Immigration and Refugee Protection Regulations

Marginal note:Canadian business

• 61 (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

  • (a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

  • (b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

    • (i) that is capable of generating revenue and is carried on in anticipation of profit, and

    • (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

  • (c) an organization or enterprise created by the laws of Canada or a province.

• Marginal note:Exclusion

  (2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

• Marginal note:Employment outside Canada

  (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to

  • (a) a position outside Canada;

  • (b) an affiliated enterprise outside Canada; or

  • (c) a client of the Canadian business or the public service outside Canada.

• Marginal note:Accompanying outside Canada

  (4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

• Marginal note:Compliance

  (5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

• Marginal note:Child

  (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, a child means a child of a parent referred to in those subparagraphs, who is not and has never been a spouse or common-law partner and is less than 22 years of age.