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Immigration and Refugee Protection Regulations

Version of section 12.2 from 2018-12-31 to 2023-11-23:


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

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