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

Regulations are current to 2019-11-19 and last amended on 2019-08-15. Previous Versions

PART 2General Requirements (continued)

DIVISION 1Documents Required Before Entry (continued)

Marginal note:Work permit

  •  (1) A foreign national may not enter Canada to work without first obtaining a work permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit

  •  (1) A foreign national may not enter Canada to study without first obtaining a study permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.

DIVISION 1.1Use of Electronic Means

Marginal note:Electronic means

  •  (1) Despite section 10, when an application, request or claim is made, a document or information is submitted electronically, or a signature by electronic means is provided, it must be made, submitted or provided using the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Supporting documents for electronic applications

    (2) When an application, request or claim is made by electronic means, any required information, documents or evidence of payment required in these Regulations must be submitted by the same means.

  • SOR/2019-174, s. 1

Marginal note:Application by electronic means

 The following applications must be made by the electronic means made available or specified by the Minister for that purpose:

  • (a) an application for an extension of an authorization to remain in Canada as a temporary resident;

  • (b) an application that is made in Canada for a work or study permit or for renewal of such a permit;

  • (c) an application for the restoration of temporary resident status;

  • (d) an application that is made pursuant to a youth mobility arrangement entered into by Canada.

  • SOR/2019-174, s. 1

Marginal note:Deemed receipt by the Minister

  •  (1) Any application, request, claim, document or information sent by a foreign national, or an individual or an entity using electronic means is deemed to have been received by the Minister at the time and on the date indicated by the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Deemed receipt by recipient

    (2) Any notice, request, decision, determination, document or information sent by the Minister using electronic means is deemed to have been received by the intended recipient at the time and on the date it was sent by the Minister as indicated by the electronic means that is used or specified by the Minister for that purpose.

  • SOR/2019-174, s. 1

Marginal note:Exception — use of other means

 Despite other provisions of these Regulations, the Minister may require a foreign national, or an individual or an entity to make an application, request or claim, submit any document or information or provide a signature by any other means made available or specified by the Minister for that purpose if the Minister determines that

  • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

  • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

  • SOR/2019-174, s. 1

Marginal note:Disability

 A foreign national or an individual who, because of a disability is unable to meet a requirement to make an application, request or claim, submit any document or provide a signature or information using electronic means, may do so by any other means that is made available or specified by the Minister for that purpose.

  • SOR/2019-174, s. 1

Marginal note:Payment of fees

  •  (1) Any fees to be paid or evidence of payment of fees referred to in these Regulations must be paid or provided by the electronic means that is made available or specified by the Minister for that purpose except in the following circumstances:

    • (a) if services for the collection of payment are provided by an entity under an agreement or arrangement with Canada for that purpose; or

    • (b) if fees may be paid at a port of entry by other means.

  • Marginal note:Payment in exceptional circumstances

    (2) Despite subsection (1), the required fees may be paid or evidence of payment provided by any other means that is made available or specified by the Minister for that purpose if the Minister determines that

    • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

    • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

  • Marginal note:Deemed receipt

    (3) Any fee paid by electronic means is deemed to be paid on the date and at the time recorded by the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Exception — disability

    (4) A foreign national or an individual who, because of a disability is unable to pay the required fees referred to in subsection (1) by electronic means, may do so by other means that is made available or specified by the Minister for that purpose.

  • SOR/2019-174, s. 1

DIVISION 2Applications

Marginal note:Form and content of application

  •  (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

    • (a) be made in writing using the form, if any, provided by the Department or, in the case of an application for a declaration of relief under subsection 42.1(1) of the Act, by the Canada Border Services Agency;

    • (b) be signed by the applicant;

    • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

    • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

    • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

  • Marginal note:Required information

    (2) The application shall, unless otherwise provided by these Regulations,

    • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

    • (b) indicate whether they are applying for a visa, permit or authorization;

    • (c) indicate the class prescribed by these Regulations for which the application is made;

    • (c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

    • (c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

    • (c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

    • (c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

    • (d) include a declaration that the information provided is complete and accurate.

  • Marginal note:Exception — adoption

    (2.1) An application to sponsor and the accompanying application for permanent residence for a person described in paragraph 117(1)(b) involving an international adoption or another person referred to in paragraph 117(1)(g) can be submitted without the information referred to in paragraph 10(2)(a) concerning that person but that information must be provided before the application is approved.

  • Marginal note:Clarification

    (2.1) For greater certainty, neither the information referred to in subparagraphs 12.3(b)(i) and (ii) nor the fee referred to in section 315.1 form part of the application.

  • Marginal note:Application of family members

    (3) The application is considered to be an application made for the principal applicant and their accompanying family members.

  • Marginal note:Application — sponsorship

    (4) An application made by a foreign national as a member of the family class must be accompanied by a sponsorship application referred to in paragraph 130(1)(c).

  • Marginal note:Multiple applications

    (5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

  • Marginal note:Invalid sponsorship application

    (6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

  • SOR/2004-59, s. 2
  • SOR/2004-167, s. 5
  • SOR/2011-129, s. 2
  • SOR/2012-225, s. 1
  • SOR/2017-38, s. 1
  • SOR/2018-128, s. 1
  • SOR/2019-174, s. 2
 
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