, s. 1
DIVISION 2Residency Obligation
Marginal note:Canadian business
(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;
(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and
(c) an organization or enterprise created under the laws of Canada or a province.
(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.
Marginal note:Employment outside Canada
(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to
Marginal note:Accompanying outside Canada
(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.
(5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.
(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age.
- SOR/2009-290, s. 1(E)
- SOR/2014-133, s. 3
- SOR/2017-60, s. 2
- Date modified: