Immigration and Refugee Protection Regulations

Marginal note:Non-application — ports of entry other than land ports of entry

• 159.4 (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at

  • (a) subject to subsection (1.1), a location that is not a port of entry;

  • (b) a port of entry that is a harbour port, including a ferry landing; or

  • (c) subject to subsection (2), a port of entry that is an airport.

• Marginal note:Exception — land border other than ports of entry

  (1.1) Paragraph 101(1)(e) of the Act applies to a claimant who enters Canada at a location along the Canada – United States land border — including the waters along or across that border — that is not a port of entry and makes a claim for refugee protection less than 14 days after the day on which the claimant enters Canada unless the claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant.

• Marginal note:In transit exception

  (2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.