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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 2General Requirements (continued)

DIVISION 2.1Collection and Verification of Biometric Information (continued)

Marginal note:Non-application — persons

  •  (1) Section 10.01 of the Act does not apply to

    • (a) a person who is under the age of 14;

    • (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection;

    • (c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are

      • (i) Her Majesty in right of Canada and any member of the Royal Family, or

      • (ii) a national of the United States;

    • (d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are

      • (i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division,

      • (ii) in Canada and have had refugee protection conferred on them, or

      • (iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class;

    • (e) a person who is a head of state or head of government who makes an application or request referred to in any of paragraphs 12.1(d) to (i);

    • (f) a person who seeks to enter Canada in the course of official duties as a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member;

    • (g) a person who is a family member of a person referred to in paragraph (f);

    • (h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who

      • (i) is travelling by transporter’s vehicle to a destination other than Canada, or

      • (ii) is transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter;

    • (i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or

    • (j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class.

  • Marginal note:Determination of age

    (2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made.

  • (3) [Repealed, SOR/2018-128, s. 3]

  • SOR/2018-128, s. 3

Marginal note:Procedure for collection of biometric information

 For the purposes of section 10.01 of the Act, the procedure for the collection of biometric information is the following:

  • (a) the person who makes a claim, application or request shall present themself at:

    • (i) a location where services for the collection of biometric information are provided by an entity under an agreement or arrangement with the Minister for that purpose, or

    • (ii) at an immigration office, a port of entry or another location, if authorized or directed by an officer to do so, for

      • (A) reasons relating to the national interest,

      • (B) reasons relating to operational requirements, or

      • (C) any other reason that may be necessary in the circumstances; and

  • (b) they shall have their photograph taken — showing the person’s face unobscured by sunglasses or any other object — and fingerprints captured, at any location referred to in subparagraph (a)(i) or (ii), for the collection of the following information:

    • (i) photograph, and

    • (ii) fingerprints.

  • SOR/2018-128, s. 3

Marginal note:Processing of biometric information

 For the purposes of section 10.01 of the Act, a biometric template may be created, and the information collected under paragraph 12.3(b) may be converted into a digital biometric format by using the template.

  • SOR/2018-128, s. 3

Marginal note:Verification of biometric information — procedure

 For the purposes of section 10.01 of the Act, the procedure for the verification of biometric information to be followed by a person who has made a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is that, on seeking to enter Canada and when directed by an officer or by alternative means of examination referred to in paragraph 38(b), the person shall provide the information listed in subparagraphs 12.3(b)(i) and (ii) by means of an electronic device made available for that purpose, in order to verify the biometric information that they provided under paragraph 12.3(b).

  • SOR/2018-128, s. 3

Marginal note:Exemption — multiple applications or requests

 A person who makes more than one application or request before providing their biometric information referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information more than once with respect to those applications or requests.

  • SOR/2018-128, s. 3

Marginal note:Exemption — biometric information previously provided

  •  (1) Subject to section 12.9, a person who makes an application or request referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information under section 10.01 of the Act if

    • (a) they had already provided it — under subsection 12.1(1) of the Immigration and Refugee Protection Regulations as they read immediately before the coming into force of this paragraph — in support of an application referred to in that subsection, within the 10-year period before the day on which they make the current application;

    • (b) they had already provided it — under section 10.01 of the Act — in support of an application or request referred to in any of paragraphs 12.1(d) to (i), within the 10-year period before the day on which they make the current application or request; or

    • (c) subject to subsection (2), they had already provided it under section 10.01 of the Act when they made a claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) and that claim or application is still pending on the day on which they make an application or request referred to in any of paragraphs 12.1(d) to (i).

  • Marginal note:Limitation

    (2) Paragraph (1)(c) ceases to apply on the latest of the expiry dates of any work permit or study permit — including any renewal of them — any temporary resident visa or any temporary resident permit having an expiry date that was issued to the person if that person made the application for the permit or visa during the processing of their claim or application, referred to in any of paragraphs 12.1(a) to (c) or (j) to (l), and the claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) is refused.

  • SOR/2018-128, s. 3

Marginal note:Exemption — collection of biometric information impossible or not feasible

 A person who makes a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is not required to provide, with respect to the claim, application or request in question, the information referred to in subparagraph 12.3(b)(i) or (ii), as the case may be, if the collection is impossible or not feasible.

  • SOR/2018-128, s. 3

Marginal note:Exception

 Paragraph 12.7(1)(b) does not apply to

  • (a) a person referred to in paragraph 12.7(1)(b) who was exempted under section 12.8 from providing certain biometric information for a reason relating to a temporary situation if the situation no longer exists; and

  • (b) a person referred to in paragraph 12.7(1)(c).

  • SOR/2018-128, s. 3

Marginal note:Clarification

 For greater certainty, despite sections 12.7 to 12.9, a person may choose to provide their biometric information under section 10.01 of the Act in support of their claim, application or request.

  • SOR/2018-128, s. 3

DIVISION 3Documents and Certified Copies

Marginal note:Production of documents

  •  (1) Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met

    • (a) by producing the original document;

    • (b) by producing a certified copy of the original document; or

    • (c) in the case of an application, if there is an application form on the Department’s website, by completing and producing the form printed from the website or by completing and submitting the form on-line, if the website indicates that the form can be submitted on-line.

  • Marginal note:Exception

    (2) Unless these Regulations provide otherwise, a passport, a permanent resident visa, a permanent resident card, a temporary resident visa, a temporary resident permit, a work permit or a study permit may be produced only by producing the original document.

 
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