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Immigration and Refugee Protection Regulations

Version of section 2 from 2014-06-01 to 2014-07-31:


Marginal note:Interpretation

 The definitions in this section apply in these Regulations.

Act

Loi

Act means the Immigration and Refugee Protection Act. (Loi)

administration fee

frais administratifs

administration fee means an administration fee that represents a portion of the total average costs incurred by Her Majesty in right of Canada in respect of foreign nationals referred to in subsection 279(1), and includes the costs relating to

  • (a) examinations;

  • (b) detention;

  • (c) investigations and admissibility hearings in respect of inadmissible foreign nationals;

  • (d) fingerprinting, photographing and the verification of documents with other governments and national or international police agencies;

  • (e) translation and interpretation; and

  • (f) proceedings before the Immigration Division. (frais administratifs)

agent

mandataire

agent includes

  • (a) for the purposes of section 148 of the Act, any person in Canada who provides services as a representative of a vehicle owner, a vehicle operator or a charterer; and

  • (b) for the purposes of paragraph 148(1)(d) of the Act, in addition to the person referred to in paragraph (a), a travel agent, a charterer, and an operator or owner of a reservation system. (mandataire)

authorized representative

authorized representative[Repealed, SOR/2011-129, s. 1]

Canadian citizen

citoyen canadien

Canadian citizen means a citizen referred to in subsection 3(1) of the Citizenship Act. (citoyen canadien)

Canadian Language Benchmarks

Canadian Language Benchmarks

Canadian Language Benchmarks means, for the English language, the Canadian Language Benchmarks: English as a Second Language for Adults developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Canadian Language Benchmarks)

commercial transporter

transporteur commercial

commercial transporter means a transporter who operates a commercial vehicle. (transporteur commercial)

commercial vehicle

véhicule commercial

commercial vehicle means a vehicle that is used by a commercial transporter for commercial purposes. (véhicule commercial)

conjugal partner

partenaire conjugal

conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. (partenaire conjugal)

Department

ministère

Department means the Department of Citizenship and Immigration. (ministère)

dependent child

enfant à charge

dependent child, in respect of a parent, means a child who

  • (a) has one of the following relationships with the parent, namely,

    • (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

    • (ii) is the adopted child of the parent; and

  • (b) is in one of the following situations of dependency, namely,

    • (i) is less than 22 years of age and not a spouse or common-law partner,

    • (ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student

      • (A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and

      • (B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or

    • (iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)

guardianship

guardianship [Repealed, SOR/2005-61, s. 1]

Hague Convention on Adoption

Convention sur l’adoption

Hague Convention on Adoption means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995. (Convention sur l’adoption)

Indian

Indien

Indian means any person registered as an Indian under the Indian Act. (Indien)

in-flight security officer

agent de sécurité aérien

in-flight security officer means a person who is on board a commercial passenger aircraft and whose duty it is to protect the passengers and the members of the crew as well as the aircraft itself. (agent de sécurité aérien)

in-transit passenger

passager en transit

in-transit passenger means a person who arrives by aircraft at a Canadian airport from any country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada. (passager en transit)

in-transit preclearance passenger

passager en transit bénéficiant d’un précontrôle

in-transit preclearance passenger means an in-transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act. (passager en transit bénéficiant d’un précontrôle)

live-in caregiver

aide familial

live-in caregiver means a person who resides in and provides child care, senior home support care or care of the disabled without supervision in the private household in Canada where the person being cared for resides. (aide familial)

marriage

mariage

marriage, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law. (mariage)

minimum necessary income

revenu vital minimum

minimum necessary income means the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number to the total number of the following persons:

  • (a) a sponsor and their family members,

  • (b) the sponsored foreign national, and their family members, whether they are accompanying the foreign national or not, and

  • (c) every other person, and their family members,

    • (i) in respect of whom the sponsor has given or co-signed an undertaking that is still in effect, and

    • (ii) in respect of whom the sponsor’s spouse or common-law partner has given or co-signed an undertaking that is still in effect, if the sponsor’s spouse or common-law partner has co-signed with the sponsor the undertaking in respect of the foreign national referred to in paragraph (b). (revenu vital minimum)

Minister

ministre

Minister means the Minister referred to in section 4 of the Act. (ministre)

National Occupational Classification

Classification nationale des professions

National Occupational Classification means the National Occupational Classification developed by the Department of Employment and Social Development and Statistics Canada, as amended from time to time. (Classification nationale des professions)

Niveaux de compétence linguistique canadiens

Niveaux de compétence linguistique canadiens

Niveaux de compétence linguistique canadiens means, for the French language, the Niveaux de compétence linguistique canadiens : français langue seconde pour adultes developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Niveaux de compétence linguistique canadiens)

officer

agent

officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)

port of entry

point d’entrée

port of entry means

  • (a) a place set out in Schedule 1; and

  • (b) a place designated by the Minister under section 26 as a port of entry, on the dates and during the hours of operation designated for that place by the Minister. (point d’entrée)

relative

membre de la parenté

relative means a person who is related to another person by blood or adoption. (membre de la parenté)

social assistance

assistance sociale

social assistance means any benefit in the form of money, goods or services provided to or on behalf of a person by a province under a program of social assistance, including a program of social assistance designated by a province to provide for basic requirements including food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care, including dental care and eye care. (assistance sociale)

sterile transit area

espace de transit isolé

sterile transit area means an area in an airport where in-transit passengers, in-transit preclearance passengers or goods that are in transit or precontrolled are physically separated from other passengers and goods. (espace de transit isolé)

“study permit”

permis d’études

study permit means a written authorization to engage in academic, professional, vocational or other education or training in Canada that is issued by an officer to a foreign national. (permis d’études)

transporter

transporteur

transporter means

  • (a) a person who owns, operates, charters or manages a vehicle or a fleet of vehicles and an agent for that person;

  • (b) a person who owns or operates an international tunnel or bridge and an agent for that person; or

  • (c) a designated airport authority within the meaning of subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act and an agent for that authority. (transporteur)

vehicle

véhicule

vehicle means a means of transportation that may be used for transportation by water, land or air. (véhicule)

vessel

bâtiment

vessel means a vessel within the meaning of section 2 of the Canada Shipping Act. (bâtiment)

work

travail

work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. (travail)

work permit

permis de travail

work permit means a written authorization to work in Canada issued by an officer to a foreign national. (permis de travail)

  • SOR/2004-59, s. 1
  • SOR/2004-167, s. 1
  • SOR/2005-61, s. 1
  • SOR/2010-172, s. 5
  • SOR/2010-253, s. 1
  • SOR/2011-129, s. 1
  • SOR/2012-274, s. 1
  • 2013, c. 40, s. 237
  • SOR/2014-14, s. 2
  • SOR/2014-140, s. 2(F)
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