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

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 5Permanent Residents (continued)

DIVISION 1Permanent Resident Cards (continued)

Marginal note:Issuance of new permanent resident card

  •  (1) An officer shall, on application, issue a new permanent resident card if

    • (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to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;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

Marginal note:Revocation

 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

  •  (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

  •  (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

    • (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

      • (i) that is capable of generating revenue and is carried on in anticipation of profit, and

      • (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

    • (c) an organization or enterprise created under the laws of Canada or a province.

  • Marginal note:Exclusion

    (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

    • (a) a position outside Canada;

    • (b) an affiliated enterprise outside Canada; or

    • (c) a client of the Canadian business or the public service outside Canada.

  • 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.

  • Marginal note:Compliance

    (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.

  • Marginal note:Child

    (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

Marginal note:Calculation — residency obligation

  •  (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

    • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

    • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

  • Marginal note:Exception

    (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

  • SOR/2014-139, s. 3(F)

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

 A temporary resident permit is valid until any one of the following events occurs:

  • (a) the permit is cancelled under subsection 24(1) of the Act;

  • (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

  • (c) the period of validity specified on the permit expires; or

  • (d) a period of three years elapses from its date of validity.

DIVISION 4Permit Holders Class

Marginal note:Permit holder class

 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

  • SOR/2004-167, s. 19(E)

Marginal note:Member of class

 A foreign national is a permit holder and a member of the permit holder class if

  • (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

  • (b) they have continuously resided in Canada as a permit holder for a period of

    • (i) at least three years, if they

      • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

      • (B) are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

      • (C) are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

        • (I) under subsection 38(1) of the Act, or

        • (II) under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

    • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

  • (c) they have not become inadmissible on any ground since the permit was issued; and

  • (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

  • SOR/2004-167, s. 20
  • SOR/2014-269, ss. 6, 7
 
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