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Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2020-11-17 and last amended on 2020-04-30. Previous Versions

Marginal note:Canadian business

  •  (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 under 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, child means a child who is not a spouse or common-law partner and is less than 22 years of age.

  • SOR/2009-290, s. 1(E)
  • SOR/2014-133, s. 3
  • SOR/2017-60, s. 2
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