PART 1Interpretation and Application

DIVISION 1Interpretation

Marginal note:Definitions

• 1 (1) The definitions in this subsection apply in the Act and in these Regulations.

  common-law partner

  conjoint de fait

  common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  excessive demand

  fardeau excessif

  excessive demand means

  • (a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or

  • (b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents. (fardeau excessif)

  health services

  services de santé

  health services means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care. (services de santé)

  social services

  services sociaux

  social services means any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,

  • (a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and

  • (b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies. (services sociaux)

  student

  étudiant

  student means a person who is authorized by a study permit or these Regulations to engage in studies in Canada and who is studying or intends to study in Canada. (étudiant)

  studies

  études

  studies means studies undertaken at a university or college, or any course of academic, professional or vocational training. (études)

  study permit

  permis d’études

  study permit means a written authorization to engage in studies in Canada issued by an officer to a foreign national. (permis d’études)

• Marginal note:Interpretation — common-law partner

  (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

• Definition of family member

  (3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than sections 159.1 and 159.5, family member in respect of a person means

  • (a) the spouse or common-law partner of the person;

  • (b) a dependent child of the person or of the person’s spouse or common-law partner; and

  • (c) a dependent child of a dependent child referred to in paragraph (b).

Marginal note:Interpretation

2 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)

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 published by the Department of Human Resources and Skills Development, as amended from time to time. (Classification nationale des professions)

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)

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)

Marginal note:Interpretation — member of a crew

• 3 (1) For the purposes of these Regulations,

  • (a) member of a crew means a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew, but does not include

    • (i) any person whose fare is waived in exchange for work to be performed during the voyage or trip,

    • (ii) any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada,

    • (iii) any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or members of the crew, or

    • (iv) any in-flight security officer; and

  • (b) a person ceases to be a member of a crew if

    • (i) they have deserted;

    • (ii) an officer believes on reasonable grounds that they have deserted;

    • (iii) they have been hospitalized and have failed to return to the means of transportation or leave Canada after leaving the hospital, or

    • (iv) they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties.

• Marginal note:Interpretation — adoption

  (2) For the purposes of these Regulations, adoption, for greater certainty, means an adoption that creates a legal parent-child relationship and severs the pre-existing legal parent-child relationship.

DIVISION 2Family Relationships

Marginal note:Bad faith

• 4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

  • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

  • (b) is not genuine.

• Marginal note:Adopted children

  (2) A foreign national shall not be considered an adopted child of a person if the adoption

  • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

  • (b) did not create a genuine parent-child relationship.

• Marginal note:Sponsorship of adopted children

  (3) Subsection (2) does not apply to adoptions referred to in paragraph 117(1)(g) and subsections 117(2) and (4).

Marginal note:New relationship

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

Marginal note:Excluded relationships

5 For the purposes of these Regulations, a foreign national shall not be considered

• (a) the spouse or common-law partner of a person if the foreign national is under the age of 16 years; or

• (b) the spouse of a person if

  • (i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

  • (ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person.

PART 2General Requirements

DIVISION 1Documents Required Before Entry

Marginal note:Permanent resident

6 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.

Marginal note:Temporary resident

• 7 (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a foreign national who

  • (a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;

  • (b) holds a temporary resident permit issued under subsection 24(1) of the Act; or

  • (c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada.

• Marginal note:When certificat d’acceptation du Québec required

  (3) In addition to any visa required under this section, a foreign national who is seeking to enter and remain in Canada on a temporary basis to receive medical treatment in the Province of Quebec must hold a certificat d’acceptation du Québec if the laws of that Province require the foreign national to hold that document.

Marginal note:Work permit

• 8 (1) A foreign national may not enter Canada to work without first obtaining a work permit.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit

• 9 (1) A foreign national may not enter Canada to study without first obtaining a study permit.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.

DIVISION 2Applications

Marginal note:Form and content of application

• 10 (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

  • (a) be made in writing using the form provided by the Department, if any;

  • (b) be signed by the applicant;

  • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

  • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

  • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

• Marginal note:Required information

  (2) The application shall, unless otherwise provided by these Regulations,

  • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

  • (b) indicate whether they are applying for a visa, permit or authorization;

  • (c) indicate the class prescribed by these Regulations for which the application is made;

  • (c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

  • (c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

  • (c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

  • (c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

  • (d) include a declaration that the information provided is complete and accurate.

• Marginal note:Application of family members

  (3) The application is considered to be an application made for the principal applicant and their accompanying family members.

• Marginal note:Sponsorship application

  (4) An application made by a foreign national as a member of the family class must be preceded or accompanied by a sponsorship application referred to in paragraph 130(1)(c).

• Marginal note:Multiple applications

  (5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

• Marginal note:Invalid sponsorship application

  (6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

Marginal note:Place of application for permanent resident visa

• 11 (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves

  • (a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or

  • (b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

• Marginal note:Place of application for temporary resident visa, work permit or study permit

  (2) An application for a temporary resident visa — or an application for a work permit or study permit that under these Regulations must be made outside of Canada — must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application,

  • (a) the country in which the applicant is present and has been lawfully admitted; or

  • (b) the applicant’s country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.

• Marginal note:Applications to remain in Canada as permanent residents

  (3) An application to remain in Canada as a permanent resident as a member of one of the classes referred to in section 65 or subsection 72(2), and an application to remain in Canada under subsection 21(2) of the Act, must be made to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

• Marginal note:Applications for permanent resident cards

  (4) An applicant for a permanent resident card must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

• Marginal note:Sponsorship applications

  (5) A person who applies to sponsor a foreign national, other than a foreign national who is making an application for a permanent resident visa under Division 1 of Part 8, must send the application to the Department’s Case Processing Centre in Canada that serves the applicant’s place of habitual residence.

Marginal note:Return of application

12 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it shall be returned to the applicant.

DIVISION 3Documents and Certified Copies

Marginal note:Production of documents

• 13 (1) Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met

  • (a) by producing the original document;

  • (b) by producing a certified copy of the original document; or

  • (c) in the case of an application, if there is an application form on the Department’s website, by completing and producing the form printed from the website or by completing and submitting the form on-line, if the website indicates that the form can be submitted on-line.

• Marginal note:Exception

  (2) Unless these Regulations provide otherwise, a passport, a permanent resident visa, a permanent resident card, a temporary resident visa, a temporary resident permit, a work permit or a study permit may be produced only by producing the original document.

DIVISION 4Disclosure of Information

Marginal note:Authorized disclosure

13.1 If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Department, the Canada Border Services Agency or the Board, as the case may be, may disclose the following information to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

• (a) any information referred to in paragraphs 10(2)(c.1) to (c.3); and

• (b) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

DIVISION 5Designated Body — Information Requirements

Marginal note:General requirement

• 13.2 (1) A body that is designated under subsection 91(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

  • (a) its most recent annual report;

  • (b) its most recent financial statement and the auditor’s report on that financial statement;

  • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

  • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

  • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

  • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time it provided them to the Minister in accordance with this section;

  • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

  • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

  • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

  • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

  • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

  • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them, during its last completed fiscal year;

  • (m) the name and membership number of each of its members;

  • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time it provided them to the Minister in accordance with this section;

  • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

  • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

  • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time it provided that information to the Minister in accordance with this section;

  • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person during its last completed fiscal year, as well as the name of the person;

  • (s) any training requirements that it imposes on its members; and

  • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

    • (i) the professional qualifications required of trainers,

    • (ii) the identification of the mandatory courses from among those on offer,

    • (iii) any evaluation methods and applicable completion standards, and

    • (iv) the name and professional qualifications of each trainer.

• Marginal note:Special requirement

  (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the documents or information set out in the notice.

• Marginal note:Redacted information

  (3) The information and documents set out in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

• Marginal note:Electronic means

  (4) Despite subsection 13(1), any information or document set out in subsection (1) or (2) may be provided to the Minister by electronic means.

PART 3Inadmissibility

Marginal note:Application of par. 34(1)(c) of the Act

14 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact:

• (a) a determination by the Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

• (b) a decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.

Marginal note:Application of par. 35(1)(a) of the Act

15 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact:

• (a) a decision concerning the foreign national or permanent resident that is made by any international criminal tribunal that is established by resolution of the Security Council of the United Nations, or the International Criminal Court as defined in the Crimes Against Humanity and War Crimes Act;

• (b) a determination by the Board, based on findings that the foreign national or permanent resident has committed a war crime or a crime against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

• (c) a decision by a Canadian court under the Criminal Code or the Crimes Against Humanity and War Crimes Act concerning the foreign national or permanent resident and a war crime or crime against humanity committed outside Canada.

Marginal note:Application of par. 35(1)(b) of the Act

16 For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official in the service of a government is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes

• (a) heads of state or government;

• (b) members of the cabinet or governing council;

• (c) senior advisors to persons described in paragraph (a) or (b);

• (d) senior members of the public service;

• (e) senior members of the military and of the intelligence and internal security services;

• (f) ambassadors and senior diplomatic officials; and

• (g) members of the judiciary.

Marginal note:Prescribed period

17 For the purposes of paragraph 36(3)(c) of the Act, the prescribed period is five years

• (a) after the completion of an imposed sentence, in the case of matters referred to in paragraphs 36(1)(b) and (2)(b) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act; and

• (b) after committing an offence, in the case of matters referred to in paragraphs 36(1)(c) and (2)(c) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.

Marginal note:Rehabilitation

• 18 (1) For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is a prescribed class.

• Marginal note:Members of the class

  (2) The following persons are members of the class of persons deemed to have been rehabilitated:

  • (a) persons who have been convicted outside Canada of no more than one offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,

    • (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,

    • (ii) at least 10 years have elapsed since the day after the completion of the imposed sentence,

    • (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

    • (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (v) the person has not within the last 10 years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and

    • (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act;

  • (b) persons convicted outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if all of the following conditions apply, namely,

    • (i) at least five years have elapsed since the day after the completion of the imposed sentences,

    • (ii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

    • (iii) the person has not within the last five years been convicted in Canada of an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (iv) the person has not within the last five years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (v) the person has not before the last five years been convicted in Canada of more than one summary conviction offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (vi) the person has not been convicted of an offence referred to in paragraph 36(2)(b) of the Act that, if committed in Canada, would constitute an indictable offence, and

    • (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act; and

  • (c) persons who have committed no more than one act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,

    • (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,

    • (ii) at least 10 years have elapsed since the day after the commission of the offence,

    • (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

    • (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (v) the person has not within the last 10 years been convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and

    • (vii) the person has not been convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.

Marginal note:Prescribed class

• 18.1 (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of the Act.

• Marginal note:Exemption

  (2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences.

Marginal note:Transborder crime

19 For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed:

• (a) the Criminal Code;

• (b) the Immigration and Refugee Protection Act;

• (c) the Firearms Act;

• (d) the Customs Act; and

• (e) the Controlled Drugs and Substances Act.

Marginal note:Assessment of inadmissibility on health grounds

20 An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 29 to 34 and the officer concluded that the foreign national’s health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand.

Marginal note:Financial reasons

21 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.

Marginal note:Misrepresentation

22 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act.

Marginal note:Prescribed circumstances — family members

23 For the purposes of paragraph 42(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

• (a) the foreign national has made an application for a permanent resident visa or to remain in Canada as a permanent resident; and

• (b) the non-accompanying family member is

  • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

  • (ii) the common-law partner of the foreign national,

  • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

  • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.

Marginal note:Exception to excessive demand

24 For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

• (a) in respect of the sponsor, their conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or

• (b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.

PART 4Procedures

DIVISION 1Visa Issuance

Marginal note:When unenforced removal order

25 A visa shall not be issued to a foreign national who is subject to an unenforced removal order.

DIVISION 2Authorization to Enter Canada

Marginal note:Designation of ports of entry

26 The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation:

• (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration;

• (b) the need for the Department’s services in that area;

• (c) the operational requirements of commercial transporters; and

• (d) administrative arrangements with other departments or agencies of the Government of Canada.

Marginal note:Obligation on entry

• 27 (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry.

• Marginal note:Seeking entry at a place other than a port of entry

  (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place.

• Marginal note:Refused entry elsewhere

  (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.

DIVISION 3Conduct of Examination

General

Marginal note:Examination

28 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by

• (a) submitting an application in writing;

• (b) seeking to enter Canada;

• (c) seeking to transit through Canada as provided in section 35; or

• (d) making a claim for refugee protection.

Marginal note:Medical examination

29 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:

• (a) physical examination;

• (b) mental examination;

• (c) review of past medical history;

• (d) laboratory test;

• (e) diagnostic test; and

• (f) medical assessment of records respecting the applicant.

Marginal note:Exemptions from medical examination requirement

• 30 (1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are exempt from the requirement to submit to a medical examination:

  • (a) foreign nationals other than

    • (i) subject to paragraph (g), foreign nationals who are applying for a permanent resident visa or applying to remain in Canada as a permanent resident, as well as their family members, whether accompanying or not,

    • (ii) foreign nationals who are seeking to work in Canada in an occupation in which the protection of public health is essential,

    • (iii) foreign nationals who

      • (A) are seeking to enter Canada or applying for renewal of their work or study permit or authorization to remain in Canada as a temporary resident for a period in excess of six consecutive months, including an actual or proposed period of absence from Canada of less than 14 days, and

      • (B) have resided or stayed for a period of six consecutive months, at any time during the one-year period immediately preceding the date that they sought entry or made their application, in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada,

    • (iv) foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act,

    • (v) foreign nationals who claim refugee protection in Canada, and

    • (vi) foreign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection 112(1) of the Act, other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected;

  • (b) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

  • (c) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

  • (d) a member of the armed forces of a country that is a designated state as defined in the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

  • (e) a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident;

  • (f) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada; and

  • (g) a foreign national who has applied for permanent resident status and is a member of the live-in caregiver class.

• Marginal note:Subsequent examination

  (2) Every foreign national who has undergone a medical examination as required under paragraph 16(2)(b) of the Act must submit to a new medical examination before entering Canada if, after being authorized to enter and remain in Canada, they have resided or stayed for a total period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

• Marginal note:Medical certificate

  (3) Every foreign national who must submit to a medical examination, as required under paragraph 16(2)(b) of the Act, and who seeks to enter Canada must hold a medical certificate — based on the most recent medical examination to which they were required to submit under that paragraph and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.

Marginal note:Public health

31 Before concluding whether a foreign national’s health condition is likely to be a danger to public health, an officer who is assessing the foreign national’s health condition shall consider

• (a) any report made by a health practitioner or medical laboratory with respect to the foreign national;

• (b) the communicability of any disease that the foreign national is affected by or carries; and

• (c) the impact that the disease could have on other persons living in Canada.

Marginal note:Conditions

32 In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any foreign national who is required to submit to a medical examination under paragraph 16(2)(b) of the Act:

• (a) to report at the specified times and places for medical examination, surveillance or treatment; and

• (b) to provide proof, at the specified times and places, of compliance with the conditions imposed.

Marginal note:Public safety

33 Before concluding whether a foreign national’s health condition is likely to be a danger to public safety, an officer who is assessing the foreign national’s health condition shall consider

• (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

• (b) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada.

Marginal note:Excessive demand

34 Before concluding whether a foreign national’s health condition might reasonably be expected to cause excessive demand, an officer who is assessing the foreign national’s health condition shall consider

• (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

• (b) any condition identified by the medical examination.

Marginal note:Transit

• 35 (1) Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada:

  • (a) in airports where there are United States’ in-transit preclearance facilities, in-transit preclearance passengers; and

  • (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area.

• Marginal note:Obligatory examination

  (2) Any person seeking to leave a sterile transit area must appear immediately for examination.

Marginal note:Actions not constituting a complete examination

36 An inspection carried out aboard a means of transportation bringing persons to Canada or the questioning of persons embarking on or disembarking from a means of transportation, or the examination of any record or document respecting such persons before they appear for examination at a port of entry, is part of an examination but does not constitute a complete examination.

Marginal note:End of examination

37 The examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when

• (a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;

• (b) if the person is an in-transit passenger, the person departs from Canada;

• (c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or

• (d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.

Alternative Means of Examination

Marginal note:Means

38 For the purposes of subsection 18(1) of the Act, the following persons may — unless otherwise directed by an officer — be examined by the means indicated as alternative to appearing for an examination by an officer at a port of entry:

• (a) persons who have previously been examined and hold an authorization issued under section 11.1 of the Customs Act, in which case examination is effected by the presentation of the authorization by those persons at a port of entry;

• (b) persons who are seeking to enter Canada at a port of entry where facilities are in place for automatic screening of persons seeking to enter Canada, in which case examination is performed by automatic screening;

• (c) persons who leave Canada and proceed directly to a marine installation or structure to which the Oceans Act applies, and who return directly to Canada from the installation or structure without entering the territorial waters of a foreign state, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (d) members of a crew of a ship that transports oil or liquid natural gas and that docks at a marine installation or structure to which the Oceans Act applies, for the purpose of loading oil or liquid natural gas, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (e) members of a crew of a ship registered in a foreign country, other than members of a crew referred to in paragraph (d), in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (f) members of a crew of a ship registered in Canada, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (g) citizens or permanent residents of Canada or the United States who are seeking to enter Canada at remote locations where no officer is assigned or where there are no means by which the persons may report for examination, in which case examination is conducted by an officer by telephone or other means of telecommunication; and

• (h) citizens or permanent residents of Canada or the United States who seek to enter Canada at places, other than a port of entry, where no officer is assigned, in which case examination is conducted by an officer by telephone or other means of telecommunication.

Permitted Entry

Marginal note:Entry permitted

39 An officer shall allow the following persons to enter Canada following an examination:

• (a) persons who have been returned to Canada as a result of a refusal of another country to allow them entry after they were removed from or otherwise left Canada after a removal order was made against them;

• (b) persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who, immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order; and

• (c) persons who are in possession of refugee travel papers issued to them by the Minister of Foreign Affairs that are valid for return to Canada.

Conduct of Examination Measures

Marginal note:Direction to leave

• 40 (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada.

• Marginal note:Service

  (2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada.

• Marginal note:Ceasing to have effect

  (3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.

Marginal note:Direct back

41 Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return temporarily to the United States if

• (a) no officer is able to complete an examination;

• (b) the Minister is not available to consider, under subsection 44(2) of the Act, a report prepared with respect to the person; or

• (c) an admissibility hearing cannot be held by the Immigration Division.

Marginal note:Withdrawing application

• 42 (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.

• Marginal note:Exception — report

  (2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister does not make a removal order or refer the report to the Immigration Division for an admissibility hearing.

• Marginal note:Obligation to confirm departure

  (3) A foreign national who is allowed to withdraw their application to enter Canada must appear without delay before an officer at a port of entry to confirm their departure from Canada.

Application of Section 23 of the Act

Marginal note:Conditions

• 43 (1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act:

  • (a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing;

  • (b) to not engage in any work in Canada;

  • (c) to not attend any educational institution in Canada; and

  • (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada.

• Marginal note:Effect of authorization to enter

  (2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident.

Obligation to Appear at an Admissibility Hearing

Marginal note:Class

• 44 (1) The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons.

• Marginal note:Members

  (2) The members of the class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act are the persons who are the subject of such a report.

• Marginal note:Obligation

  (3) Every member of the class prescribed under subsection (1) must appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.

Deposits or Guarantees

Marginal note:Deposit or guarantee required on entry

• 45 (1) An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any conditions imposed.

• Marginal note:Amount

  (2) The amount of the deposit or guarantee is fixed by an officer on the basis of

  • (a) the financial resources of the person or group;

  • (b) the obligations that result from the conditions imposed;

  • (c) the costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and

  • (d) in the case of a guarantee, the costs that would likely be incurred to enforce it.

Marginal note:Application

46 Sections 47 to 49 apply to deposits and guarantees required under subsection 44(3), section 56 and subsection 58(3) of the Act and section 45 of these Regulations.

Marginal note:General requirements

• 47 (1) A person who pays a deposit or posts a guarantee

  • (a) must not have signed or co-signed another guarantee that is in default; and

  • (b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted.

• Marginal note:Requirements if guarantee posted

  (2) A person who posts a guarantee must

  • (a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;

  • (b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and

  • (c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.

• Marginal note:Money illegally obtained

  (3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee.

Marginal note:Conditions if guarantee posted

• 48 (1) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a guarantee is required:

  • (a) to provide the Department with the address of the person posting the guarantee and to advise the Department before any change in that address; and

  • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

• Marginal note:Conditions if deposit paid

  (2) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a deposit is required:

  • (a) to provide the Department with their address and to advise the Department before any change in that address; and

  • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

Marginal note:Acknowledgment of consequences of failure to comply with conditions

• 49 (1) A person who pays a deposit or posts a guarantee must acknowledge in writing

  • (a) that they have been informed of the conditions imposed; and

  • (b) that they have been informed that non-compliance with any conditions imposed will result in the forfeiture of the deposit or enforcement of the guarantee.

• Marginal note:Receipt

  (2) An officer shall issue a receipt for the deposit or a copy of the guarantee, and a copy of the conditions imposed.

• Marginal note:Return of deposit

  (3) The Department shall return the deposit paid on being informed by an officer that the person or group of persons in respect of whom the deposit was required has complied with the conditions imposed.

• Marginal note:Breach of condition

  (4) A sum of money deposited is forfeited, or a guarantee posted becomes enforceable, on the failure of the person or any member of the group of persons in respect of whom the deposit or guarantee was required to comply with a condition imposed.

Documents Required

Marginal note:Documents — permanent residents

• 50 (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold

  • (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;

  • (b) a travel document that was issued by the country of which the foreign national is a citizen or national;

  • (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

  • (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;

  • (e) a passport or travel document that was issued by the Palestinian Authority;

  • (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;

  • (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

  • (i) a passport issued by the United Kingdom to a British Subject.

• Marginal note:Exception — protected persons

  (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).

• (3) [Repealed, SOR/2010-54, s. 1]

Marginal note:Designation of unreliable travel documents

• 50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.

• Marginal note:Factors

  (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:

  • (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and

  • (b) information respecting the security or integrity of the process leading to the issuance of the passport or document.

• Marginal note:Effect of designation

  (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).

• Marginal note:Public notice

  (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).

Marginal note:Examination — permanent residents

51 A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,

• (a) inform the officer if

  • (i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or

  • (ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and

• (b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.

Marginal note:Documents — temporary residents

• 52 (1) In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized for their stay:

  • (a) a passport that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

  • (b) a travel document that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

  • (c) an identity or travel document that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

  • (d) a laissez-passer that was issued by the United Nations;

  • (e) a passport or travel document that was issued by the Palestinian Authority;

  • (f) a document that was issued by the Organization of American States and is entitled “Official Travel Document”;

  • (g) a passport issued by the United Kingdom to a British Overseas Citizen;

  • (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

  • (j) a passport issued by the United Kingdom to a British Subject.

• (1.1) [Repealed, SOR/2003-260, s. 1]

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to

  • (a) citizens of the United States;

  • (b) persons seeking to enter Canada from the United States or St. Pierre and Miquelon who have been lawfully admitted to the United States for permanent residence;

  • (c) residents of Greenland seeking to enter Canada from Greenland;

  • (d) persons seeking to enter Canada from St. Pierre and Miquelon who are citizens of France and residents of St. Pierre and Miquelon;

  • (e) members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act who are seeking entry in order to carry out official duties, other than persons who have been designated as a civilian component of those armed forces;

  • (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or

  • (g) persons seeking to enter Canada as members of a crew who hold a seafarer’s identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada.

• (3) [Repealed, SOR/2010-54, s. 3]

PART 5Permanent Residents

DIVISION 1Permanent Resident Cards

Marginal note:Document indicating status

• 53 (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is

  • (a) provided by the Department to a person who has become a permanent resident under the Act; or

  • (b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.

• Marginal note:Property of Her Majesty

  (2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department’s request.

Marginal note:Period of validity

• 54 (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.

• Marginal note:Exception

  (2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident

  • (a) is subject to the process set out in paragraph 46(1)(b) of the Act;

  • (b) is the subject of a report prepared under subsection 44(1) of the Act;

  • (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or

  • (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

Marginal note:Delivery

55 A permanent resident card shall only be provided or issued in Canada.

• 56 (1) [Repealed, SOR/2008-188, s. 1]

• Marginal note:Application for a card

  (2) An application for a permanent resident card must be made in Canada and include

  • (a) an application form that contains the following information, namely,

    • (i) the applicant’s name and date and place of birth,

    • (ii) the applicant’s gender, height and eye colour,

    • (iii) the date on which and the place where the applicant became a permanent resident,

    • (iv) the applicant’s mailing address,

    • (v) the addresses of all of the applicant’s places of residence during the previous five years,

    • (vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years,

    • (vii) the periods during the previous five years that the applicant was absent from Canada,

    • (viii) [Repealed, SOR/2008-188, s. 1]

    • (ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and

    • (x) whether the applicant has lost their permanent resident status or has been issued a removal order;

  • (b) [Repealed, SOR/2008-188, s. 1]

  • (c) a copy of

    • (i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,

    • (ii) a certificate of identity issued in Canada to the applicant by the Minister of Foreign Affairs, or

    • (iii) refugee travel papers issued in Canada to the applicant by the Minister of Foreign Affairs;

  • (d) a copy of

    • (i) the form IMM1000, entitled “Record of Landing”, held by the applicant,

    • (ii) a provincial driver’s license held by the applicant,

    • (iii) a photo-identity card held by the applicant and issued by a province,

    • (iv) a student card held by the applicant and issued by a provincially accredited college or university, or

    • (v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and

  • (e) two identical photographs that

    • (i) were taken not more than 12 months before the application was made,

    • (ii) [Repealed, SOR/2008-188, s. 1]

    • (iii) are in black and white or colour on paper,

    • (iv) show a full front view of the applicant’s head and shoulders and have a white background,

    • (v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,

    • (vi) show the applicant’s face unobscured by sunglasses or any other object, and

    • (vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).

• (3) [Repealed, SOR/2008-188, s. 1]

Marginal note:Applicants

• 57 (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.

• Marginal note:Minor applicants 14 years of age or more

  (2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless

  • (a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or

  • (b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.

• Marginal note:Minor applicants less than 14 years of age

  (3) The application of a child who is less than 14 years of age must be signed by one of their parents unless

  • (a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or

  • (b) the parents are deceased, in which case the person legally responsible for the child must sign the application.

Marginal note:Providing address within 180 days

• 58 (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after their entry into Canada, their address in Canada and, on the request of an officer,

  • (a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and

  • (b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless

    • (i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or

    • (ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.

• Marginal note:Issuance after 180 days

  (2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.

• Marginal note:Attendance required

  (3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.

• Marginal note:Document verification

  (4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

Marginal note:Issuance of new permanent resident card

• 59 (1) An officer shall, on application, issue a new permanent resident card if

  • (a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;

  • (b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;

  • (c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4); and

  • (d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.

• Marginal note:Issuance of new permanent resident card — effect

  (2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

Marginal note:Revocation

60 A permanent resident card is revoked if

• (a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;

• (b) the permanent resident card is lost, stolen or destroyed; or

• (c) the permanent resident is deceased.

DIVISION 2Residency Obligation

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 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, 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.

Marginal note:Calculation — residency obligation

• 62 (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

  • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

  • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

• Marginal note:Exception

  (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

63 A temporary resident permit is valid until any one of the following events occurs:

• (a) the permit is cancelled under subsection 24(1) of the Act;

• (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

• (c) the period of validity specified on the permit expires; or

• (d) a period of three years elapses from its date of validity.

DIVISION 4Permit Holders Class

Marginal note:Permit holder class

64 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member of class

65 A foreign national is a permit holder and a member of the permit holder class if

• (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

• (b) they have continuously resided in Canada as a permit holder for a period of

  • (i) at least three years, if they

    • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

    • (B) are inadmissible under paragraph 42(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

    • (C) are inadmissible under paragraph 42(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

      • (I) under subsection 38(1) of the Act, or

      • (II) under paragraph 42(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

  • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

• (c) they have not become inadmissible on any ground since the permit was issued; and

• (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

Marginal note:Becoming a permanent resident

• 65.1 (1) A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

  • (a) they have applied to remain in Canada as a permanent resident as a member of that class;

  • (b) they are in Canada to establish permanent residence;

  • (c) they meet the selection criteria and other requirements applicable to that class;

  • (d) they hold

    • (i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

    • (ii) a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and

  • (e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

• Marginal note:Criteria in the Province of Quebec

  (2) For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

• Marginal note:Foreign nationals without a passport or other travel document

  (3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

  • (a) a protected person within the meaning of subsection 95(2) of the Act;

  • (b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

    • (i) no determination has been made to vacate that determination, or

    • (ii) no determination has been made that the person ceased to be a Convention refugee; and

  • (c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

• Marginal note:Alternative documents

  (4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

DIVISION 5Humanitarian and Compassionate Considerations

Marginal note:Request

66 A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa.

Marginal note:Applicant outside Canada

67 If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and

• (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

• (b) the foreign national is not otherwise inadmissible; and

• (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

Marginal note:Applicant in Canada

68 If an exemption from paragraphs 72(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national in Canada who has made the applications referred to in section 66, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements set out in paragraphs 72(1)(b) and (e) and

• (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

• (b) the foreign national is not otherwise inadmissible; and

• (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

Marginal note:Accompanying family member outside Canada

• 69 (1) A foreign national who is an accompanying family member of a foreign national to whom a permanent resident visa is issued under section 67 shall be issued a permanent resident visa if, following an examination, it is established that

  • (a) the accompanying family member is not inadmissible; and

  • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

• Marginal note:Accompanying family member in Canada

  (2) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under section 68 shall become a permanent resident if the accompanying family member is in Canada and, following an examination, it is established that

  • (a) the accompanying family member is not inadmissible; and

  • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

DIVISION 6Permanent Resident Visa

Marginal note:Issuance

• 70 (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

  • (a) the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);

  • (b) the foreign national is coming to Canada to establish permanent residence;

  • (c) the foreign national is a member of that class;

  • (d) the foreign national meets the selection criteria and other requirements applicable to that class; and

  • (e) the foreign national and their family members, whether accompanying or not, are not inadmissible.

• Marginal note:Classes

  (2) The classes are

  • (a) the family class;

  • (b) the economic class, consisting of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class; and

  • (c) the Convention refugees abroad class and the country of asylum class.

• Marginal note:Criteria in the Province of Quebec

  (3) For the purposes of paragraph (1)(d), the selection criterion for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with the provincial selection criteria.

• Marginal note:Accompanying family members

  (4) A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa shall be issued a permanent resident visa if, following an examination, it is established that

  • (a) the accompanying family member is not inadmissible; and

  • (b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the family member complies with the provincial selection criteria.

• Marginal note:Family member

  (5) If a permanent resident visa is not issued to a child as an accompanying family member of a foreign national or the foreign national's spouse or common-law partner, a permanent resident visa shall not be issued to a child of that child as an accompanying family member of the foreign national.

Marginal note:Issuance — particular Quebec selection cases

71 An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that

• (a) the foreign national has applied for a permanent resident visa in accordance with these Regulations, other than paragraph 10(2)(c);

• (b) the foreign national may not be issued a permanent resident visa under subsection 176(2) and is not a member of any class of persons prescribed by these Regulations who may become permanent residents or be issued permanent resident visas;

• (c) the foreign national is named in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, as amended from time to time, is a foreign national in a particularly distressful situation; and

• (d) the foreign national and their family members, whether accompanying or not, are not inadmissible.

DIVISION 7Becoming a Permanent Resident

Marginal note:Foreign nationals outside Canada

• 71.1 (1) A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry.

• Marginal note:Foreign nationals in Canada as temporary residents

  (2) A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.

Marginal note:Obtaining status

• 72 (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that

  • (a) they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2);

  • (b) they are in Canada to establish permanent residence;

  • (c) they are a member of that class;

  • (d) they meet the selection criteria and other requirements applicable to that class;

  • (e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,

    • (i) they and their family members, whether accompanying or not, are not inadmissible,

    • (ii) they hold a document described in any of paragraphs 50(1)(a) to (h), and

    • (iii) they hold a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and

  • (f) in the case of a member of the protected temporary residents class, they are not inadmissible.

• Marginal note:Classes

  (2) The classes are

  • (a) the live-in caregiver class;

  • (b) the spouse or common-law partner in Canada class; and

  • (c) the protected temporary residents class.

• Marginal note:Criteria in the Province of Quebec

  (3) For the purposes of paragraph (1)(d), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident, and who is not a member of the family class or a person whom the Board has determined to be a Convention refugee, is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

• Marginal note:Accompanying family members

  (4) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under this section shall be issued a permanent resident visa or become a permanent resident, as the case may be, if following an examination it is established that

  • (a) the accompanying family member is not inadmissible;

  • (b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

DIVISION 8Condition Applicable to Certain Permanent Residents

Marginal note:Condition

• 72.1 (1) Subject to subsections (5) and (6), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident.

• Marginal note:Permanent resident subject to condition

  (2) For the purpose of subsection (1) and subject to subsection (3), the permanent resident is a person who was a foreign national who

  • (a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable;

  • (b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and

  • (c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c).

• Marginal note:Exclusion

  (3) An application referred to in paragraph (2)(a) does not include one that was received before the day on which this section comes into force.

• Marginal note:Evidence of compliance

  (4) A permanent resident referred to in subsection (1) must provide evidence of their compliance with the condition set out in that subsection to an officer if

  • (a) the officer requests such evidence because they have reason to believe that the permanent resident is not complying or has not complied with the condition; or

  • (b) the officer requests such evidence as part of a random assessment of the overall level of compliance with that condition by the permanent residents who are or were subject to it.

• Marginal note:Exception — sponsor’s death

  (5) The condition set out in subsection (1) ceases to apply in respect of a permanent resident referred to in that subsection if the sponsor dies during the two-year period referred to in that subsection, the permanent resident provides evidence to that effect to an officer and the officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that the permanent resident had continued to cohabit in a conjugal relationship with the sponsor until the sponsor’s death.

• Marginal note:Exception — abuse or neglect

  (6) The condition set out in subsection (1) also ceases to apply in respect of a permanent resident referred to in that subsection if an officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that

  • (a) the permanent resident

    • (i) is not able to meet that condition throughout the two-year period referred to in that subsection because the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, is subjected by the sponsor to any abuse or neglect referred to in subsection (7) during that period, and

    • (ii) continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect; or

  • (b) the permanent resident

    • (i) is not able to meet that condition throughout the two-year period referred to in subsection (1) because the sponsor has failed to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, from any abuse or neglect referred to in subsection (7) during that period by another person who is related to the sponsor, whether that person is residing in the household or not, and

    • (ii) continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect.

• Marginal note:Abuse and neglect

  (7) For the purpose of subsection (6),

  • (a) abuse consists of any of the following:

    • (i) physical abuse, including assault and forcible confinement,

    • (ii) sexual abuse, including sexual contact without consent,

    • (iii) psychological abuse, including threats and intimidation, and

    • (iv) financial abuse, including fraud and extortion; and

  • (b) neglect consists of the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that results in a risk of serious harm.

• Marginal note:Related person

  (8) For the purposes of subsections (6) and (7), a person is related to the permanent resident or the sponsor if they are related to them by birth, adoption, marriage, common-law partnership or conjugal partnership.

Marginal note:Condition — accompanying family members

• 72.2 (1) Subject to subsection (2), a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) is subject to the condition that the permanent resident in respect of whom they were an accompanying family member meets the condition set out in subsection 72.1(1).

• Marginal note:Exception — accompanying family members

  (2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) if the permanent resident in respect of whom they were an accompanying family member is one to whom an exception referred to in subsection 72.1(5) or (6) applies.

Marginal note:Condition — sponsored person and their accompanying family members

• 72.3 (1) Subject to subsection (2), a permanent resident who became a permanent resident after being sponsored, either during or after the period referred to in subsection 72.1(1), by a sponsor who is a permanent resident referred to in that subsection, is subject to the condition that the sponsoring permanent resident meets the condition set out in subsection 72.1(1).

• Marginal note:Exception — sponsored person and their accompanying family members

  (2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident after being sponsored by a permanent resident referred to in subsection 72.1(1), if the sponsoring permanent resident is one in respect of whom an exception referred to in subsection 72.1(5) or (6) applies.

Marginal note:Clarification

72.4 For greater certainty, for the purposes of subsection 27(2) of the Act, a determination as to whether the permanent resident has failed to comply with the condition set out in subsection 72.1(1) may be made during or after the two-year period referred to in subsection 72.1(1).

PART 6Economic Classes

DIVISION 1Skilled Workers

Interpretation

Marginal note:Definitions

73 The following definitions apply in this Division, other than section 87.1.

educational credential

educational credential means any diploma, degree or trade or apprenticeship credential issued on the completion of a program of study or training at an educational or training institution recognized by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue. (diplôme)

former Regulations

former Regulations has the same meaning as in subsection 316(1). (ancien règlement)

restricted occupation

restricted occupation means an occupation designated as a restricted occupation by the Minister, taking into account labour market activity on both an area and a national basis, following consultation with the Department of Human Resources and Skills Development, provincial governments and any other relevant organizations or institutions. (profession d’accès limité)

74 [Repealed, SOR/2008-253, s. 6]

Federal Skilled Workers

Federal Skilled Worker Class

Marginal note:Class

• 75 (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

• Marginal note:Skilled workers

  (2) A foreign national is a skilled worker if

  • (a) within the 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;

  • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

  • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties.

• Marginal note:Minimal requirements

  (3) If the foreign national fails to meet the requirements of subsection (2), the application for a permanent resident visa shall be refused and no further assessment is required.

Marginal note:Selection criteria

• 76 (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

  • (a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,

    • (i) education, in accordance with section 78,

    • (ii) proficiency in the official languages of Canada, in accordance with section 79,

    • (iii) experience, in accordance with section 80,

    • (iv) age, in accordance with section 81,

    • (v) arranged employment, in accordance with section 82, and

    • (vi) adaptability, in accordance with section 83; and

  • (b) the skilled worker must

    • (i) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to half the minimum necessary income applicable in respect of the group of persons consisting of the skilled worker and their family members, or

    • (ii) be awarded the number of points referred to in subsection 82(2) for arranged employment in Canada within the meaning of subsection 82(1).

• Marginal note:Number of points

  (2) The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of

  • (a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;

  • (b) the number of skilled workers projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of skilled workers in Canada.

• Marginal note:Circumstances for officer’s substituted evaluation

  (3) Whether or not the skilled worker has been awarded the minimum number of required points referred to in subsection (2), an officer may substitute for the criteria set out in paragraph (1)(a) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada.

• Marginal note:Concurrence

  (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

Marginal note:Conformity — applicable times

77 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met at the time an application for a permanent resident visa is made as well as at the time the visa is issued.

Selection Grid

Marginal note:Definitions

• 78 (1) The definitions in this subsection apply in this section.

  full-time

  temps plein

  full-time means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. (temps plein)

  full-time equivalent

  équivalent temps plein

  full-time equivalent means, in respect of part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis. (équivalent temps plein)

• Marginal note:Education (25 points)

  (2) A maximum of 25 points shall be awarded for a skilled worker’s education as follows:

  • (a) 5 points for a secondary school educational credential;

  • (b) 12 points for a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full-time or full-time equivalent studies;

  • (c) 15 points for

    • (i) a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 13 years of completed full-time or full-time equivalent studies, or

    • (ii) a one-year university educational credential at the bachelor’s level and a total of at least 13 years of completed full-time or full-time equivalent studies;

  • (d) 20 points for

    • (i) a two-year post-secondary educational credential, other than a university educational credential, and a total of at least 14 years of completed full-time or full-time equivalent studies, or

    • (ii) a two-year university educational credential at the bachelor’s level and a total of at least 14 years of completed full-time or full-time equivalent studies;

  • (e) 22 points for

    • (i) a three-year post-secondary educational credential, other than a university educational credential, and a total of at least 15 years of completed full-time or full-time equivalent studies, or

    • (ii) two or more university educational credentials at the bachelor’s level and a total of at least 15 years of completed full-time or full-time equivalent studies; and

  • (f) 25 points for a university educational credential at the master’s or doctoral level and a total of at least 17 years of completed full-time or full-time equivalent studies.

• Marginal note:Multiple educational achievements

  (3) For the purposes of subsection (2), points

  • (a) shall not be awarded cumulatively on the basis of more than one single educational credential; and

  • (b) shall be awarded

    • (i) for the purposes of paragraphs (2)(a) to (d), subparagraph (2)(e)(i) and paragraph (2)(f), on the basis of the single educational credential that results in the highest number of points, and

    • (ii) for the purposes of subparagraph (2)(e)(ii), on the basis of the combined educational credentials referred to in that paragraph.

• Marginal note:Special circumstances

  (4) For the purposes of subsection (2), if a skilled worker has an educational credential referred to in paragraph (2)(b), subparagraph (2)(c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii) or paragraph (2)(f), but not the total number of years of full-time or full-time equivalent studies required by that paragraph or subparagraph, the skilled worker shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph or subparagraph.

Marginal note:Official languages

• 79 (1) A skilled worker must specify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada and which is to be considered their second official language in Canada and must have their proficiency in those languages assessed by an organization or institution designated under subsection (3).

• Marginal note:Proficiency in English and French (24 points)

  (2) Assessment points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de compétence linguistique canadiens 2006 for the French language, as follows:

  • (a) for the ability to speak, listen, read or write with high proficiency

    • (i) in the first official language, 4 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 8 or higher, and

    • (ii) in the second official language, 2 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 8 or higher;

  • (b) for the ability to speak, listen, read or write with moderate proficiency

    • (i) in the first official language, 2 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 6 or 7, and

    • (ii) in the second official language, 2 points for each of those abilities if the skilled worker’s proficiency corresponds to a benchmark of 6 or 7; and

  • (c) for the ability to speak, listen, read or write

    • (i) with basic proficiency in either official language, 1 point for each of those abilities, up to a maximum of 2 points, if the skilled worker’s proficiency corresponds to a benchmark of 4 or 5, and

    • (ii) with no proficiency in either official language, 0 points if the skilled worker’s proficiency corresponds to a benchmark of 3 or lower.

• Marginal note:Designated organization

  (3) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section and shall, for the purpose of correlating the results of such an assessment by a particular designated organization or institution with the benchmarks referred to in subsection (2), establish the minimum test result required to be awarded for each ability and each level of proficiency in the course of an assessment of language proficiency by that organization or institution in order to meet those benchmarks.

• Marginal note:Conclusive evidence

  (4) The results of an assessment of the language proficiency of a skilled worker by a designated organization or institution and the correlation of those results with the benchmarks in accordance with subsection (3) are conclusive evidence of the skilled worker’s proficiency in the official languages of Canada for the purposes of subsections (1) and 76(1).

Marginal note:Experience (21 points)

• 80 (1) Up to a maximum of 21 points shall be awarded to a skilled worker for full-time work experience, or the full-time equivalent for part-time work experience, within the 10 years preceding the date of their application, as follows:

  • (a) for one year of work experience, 15 points;

  • (b) for two years of work experience, 17 points;

  • (c) for three years of work experience, 19 points; and

  • (d) for four or more years of work experience, 21 points.

• Marginal note:Listed occupation

  (2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

• Marginal note:Occupational experience

  (3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed

  • (a) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification; and

  • (b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.

• Marginal note:Work in excess

  (4) A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall be evaluated as a single period of full-time work experience in a single occupation.

• Marginal note:Classification code

  (5) A skilled worker must specify in their application for a permanent resident visa the four-digit code of the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience.

• Marginal note:Officer’s duty

  (6) An officer is not required to consider occupations that have not been specified in the application.

• Marginal note:Full-time

  (7) For the purposes of this section, full-time work is equivalent to at least 37.5 hours of work per week.

Marginal note:Age (10 points)

81 Points shall be awarded up to a maximum of 10 for a skilled worker's age, as of the date of their application, as follows:

• (a) 10 points for 21 years of age or older but less than 50 years of age;

• (b) 8 points, for 20 or 50 years of age;

• (c) 6 points, for 19 or 51 years of age;

• (d) 4 points, for 18 or 52 years of age;

• (e) 2 points, for 17 or 53 years of age; and

• (f) 0 points, for less than 17 years of age or 54 years of age or older.

Marginal note:Definition — arranged employment

• 82 (1) In this section, arranged employment means an offer of indeterminate employment in Canada.

• Marginal note:Arranged employment (10 points)

  (2) Ten points shall be awarded to a skilled worker for arranged employment in Canada in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix if they are able to perform and are likely to accept and carry out the employment and

  • (a) the skilled worker is in Canada and holds a work permit and

    • (i) there has been a determination by an officer under section 203 that the performance of the employment by the skilled worker would be likely to result in a neutral or positive effect on the labour market in Canada,

    • (ii) the skilled worker is currently working in that employment,

    • (iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and

    • (iv) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker;

  • (b) the skilled worker is in Canada and holds a work permit referred to in paragraph 204(a) or 205(a) or subparagraph 205(c)(ii) and the circumstances referred to in subparagraphs (a)(ii) to (iv) apply;

  • (c) the skilled worker does not intend to work in Canada before being issued a permanent resident visa and does not hold a work permit and

    • (i) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker, and

    • (ii) an officer has approved that offer of employment based on an opinion provided to the officer by the Department of Human Resources and Skills Development at the request of the employer or an officer that

      • (A) the offer of employment is genuine,

      • (B) the employment is not part-time or seasonal employment, and

      • (C) the wages offered to the skilled worker are consistent with the prevailing wage rate for the occupation and the working conditions meet generally accepted Canadian standards; or

  • (d) the skilled worker holds a work permit and

    • (i) the circumstances referred to in subparagraphs (a)(i) to (iv) and paragraph (b) do not apply, and

    • (ii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.

Marginal note:Adaptability (10 points)

• 83 (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

  • (a) for the educational credentials of the skilled worker's accompanying spouse or accompanying common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

  • (b) for any previous period of study in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

  • (c) for any previous period of work in Canada by the skilled worker or the skilled worker's spouse or common-law partner, 5 points;

  • (d) for being related to a person living in Canada who is described in subsection (5), 5 points; and

  • (e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.

• Marginal note:Educational credentials of spouse or common-law partner

  (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of a skilled worker's accompanying spouse or accompanying common-law partner as if the spouse or common-law partner were a skilled worker, and shall award points to the skilled worker as follows:

  • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

  • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

  • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

• Marginal note:Previous study in Canada

  (3) For the purposes of paragraph (1)(b), a skilled worker shall be awarded 5 points if the skilled worker or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

• Marginal note:Previous work in Canada

  (4) For the purposes of paragraph (1)(c), a skilled worker shall be awarded 5 points if they or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

• Marginal note:Family relationships in Canada

  (5) For the purposes of paragraph (1)(d), a skilled worker shall be awarded 5 points if

  • (a) the skilled worker or the skilled worker's accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

    • (i) their father or mother,

    • (ii) the father or mother of their father or mother,

    • (iii) their child,

    • (iv) a child of their child,

    • (v) a child of their father or mother,

    • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

    • (vii) a child of the child of their father or mother; or

  • (b) the skilled worker has a spouse or common-law partner who is not accompanying the skilled worker and is a Canadian citizen or permanent resident living in Canada.

Requirements

84 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

85 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the foreign national is not inadmissible.

Transitional Federal Skilled Workers

Transitional Federal Skilled Worker Class

Marginal note:Class

• 85.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal skilled worker class is hereby prescribed as a class of persons who are transitional skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

• Marginal note:Transitional skilled workers

  (2) A foreign national is a transitional skilled worker if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations, that was

  • (a) refused after March 31, 2003 and before June 20, 2003; or

  • (b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

Marginal note:Application before January 1, 2005

• 85.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal skilled worker class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

• Marginal note:Alternate place of application

  (2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 85.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

Marginal note:Criteria

85.3 For the purpose of determining whether a transitional skilled worker, as a member of the transitional federal skilled worker class, will be able to become economically established in Canada, they must

• (a) be awarded the number of units of assessment required by the former Regulations for a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of those Regulations, other than a self-employed person within the meaning of subsection 2(1) of those Regulations; or

• (b) meet the requirements of subsection 75(2) and paragraph 76(1)(b) of these Regulations and obtain a minimum of 67 points based on the factors set out in paragraph 76(1)(a) of these Regulations.

Requirements

85.4 [Repealed, SOR/2008-253, s. 8]

85.5 [Repealed, SOR/2008-202, s. 2]

Marginal note:Permanent resident status

85.6 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal skilled worker class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

Quebec Skilled Worker Class

Marginal note:Class

• 86 (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

• Marginal note:Member of the class

  (2) A foreign national is a member of the Quebec skilled worker class if they

  • (a) intend to reside in the Province of Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued to them by that Province.

• (3) and (4) [Repealed, SOR/2008-253, s. 9]

• Marginal note:Requirements for accompanying family members

  (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

Provincial Nominee Class

Marginal note:Class

• 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

• Marginal note:Member of the class

  (2) A foreign national is a member of the provincial nominee class if

  • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

  • (b) they intend to reside in the province that has nominated them.

• Marginal note:Substitution of evaluation

  (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

• Marginal note:Concurrence

  (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

• Marginal note:Exclusion

  (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if

  • (a) the nomination was based on the provision of capital by the foreign national; or

  • (b) the foreign national intends to participate in, or has participated in, an immigration-linked investment scheme.

• Marginal note:Exception

  (6) Subsection (5) does not apply if

  • (a) the capital is provided by the foreign national to a business in the province that nominated them, other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains;

  • (b) the foreign national controls or will control

    • (i) a percentage of equity in the business equal to or greater than 33 1/3 per cent, or

    • (ii) an equity investment in the business of at least $1,000,000;

  • (c) the foreign national provides or will provide active and ongoing management of the business from within the province that nominated them; and

  • (d) the terms of the investment in the business do not include a redemption option.

• (7) and (8) [Repealed, SOR/2008-253, s. 10]

• Marginal note:Definitions

  (9) The following definitions apply in this section.

  immigration-linked investment scheme

  projet de placement lié à l’immigration

  immigration-linked investment scheme means a strategy or plan

  • (a) where one of the objectives of the strategy or plan is to facilitate immigration to Canada and one of the objectives of the promoters of the strategy or plan is to raise capital; or

  • (b) where the agreement or arrangement in respect of the strategy or plan was entered into primarily for the purpose of acquiring a status or privilege under the Act. (projet de placement lié à l’immigration)

  percentage of equity

  pourcentage des capitaux propres

  percentage of equity has the same meaning as in subsection 88(1). (pourcentage des capitaux propres)

• Marginal note:Non-application

  (10) Subsections (5), (6) and (9) do not apply in respect of a foreign national who is issued a nomination certificate referred to in paragraph (2)(a) before September 2, 2008.

• Marginal note:Transitional

  (11) Subsections (5) and (6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10).

• Marginal note:Requirements for accompanying family members

  (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that

  • a) the person who made the application has become a permanent resident; and

  • b) the foreign national is not inadmissible.

Canadian Experience Class

Marginal note:Class

• 87.1 (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their experience in Canada and who intend to reside in a province other than the Province of Quebec.

• Marginal note:Member of the class

  (2) A foreign national is a member of the Canadian experience class if

  • (a) they

    • (i) have acquired in Canada within the 24 months before the day on which their application for permanent residence is made at least 12 months of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, and have acquired that work experience after having obtained

      • (A) a diploma, degree or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years’ duration at a public, provincially recognized post-secondary educational or training institution in Canada,

      • (B) a diploma or trade or apprenticeship credential issued on the completion of a program of full-time study or training of at least two years’ duration at a private, Quebec post-secondary institution that operates under the same rules and regulations as public Quebec post-secondary institutions and that receives at least 50 per cent of its financing for its overall operations from government grants, subsidies or other assistance,

      • (C) a degree from a private, provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least two years’ duration, or

      • (D) a graduate degree from a provincially recognized post-secondary educational institution in Canada issued on the completion of a program of full-time study of at least one year’s duration and within two years after obtaining a degree or diploma from an institution referred to in clause (A) or (C), or

    • (ii) have acquired in Canada within the 36 months before the day on which their application for permanent residence is made at least 24 months of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix; and

  • (b) they have had their proficiency in the English or French language assessed by an organization or institution designated under subsection (4) and have obtained proficiencies for their abilities to speak, listen, read and write that correspond to benchmarks, as referred to in Canadian Language Benchmarks 2000 for the English language and Niveaux de compétence linguistique canadiens 2006 for the French language, of

    • (i) in the case of a foreign national who has acquired work experience in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A of the National Occupational Classification matrix,

      • (A) 7 or higher for each of those abilities, or

      • (B) 6 for any one of those abilities, 7 or higher for any other two of those abilities and 8 or higher for the remaining ability, and

    • (ii) in the case of a foreign national who has acquired work experience in one or more occupations that are listed in Skill Level B of the National Occupational Classification matrix,

      • (A) 5 or higher for each of those abilities, or

      • (B) 4 for any one of those abilities, 5 or higher for any other two of those abilities and 6 or higher for the remaining ability.

• Marginal note:Application

  (3) For the purposes of subsection (2),

  • (a) full-time work is equivalent to at least 37.5 hours of work per week;

  • (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience;

  • (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training;

  • (d) the foreign national must have been physically present in Canada for at least two years of their full-time study or training;

  • (e) any period during which the foreign national was engaged in a full-time program of study or training in English or French as a second language — and any period of full-time study or training in respect of which study or training in English or French as a second language amounted to most of the full-time study or training — shall not be included in calculating the period of full-time study or training;

  • (f) any period of study or training during which the foreign national was a recipient of a Government of Canada scholarship or bursary, or participated in an exchange program sponsored by the Government of Canada, a purpose or condition of which was that the foreign national return to their country of origin or nationality on completion of their studies or training shall not be included in calculating the period of full-time study or training; and

  • (g) in the case of a foreign national whose work experience is referred to in both subparagraphs (2)(b)(i) and (ii), the foreign national must obtain a proficiency in the English or French language that corresponds to the benchmarks required for the skill type, as set out in subparagraph (2)(b)(i) or (ii), in which the foreign national has acquired most of their work experience.

• Marginal note:Designated organization

  (4) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section and shall, for the purpose of correlating the results of such an assessment by a particular designated organization or institution with the benchmarks referred to in subsection (2), establish the minimum test result required to be awarded for each ability and each level of proficiency in the course of an assessment of language proficiency by that organization or institution in order to meet those benchmarks.

• Marginal note:Conclusive evidence

  (5) The results of an assessment of the language proficiency of a foreign national by a designated organization or institution and the correlation of those results with the benchmarks in accordance with subsection (4) are conclusive evidence of the foreign national’s proficiency in an official language of Canada for the purposes of this section.

DIVISION 2Business Immigrants

Interpretation

Marginal note:Definitions

• 88 (1) The definitions in this subsection apply in this Division.

  agent

  mandataire

  agent means, in respect of a fund, the Minister acting as an agent on behalf of a fund that has been approved by a province. (mandataire)

  allocation period

  période de placement

  allocation period means, in respect of the provincial allocation of an investor, the period of five years beginning on the first day of the second month after the month in which the agent receives the investment. (période de placement)

  approved fund

  fonds agréé

  approved fund means a fund that is approved by the Minister under section 91. (fonds agréé)

  business experience

  expérience dans l’exploitation d’une entreprise

  business experience, in respect of

  • (a) an investor, other than an investor selected by a province, means a minimum of two years of experience consisting of

    • (i) two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application,

    • (ii) two one-year periods of experience in the management of at least five full-time job equivalents per year in a business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, or

    • (iii) a combination of a one-year period of experience described in subparagraph (i) and a one-year period of experience described in subparagraph (ii);

  • (b) an entrepreneur, other than an entrepreneur selected by a province, means a minimum of two years of experience consisting of two one-year periods of experience in the management of a qualifying business and the control of a percentage of equity of the qualifying business during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application; and

  • (c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. (expérience dans l’exploitation d’une entreprise)

  debt obligation

  titre de créance

  debt obligation has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. (titre de créance)

  entrepreneur

  entrepreneur

  entrepreneur means a foreign national who

  • (a) has business experience;

  • (b) has a legally obtained minimum net worth; and

  • (c) provides a written statement to an officer that they intend and will be able to meet

    • (i) in the case of an entrepreneur selected by a province,

      • (A) if there are provincial conditions that the entrepreneur is required by subsection 98(2) to meet, those conditions, as well as the conditions set out in subsections 98(3) to (5), and

      • (B) if there are no provincial conditions that the entrepreneur is required to meet, the condition set out in paragraph 98(5)(a), and

    • (ii) in the case of any other entrepreneur, the conditions set out in subsections 98(1) and (3) to (5). (entrepreneur)

  entrepreneur selected by a province

  entrepreneur selectionné par une province

  entrepreneur selected by a province means an entrepreneur who

  • (a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of entrepreneurs; and

  • (b) is named in a selection certificate issued to them by that province. (entrepreneur selectionné par une province)

  former Regulations

  ancient règlement

  former Regulations has the same meaning as in subsection 316(1). (ancient règlement)

  full-time job equivalent

  équivalent d’emploi à temps plein

  full-time job equivalent means 1,950 hours of paid employment. (équivalent d’emploi à temps plein)

  fund

  fonds

  fund means a corporation that is controlled by the government of a province and is authorized to create or continue employment in Canada in order to foster the development of a strong and viable economy. (fonds)

  investment

  placement

  investment means, in respect of an investor, a sum of $800,000 that

  • (a) in the case of an investor other than an investor selected by a province, is paid by the investor to the agent for allocation to all approved funds in existence as of the date the allocation period begins and that is not refundable during the period beginning on the day a permanent resident visa is issued to the investor and ending at the end of the allocation period; and

  • (b) in the case of an investor selected by a province, is invested by the investor in accordance with an investment proposal within the meaning of the laws of the province and is not refundable for a period of at least five years, as calculated in accordance with the laws of the province. (placement)

  investor

  investisseur

  investor means a foreign national who

  • (a) has business experience;

  • (b) has a legally obtained net worth of at least $1,600,000; and

  • (c) indicates in writing to an officer that they intend to make or have made an investment. (investisseur)

  investor selected by a province

  investisseur sélectionné par une province

  investor selected by a province means an investor who.

  • (a) intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of investors; and

  • (b) is named in a selection certificate issued to them by that province. (investisseur sélectionné par une province)

  minimum net worth

  avoir net minimal

  minimum net worth means

  • (a) in respect of an entrepreneur, other than an entrepreneur selected by a province, $300,000; and

  • (b) in respect of an entrepreneur selected by a province, the minimum net worth required by the laws of the province. (avoir net minimal)

  net assets

  actif net

  net assets, in respect of a qualifying business or a qualifying Canadian business, means the assets of the business, minus the liabilities of the business, plus shareholder loans made to the business by the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. (actif net)

  net income

  revenu net

  net income, in respect of a qualifying business or a qualifying Canadian business, means the after tax profit or loss of the business plus remuneration by the business to the foreign national who is making or has made an application for a permanent resident visa and their spouse or common-law partner. (revenu net)

  net worth

  avoir net

  net worth, in respect of

  • (a) an investor, other than an investor selected by a province, means the fair market value of all of the assets of the investor and their spouse or common-law partner minus the fair market value of all of their liabilities;

  • (b) an entrepreneur, other than an entrepreneur selected by a province, means the fair market value of all of the assets of the entrepreneur and their spouse or common-law partner minus the fair market value of all of their liabilities; and

  • (c) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the laws of the province and is calculated in accordance with the laws of the province. (avoir net)

  percentage of equity

  pourcentage des capitaux propres

  percentage of equity means

  • (a) in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

  • (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

  • (c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

  provincial allocation

  quote-part provinciale

  provincial allocation means the portion of an investor’s investment in an approved fund calculated in accordance with subsection (2). (quote-part provinciale)

  qualifying business

  entreprise admissible

  qualifying business means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, during the year under consideration, there is documentary evidence of any two of the following:

  • (a) the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than two full-time job equivalents per year;

  • (b) the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000;

  • (c) the percentage of equity multiplied by the net income in the year is equal to or greater than $50,000; and

  • (d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. (entreprise admissible)

  qualifying Canadian business

  entreprise canadienne admissible

  qualifying Canadian business means a business operated in Canada by an entrepreneur — other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains — for which there is in any year within the period of three years after the day the entrepreneur becomes a permanent resident documentary evidence of any two of the following:

  • (a) the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year;

  • (b) the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000;

  • (c) the percentage of equity multiplied by the net income in the year is equal to or greater than $25,000; and

  • (d) the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000. (entreprise canadienne admissible)

  relevant experience

  expérience utile

  relevant experience, in respect of

  • (a) a self-employed person, other than a self-employed person selected by a province, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of

    • (i) in respect of cultural activities,

      • (A) two one-year periods of experience in self-employment in cultural activities,

      • (B) two one-year periods of experience in participation at a world class level in cultural activities, or

      • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),

    • (ii) in respect of athletics,

      • (A) two one-year periods of experience in self-employment in athletics,

      • (B) two one-year periods of experience in participation at a world class level in athletics, or

      • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and

    • (iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm; and

  • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (expérience utile)

  self-employed person

  travailleur autonome

  self-employed person means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. (travailleur autonome)

  self-employed person selected by a province

  travailleur autonome sélectionné par une province

  self-employed person selected by a province means a self-employed person

  • (a) who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for the selection of self-employed persons; and

  • (b) is named in a selection certificate issued to them by that province. (travailleur autonome sélectionné par une province)

  specified economic activities

  activités économiques déterminées

  specified economic activities, in respect of

  • (a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and

  • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (activités économiques déterminées)

• Marginal note:Provincial allocation

  (2) For the purposes of the definition provincial allocation in subsection (1), the provincial allocation shall be calculated as of the first day of the allocation period in accordance with the formula

  A + B

  where

  A

  equals $400,000 divided by the number of approved funds that are not suspended; and

  B

  equals $400,000 multiplied by the gross domestic product at market prices of the province that has approved the non-suspended fund, divided by the total of the gross domestic products at market prices of all of the provinces that have approved a non-suspended fund.

• Marginal note:Gross domestic product

  (3) For the purposes of subsection (2), the gross domestic product is the one for the calendar year before the calendar year that immediately precedes the date of provincial allocation, as set out in the table entitled “Provincial accounts GDP at market prices by province (millions of dollars)” in the Canadian Economic Observer Historical Statistical Supplement, published by Statistics Canada.

Marginal note:Artificial transactions

89 For the purposes of this Division, an investor, an entrepreneur and a self-employed person are not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions the purpose of which is to circumvent, directly or indirectly, the requirements of this Division.

Investors

Investor Class

Marginal note:Members of the class

• 90 (1) For the purposes of subsection 12(2) of the Act, the investor class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are investors within the meaning of subsection 88(1).

• Marginal note:Minimal requirements

  (2) If a foreign national who makes an application as a member of the investor class is not an investor within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Fund

Marginal note:Approval by the Minister

91 The Minister shall approve a fund if

• (a) the fund has been approved by a province;

• (b) the province provides documentation to the Minister stating that, if the fund fails to transfer the provincial allocation to the agent in accordance with paragraph 92(g), the province will be liable to transfer to the agent an amount equal to the provincial allocation in order to repay the investor in accordance with paragraph 92(i);

• (c) the fund will be the only non-suspended approved fund in the province; and

• (d) the fund has entered into an agreement with the Minister designating the Minister as agent for the purpose of

  • (i) receiving the provincial allocation and keeping it until the beginning of the allocation period, unless the provincial allocation is repaid under paragraph 92(b),

  • (ii) transferring the provincial allocation to the approved fund at the beginning of the allocation period in accordance with paragraph 92(d), unless the approval of the fund is suspended under subsection 93(1),

  • (iii) preparing and delivering to the investor a debt obligation and notifying the investor of the date of receipt of the provincial allocation at the beginning of the allocation period in accordance with paragraph 92(e),

  • (iv) receiving the provincial allocation transferred by the approved fund at the end of the allocation period in accordance with paragraph 92(g),

  • (v) if the approved fund fails to transfer the provincial allocation under paragraph 92(g), receiving the provincial allocation from the province in accordance with paragraph 92(h), and

  • (vi) repaying the provincial allocation to the investor in accordance with paragraph 92(i).

Marginal note:Terms and conditions

92 An approved fund is subject to the following terms and conditions:

• (a) it must receive the provincial allocation through the agent;

• (b) it must repay the provincial allocation through the agent to the investor within 90 days after the date of receipt by the agent of the request for repayment by the investor, if the request for repayment is received before a permanent resident visa is issued to the investor;

• (c) it must repay the provincial allocation to the agent within 30 days after the agent informs the fund that the investor has chosen to withdraw their investment before the issuance of a permanent resident visa;

• (d) if the approval of the fund has not been suspended, it must receive the provincial allocation through the agent on the first day of the allocation period;

• (e) when it receives the provincial allocation it must

  • (i) on the first day of the allocation period, issue to the investor, through the agent, a debt obligation that is in an amount equal to the provincial allocation, is due and payable 30 days after the expiry of the allocation period, can be pledged as security and cannot be transferred before the expiry of the allocation period without the written consent of the approved fund provided by the agent, and

  • (ii) notify the investor through the agent of the date of receipt of the provincial allocation;

• (f) during the allocation period, it must use the provincial allocation for the purpose of creating or continuing employment in Canada to foster the development of a strong and viable economy;

• (g) at the end of the allocation period, it must transfer the provincial allocation to the agent for repayment in accordance with paragraph (i);

• (h) if the approved fund fails to transfer the provincial allocation to the agent under paragraph (g), the province must transfer an amount equal to the provincial allocation to the agent for repayment in accordance with paragraph (i); and

• (i) 30 days after the expiry of the allocation period, the agent must repay the provincial allocation to the investor thereby extinguishing the debt obligation in respect of that provincial allocation.

Marginal note:Suspension

• 93 (1) The Minister shall suspend the approval of a fund if

  • (a) the province that approved the fund withdraws its approval;

  • (b) the fund no longer qualifies as a fund within the meaning of subsection 88(1);

  • (c) the documentation provided by the province to the Minister in accordance with paragraph 91(b) is no longer valid and no valid documentation has been provided by the province to replace it;

  • (d) the agreement between the fund and the Minister referred to in paragraph 91(d) is no longer valid; or

  • (e) the fund is not in compliance with the terms and conditions set out in section 92.

• Marginal note:Lifting of suspension

  (2) The Minister shall lift the suspension if the circumstances that gave rise to the suspension cease to exist.

Marginal note:Revocation

94 The Minister shall revoke the approval of a fund if

• (a) the approved fund has repaid the provincial allocation to all of its investors; and

• (b) the approval of the fund has been suspended.

Marginal note:Reports

95 Every approved fund must submit to the Minister, until all investors in that fund have been repaid in accordance with paragraph 92(i), the following periodic reports for the purpose of demonstrating compliance with paragraph 92(f):

• (a) a quarterly report on the use of provincial allocations, including

  • (i) the names of the recipients of the portion of the provincial allocations invested,

  • (ii) a description of and the terms of the security received for that investment,

  • (iii) the date on which the portion of the provincial allocations is invested,

  • (iv) the date on which the portion of the provincial allocations invested is recovered by the approved fund,

  • (v) a brief description of the use of the portion of the provincial allocations invested,

  • (vi) the number of full-time job equivalents created by the portion of the provincial allocations invested, and

  • (vii) the code for each recipient of the investment as set out in the Canadian Standard Industrial Classification for Companies and Enterprises, 1980; and

• (b) audited annual financial statements for the approved fund, submitted within 180 days after the end of each financial year.

Investor Selected by a Province

Marginal note:Exception

96 A foreign national who is an investor selected by a province shall not be assessed in accordance with section 102.

Entrepreneurs

Entrepreneur Class

Marginal note:Members of the class

• 97 (1) For the purposes of subsection 12(2) of the Act, the entrepreneur class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are entrepreneurs within the meaning of subsection 88(1).

• Marginal note:Minimal requirements

  (2) If a foreign national who makes an application as a member of the entrepreneur class is not an entrepreneur within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Conditions

Marginal note:Permanent residence

• 98 (1) Subject to subsection (2), an entrepreneur who becomes a permanent resident must meet the following conditions:

  • (a) the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent;

  • (b) the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and

  • (c) the entrepreneur must create at least one incremental full-time job equivalent in the qualifying Canadian business for Canadian citizens or permanent residents, other than the entrepreneur and their family members.

• Marginal note:Conditions — par. 9(1)(d) of the Act

  (2) If at the time an entrepreneur selected by a province provides the written statement referred to in paragraph (c) of the definition entrepreneur in subsection 88(1) the province has established the conditions required to be met by such an entrepreneur, that statement must refer to those conditions instead of the conditions set out in subsection (1) and the entrepreneur must meet those conditions instead of the conditions set out in subsection (1).

• Marginal note:Applicable time

  (3) The entrepreneur must meet the conditions for a period of at least one year within the period of three years after the day on which the entrepreneur becomes a permanent resident.

• Marginal note:Evidence of compliance

  (4) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day on which the entrepreneur becomes a permanent resident.

• Marginal note:Report and evidence of efforts to comply

  (5) An entrepreneur must provide to an officer

  • (a) not later than six months after the day on which the entrepreneur becomes a permanent resident, their residential address and telephone number; and

  • (b) during the period beginning 18 months after and ending 24 months after the day on which the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.

• Marginal note:Family members

  (6) The family members of an entrepreneur are subject to the condition that the entrepreneur meets the conditions set out or referred to in this section.

• Marginal note:Non-application

  (7) If, at the time that a province issues a selection certificate to an entrepreneur, there are no provincial conditions that must be met by the entrepreneur,

  • (a) the entrepreneur is not required to meet the conditions set out in paragraphs (1)(a) to (c); and

  • (b) subsections (2) to (4), paragraph (5)(b) and subsection (6) do not apply in respect of the entrepreneur.

Entrepreneur Selected by a Province

Marginal note:Exception

99 A foreign national who is an entrepreneur selected by a province shall not be assessed in accordance with section 102.

Self-employed Persons

Self-employed Persons Class

Marginal note:Members of the class

• 100 (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within the meaning of subsection 88(1).

• Marginal note:Minimal requirements

  (2) If a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Self-employed Person Selected by a Province

Marginal note:Exception

101 A foreign national who is a self-employed person selected by a province shall not be assessed in accordance with section 102.

Selection Criteria

General

Marginal note:Criteria

• 102 (1) For the purpose of determining whether a foreign national, as a member of the investor class, the entrepreneur class or the self-employed persons class, and the foreign national's family members will be able to become economically established in Canada, an officer shall assess that foreign national on the basis of the following factors:

  • (a) age, in accordance with section 81, on the same basis as for skilled workers;

  • (b) education, in accordance with section 78, on the same basis as for skilled workers;

  • (c) proficiency in the official languages of Canada, in accordance with section 79, on the same basis as for skilled workers;

  • (d) experience, in accordance with section 103; and

  • (e) adaptability, in accordance with section 104 in the case of a member of the investor class or the entrepreneur class, and in accordance with section 105 in the case of a member of the self-employed persons class.

• Marginal note:Units of assessment

  (2) A foreign national who is assessed on the basis of the factors set out in paragraphs (1)(a) to (e) shall be awarded the applicable number of assessment points for each factor set out in the provision referred to in each of those paragraphs, subject to the maximum number set out in that provision for that factor.

Experience

Marginal note:Investor

• 103 (1) A member of the investor class shall be awarded assessment points up to a maximum of 35 points for business experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

  • (a) for two one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for a combination of two one-year periods of such experience, 20 points;

  • (b) for three one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for any combination of three one-year periods of such experience, 25 points;

  • (c) for four one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for any combination of four one-year periods of such experience, 30 points; and

  • (d) for five one-year periods of experience described in subparagraph (a)(i) or (ii) of the definition business experience in subsection 88(1) or for any combination of five one-year periods of such experience, 35 points.

• Marginal note:Entrepreneur

  (2) A member of the entrepreneur class shall be awarded assessment points up to a maximum of 35 points for business experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

  • (a) for two one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 20 points;

  • (b) for three one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 25 points;

  • (c) for four one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 30 points; and

  • (d) for five one-year periods of experience described in paragraph (b) of the definition business experience in subsection 88(1), 35 points.

• Self-employed person

  (3) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

  • (a) 20 points for

    • (i) two one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience,

    • (ii) two one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience, or

    • (iii) two one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

  • (b) 25 points for

    • (i) three one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience,

    • (ii) three one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience, or

    • (iii) three one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

  • (c) 30 points for

    • (i) four one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience,

    • (ii) four one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience, or

    • (iii) four one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); and

  • (d) 35 points for

    • (i) five one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience,

    • (ii) five one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience, or

    • (iii) five one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1).

Adaptability

Marginal note:Investor and entrepreneur

104 A member of the investor class or the entrepreneur class shall be awarded assessment points up to a maximum of six points for adaptability on the basis of the following elements:

• (a) for a business exploration trip to Canada in the period beginning five years before the date of their application for a permanent resident visa and ending on the day on which a determination is made in respect of the application, 6 points; and

• (b) for participation in joint federal-provincial business immigration initiatives, 6 points.

Marginal note:Self-employed person

• 105 (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements:

  • (a) for the educational credentials of the member’s accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

  • (b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points;

  • (c) for any previous period of work in Canada by the member, 5 points; and

  • (d) for being related to a person living in Canada who is described in subsection (5), 5 points.

• Marginal note:Educational credentials of spouse or common-law partner

  (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows:

  • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

  • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

  • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

• Marginal note:Previous study in Canada

  (3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, by the age of 17 or older, completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

• Marginal note:Previous work in Canada

  (4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

• Marginal note:Family relationships in Canada

  (5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if

  • (a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

    • (i) their father or mother,

    • (ii) the father or mother of their father or mother,

    • (iii) their child,

    • (iv) a child of their child,

    • (v) a child of their father or mother,

    • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

    • (vii) a child of the child of their father or mother; or

  • (b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada.

Requirements

106 [Repealed, SOR/2008-202, s. 6]

Marginal note:Permanent resident status

107 A foreign national who is an accompanying family member of a person who makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the foreign national is not inadmissible.

Selection

Marginal note:Application for visa

• 108 (1) Subject to subsection (5), if a foreign national makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class for a permanent resident visa, an officer shall issue the visa to the foreign national and their accompanying family members if

  • (a) the foreign national and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act and these Regulations;

  • (b) where the foreign national and their accompanying family members intend to reside in a place in Canada other than a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (2), (3) or (4), as the case may be, and, if they are a member of the investor class, they have made an investment; and

  • (c) where the foreign national and their accompanying family members intend to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister whereby the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province and, if the foreign national is a member of the investor class, they have made an investment.

• Marginal note:Minimum points — investors

  (2) The Minister shall fix and make available to the public the minimum number of points required of an investor, on the basis of

  • (a) the number of applications made by members of the investor class currently being processed;

  • (b) the number of investors projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of investors in Canada.

• Marginal note:Minimum points — entrepreneurs

  (3) The Minister shall fix and make available to the public the minimum number of points required of an entrepreneur, on the basis of

  • (a) the number of applications by members of the entrepreneur class currently being processed;

  • (b) the number of entrepreneurs projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of entrepreneurs in Canada.

• Marginal note:Minimum points — self-employed persons

  (4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of

  • (a) the number of applications by members of the self-employed persons class currently being processed;

  • (b) the number of self-employed persons projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (c) the potential, taking into account economic and other relevant factors, for the establishment of self-employed persons in Canada.

• Marginal note:Federal-provincial agreement

  (5) A permanent resident visa shall not be issued to an investor selected by a province, or to that investor's accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.

Marginal note:Substitution of evaluation

• 109 (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

• Marginal note:Concurrence

  (2) An evaluation made under subsection (1) requires the concurrence of a second officer.

Transitional Federal Investors, Entrepreneurs and Self-employed Persons

Transitional Federal Business Classes

Marginal note:Classes

• 109.1 (1) For the purposes of subsection 12(2) of the Act, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class are hereby prescribed as classes of persons who are transitional investors, transitional entrepreneurs or transitional self-employed persons, respectively, and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

• Marginal note:Transitional federal business immigrants

  (2) A foreign national is a transitional investor, a transitional entrepreneur or a transitional self-employed person if they made an application before January 1, 2002 under the former Regulations for an immigrant visa as an investor, an entrepreneur or a self-employed person, respectively, within the meaning of subsection 2(1) of those Regulations that was

  • (a) refused after March 31, 2003 and before June 20, 2003; or

  • (b) withdrawn by the foreign national on or after January 1, 2002 and before December 1, 2003.

Marginal note:Application before January 1, 2005

• 109.2 (1) Subject to subsection (2), an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class must be made in accordance with sections 10 and 11 and must be received by the applicable immigration office referred to in subsection 11(1) not later than December 31, 2004.

• Marginal note:Alternate place of application

  (2) An application referred to in subsection (1) may be made to the immigration office at the location where the application referred to in subsection 109.1(2) was made, instead of to the immigration office referred to in subsection 11(1).

Marginal note:Criteria

109.3 For the purpose of determining whether

• (a) a transitional investor, as a member of the transitional federal investor class, will be able to become economically established in Canada, they must be

  • (i) an investor within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an investor, or

  • (ii) an investor within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the investor class;

• (b) a transitional entrepreneur, as a member of the transitional federal entrepreneur class, will be able to become economically established in Canada, they must be

  • (i) an entrepreneur within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for an entrepreneur, or

  • (ii) an entrepreneur within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the entrepreneur class; and

• (c) a transitional self-employed person, as a member of the transitional federal self-employed persons class, will be able to become economically established in Canada, they must be

  • (i) a self-employed person within the meaning of subsection 2(1) of the former Regulations and be awarded the number of units of assessment required by those Regulations for a self-employed person, or

  • (ii) a self-employed person within the meaning of subsection 88(1) and obtain a minimum of 35 points based on the factors set out in subsection 102(1) to become a permanent resident as a member of the self-employed persons class.

Requirements

109.4 [Repealed, SOR/2008-202, s. 7]

Marginal note:Permanent resident status

109.5 A foreign national who is a family member of a person who makes an application for a permanent resident visa as a member of the transitional federal investor class, the transitional federal entrepreneur class or the transitional federal self-employed persons class shall become a permanent resident if, following an examination, it is established that the family member is not inadmissible.

DIVISION 3Live-in Caregivers

Marginal note:Live-in caregiver class

110 The live-in caregiver class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Processing

111 A foreign national who seeks to enter Canada as a live-in caregiver must make an application for a work permit in accordance with Part 11 and apply for a temporary resident visa if such a visa is required by Part 9.

Marginal note:Work permits — requirements

112 A work permit shall not be issued to a foreign national who seeks to enter Canada as a live-in caregiver unless they

• (a) applied for a work permit as a live-in caregiver before entering Canada;

• (b) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada;

• (c) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely,

  • (i) successful completion of six months of full-time training in a classroom setting, or

  • (ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit;

• (d) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and

• (e) have an employment contract with their future employer.

Marginal note:Permanent residence

• 113 (1) A foreign national becomes a member of the live-in caregiver class if

  • (a) they have submitted an application to remain in Canada as a permanent resident;

  • (b) they are a temporary resident;

  • (c) they hold a work permit as a live-in caregiver;

  • (d) they entered Canada as a live-in caregiver and for at least two of the four years immediately following their entry or, alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years,

    • (i) resided in a private household in Canada, and

    • (ii) provided child care, senior home support care or care of a disabled person in that household without supervision;

  • (e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;

  • (f) they did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training or experience; and

  • (g) where they intend to reside in the Province of Quebec, the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

• Marginal note:Calculation

  (2) For the purposes of paragraph (1)(d),

  • (a) the periods of two years and 3,900 hours may be in respect of more than one employer or household, but may not be in respect of more than one employer or household at a time; and

  • (b) the 3,900 hours are not to include more than 390 hours of overtime.

Marginal note:Family members — requirement

114 The requirement with respect to a family member of a live-in caregiver applying to remain in Canada as a permanent resident is that the family member was included in the live-in caregiver’s application to remain in Canada as a permanent resident at the time the application was made.

Marginal note:Family members — permanent residence

114.1 A foreign national who is a family member of a live-in caregiver who makes an application to remain in Canada as a permanent resident shall become a permanent resident if, following an examination, it is established that

• (a) the live-in caregiver has become a permanent resident; and

• (b) the foreign national is not inadmissible.

Marginal note:Conformity — applicable times

115 The applicable requirements set out in sections 112 to 114.1 must be met when an application for a work permit or temporary resident visa is made, when the permit or visa is issued and when the foreign national becomes a permanent resident.

PART 7Family Classes

DIVISION 1Family Class

Marginal note:Family class

116 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

• 117 (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is

  • (a) the sponsor’s spouse, common-law partner or conjugal partner;

  • (b) a dependent child of the sponsor;

  • (c) the sponsor’s mother or father;

  • (d) the mother or father of the sponsor’s mother or father;

  • (e) [Repealed, SOR/2005-61, s. 3]

  • (f) a person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and who is

    • (i) a child of the sponsor’s mother or father,

    • (ii) a child of a child of the sponsor’s mother or father, or

    • (iii) a child of the sponsor’s child;

  • (g) a person under 18 years of age whom the sponsor intends to adopt in Canada if

    • (i) the adoption is not being entered into primarily for the purpose of acquiring any status or privilege under the Act,

    • (ii) where the adoption is an international adoption and the country in which the person resides and their province of intended destination are parties to the Hague Convention on Adoption, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and

    • (iii) where the adoption is an international adoption and either the country in which the person resides or the person’s province of intended destination is not a party to the Hague Convention on Adoption

      • (A) the person has been placed for adoption in the country in which they reside or is otherwise legally available in that country for adoption and there is no evidence that the intended adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and

      • (B) the competent authority of the person’s province of intended destination has stated in writing that it does not object to the adoption; or

  • (h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father

    • (i) who is a Canadian citizen, Indian or permanent resident, or

    • (ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

• Marginal note:Adoption — under 18

  (2) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was under the age of 18 shall not be considered a member of the family class by virtue of the adoption unless

  • (a) the adoption was in the best interests of the child within the meaning of the Hague Convention on Adoption; and

  • (b) the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.

• Marginal note:Best interests of the child

  (3) The adoption referred to in subsection (2) is considered to be in the best interests of a child if it took place under the following circumstances:

  • (a) a competent authority has conducted or approved a home study of the adoptive parents;

  • (b) before the adoption, the child’s parents gave their free and informed consent to the child’s adoption;

  • (c) the adoption created a genuine parent-child relationship;

  • (d) the adoption was in accordance with the laws of the place where the adoption took place;

  • (e) the adoption was in accordance with the laws of the sponsor’s place of residence and, if the sponsor resided in Canada at the time the adoption took place, the competent authority of the child’s province of intended destination has stated in writing that it does not object to the adoption;

  • (f) if the adoption is an international adoption and the country in which the adoption took place and the child’s province of intended destination are parties to the Hague Convention on Adoption, the competent authority of the country and of the province have stated in writing that they approve the adoption as conforming to that Convention; and

  • (g) if the adoption is an international adoption and either the country in which the adoption took place or the child’s province of intended destination is not a party to the Hague Convention on Adoption, there is no evidence that the adoption is for the purpose of child trafficking or undue gain within the meaning of that Convention.

• Marginal note:Adoption — over 18

  (4) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was 18 years of age or older shall not be considered a member of the family class by virtue of that adoption unless it took place under the following circumstances:

  • (a) the adoption was in accordance with the laws of the place where the adoption took place and, if the sponsor resided in Canada at the time of the adoption, the adoption was in accordance with the laws of the province where the sponsor then resided, if any, that applied in respect of the adoption of a child 18 years of age or older;

  • (b) a genuine parent-child relationship existed at the time of the adoption and existed before the child reached the age of 18; and

  • (c) the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.

• (5) and (6) [Repealed, SOR/2005-61, s. 3]

• Marginal note:Provincial statement

  (7) If a statement referred to in clause (1)(g)(iii)(B) or paragraph (3)(e) or (f) has been provided to an officer by the competent authority of the foreign national’s province of intended destination, that statement is, except in the case of an adoption that was entered into primarily for the purpose of acquiring any status or privilege under the Act, conclusive evidence that the foreign national meets the following applicable requirements:

  • (a) [Repealed, SOR/2005-61, s. 3]

  • (b) in the case of a person referred to in paragraph (1)(g), the requirements set out in clause (1)(g)(iii)(A); and

  • (c) in the case of a person referred to in paragraph (1)(b) who is an adopted child described in subsection (2), the requirements set out in paragraphs (3)(a) to (e) and (g).

• Marginal note:New evidence

  (8) If, after the statement is provided to the officer, the officer receives evidence that the foreign national does not meet the applicable requirements set out in paragraph (7)(b) or (c) for becoming a member of the family class, the processing of their application shall be suspended until the officer provides that evidence to the competent authority of the province and that authority confirms or revises its statement.

• Marginal note:Excluded relationships

  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

  • (a) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner and is under 16 years of age;

  • (b) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

  • (c) the foreign national is the sponsor’s spouse and

    • (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or

    • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

      • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

      • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or

  • (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

• Marginal note:Exception

  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

• Marginal note:Application of par. (9)(d)

  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,

  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

• Definition of former Act

  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act.

Marginal note:Medical condition

118 A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the sponsor has provided a statement in writing confirming that they have obtained information about the medical condition of the child or of the foreign national.

Marginal note:Withdrawal of sponsorship application

119 A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member.

Marginal note:Approved sponsorship application

120 For the purposes of Part 5,

• (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and

• (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirements

121 The requirements with respect to a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 are the following:

• (a) the person is a family member of the applicant or of the sponsor both at the time the application is made and, without taking into account whether the person has attained 22 years of age, at the time of the determination of the application;

• (b) [Repealed, SOR/2004-167, s. 42]

Marginal note:Requirements for accompanying family members

122 A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the family member is not inadmissible.

DIVISION 2Spouse or Common-Law Partner in Canada Class

Marginal note:Class

123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

• (b) have temporary resident status in Canada; and

• (c) are the subject of a sponsorship application.

Marginal note:Excluded relationships

• 125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

  • (a) the foreign national is the sponsor’s spouse or common-law partner and is under 16 years of age;

  • (b) the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

  • (c) the foreign national is the sponsor’s spouse and

    • (i) the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or

    • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

      • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

      • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or

  • (d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

• Marginal note:Exception

  (2) Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

• Marginal note:Application of par. (1)(d)

  (3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,

  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

• Definition of former Act

  (4) In subsection (2), former Act has the same meaning as in section 187 of the Act.

Marginal note:Withdrawal of sponsorship application

126 A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

Marginal note:Approved sponsorship application

127 For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirement

128 The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:

• (a) the person is a family member of the applicant both at the time the application is made and, without taking into account whether the person has attained 22 years of age, at the time of the determination of the application; and

• (b) at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.

Marginal note:Requirements for accompanying family members

129 A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that

• (a) the person who made the application has become a permanent resident; and

• (b) the family member is not inadmissible.

DIVISION 3Sponsors

Marginal note:Sponsor

• 130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

  • (a) is at least 18 years of age;

  • (b) resides in Canada; and

  • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

• Marginal note:Sponsor not residing in Canada

  (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

• Marginal note:Five-year requirement

  (3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor

  • (a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or

  • (b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen.

Marginal note:Sponsorship undertaking

131 The sponsor’s undertaking shall be given

• (a) to the Minister; or

• (b) if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the province to determine and apply financial criteria with respect to sponsorship and the administration of sponsorship undertakings, to the competent authority of the province.

Marginal note:Undertaking — duration

• 132 (1) Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of the sponsored foreign national and their family members during the period

  • (a) beginning

    • (i) if the foreign national enters Canada with a temporary resident permit, on the day of that entry,

    • (ii) if the foreign national is in Canada, on the day on which the foreign national obtains a temporary resident permit following an application to remain in Canada as a permanent resident, and

    • (iii) in any other case, on the day on which the foreign national becomes a permanent resident; and

  • (b) ending

    • (i) if the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

    • (ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age when they become a permanent resident, on the earlier of

      • (A) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident, and

      • (B) the day on which the foreign national reaches 25 years of age,

    • (iii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older when they become a permanent resident, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident; and

    • (iv) if the foreign national is a person other than a person referred to in subparagraph (i), (ii) or (iii), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

• Marginal note:Undertaking to province — duration

  (2) In the case of an undertaking to a competent authority of a province referred to in paragraph 131(b), the period referred to in subsection (1) shall end not later than

  • (a) if the foreign national is a dependent child and is less than 22 years of age on the day on which they become a permanent resident, the later of

    • (i) the day on which they reach 22 years of age, and

    • (ii) the last day of the period of 10 years following the day they become a permanent resident; and

  • (b) if the foreign national is a person other than a dependent child and is less than 22 years of age on the day on which they become a permanent resident, on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

• Marginal note:Undertaking to province — alternate duration

  (3) Notwithstanding subsection (2), the period referred to in subsection (1) shall end on the day provided for by the laws of the province if that day is earlier than the later of the days referred to in subsection (2).

• Marginal note:Agreement

  (4) Subject to paragraph 137(c), if the person is to be sponsored as a member of the family class or of the spouse or common-law partner in Canada class and is at least 22 years of age, or is less than 22 years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes

  • (a) a statement by the sponsor and the co-signer, if any, that they will provide for the basic requirements of the person and their accompanying family members during the applicable period referred to in subsection (1);

  • (b) a declaration by the sponsor and the co-signer, if any, that their financial obligations do not prevent them from honouring their agreement with the person and their undertaking to the Minister in respect of the person’s application; and

  • (c) a statement by the person that they will make every reasonable effort to provide for their own basic requirements as well as those of their accompanying family members.

• Marginal note:Co-signature — undertaking

  (5) Subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case,

  • (a) the sponsor’s income shall be calculated in accordance with paragraph 134(1)(b) or (c); and

  • (b) the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.

Marginal note:Requirements for sponsor

• 133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

  • (a) is a sponsor as described in section 130;

  • (b) intends to fulfil the obligations in the sponsorship undertaking;

  • (c) is not subject to a removal order;

  • (d) is not detained in any penitentiary, jail, reformatory or prison;

  • (e) has not been convicted under the Criminal Code of

    • (i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,

    • (i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or

    • (ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons:

      • (A) a current or former family member of the sponsor,

      • (B) a relative of the sponsor, as well as a current or former family member of that relative,

      • (C) a relative of the family member of the sponsor, or a current or former family member of that relative,

      • (D) a current or former conjugal partner of the sponsor,

      • (E) a current or former family member of a family member or conjugal partner of the sponsor,

      • (F) a relative of the conjugal partner of the sponsor, or a current or former family member of that relative,

      • (G) a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner,

      • (H) a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative, or

      • (I) someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person;

  • (f) has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (e);

  • (g) subject to paragraph 137(c), is not in default of

    • (i) any undertaking, or

    • (ii) any support payment obligations ordered by a court;

  • (h) is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada;

  • (i) subject to paragraph 137(c), is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;

  • (j) if the sponsor resides

    • (i) in a province other than a province referred to in paragraph 131(b), has a total income that is at least equal to the minimum necessary income, and

    • (ii) in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph; and

  • (k) is not in receipt of social assistance for a reason other than disability.

• Marginal note:Exception — conviction in Canada

  (2) Despite paragraph (1)(e), a sponsorship application may not be refused

  • (a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or

  • (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

• Marginal note:Exception — conviction outside Canada

  (3) Despite paragraph (1)(f), a sponsorship application may not be refused

  • (a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or

  • (b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated.

• Marginal note:Exception to minimum necessary income

  (4) Paragraph (1)(j) does not apply if the sponsored person is

  • (a) the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children;

  • (b) the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

  • (c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

• Marginal note:Adopted sponsor

  (5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application.

Marginal note:Income calculation rules

• 134 (1) For the purpose of subparagraph 133(1)(j)(i), the total income of the sponsor shall be determined in accordance with the following rules:

  • (a) the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the date of filing of the sponsorship application;

  • (b) if the sponsor produces a document referred to in paragraph (a), the sponsor’s income is the income earned as reported in that document less the amounts referred to in subparagraphs (c)(i) to (v);

  • (c) if the sponsor does not produce a document referred to in paragraph (a), or if the sponsor’s income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor’s Canadian income for the 12-month period preceding the date of filing of the sponsorship application is the income earned by the sponsor not including

    • (i) any provincial allowance received by the sponsor for a program of instruction or training,

    • (ii) any social assistance received by the sponsor from a province,

    • (iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

    • (iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

    • (v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

    • (vi) any Canada child tax benefit paid to the sponsor under the Income Tax Act; and

  • (d) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) to (c), with any modifications that the circumstances require, shall be included in the calculation of the sponsor’s income.

• Marginal note:Change in circumstances

  (2) If an officer receives information indicating that the sponsor is no longer able to fulfil the sponsorship undertaking, the Canadian income of the sponsor shall be calculated in accordance with paragraph (1)(c) on the basis of the 12-month period preceding the day the officer receives that information rather than the 12-month period referred to in that paragraph.

Marginal note:Default

135 For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking

• (a) begins when

  • (i) a government makes a payment that the sponsor has in the undertaking promised to repay, or

  • (ii) an obligation set out in the undertaking is breached; and

• (b) ends, as the case may be, when

  • (i) the sponsor reimburses the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or

  • (ii) the sponsor ceases to be in breach of the obligation set out in the undertaking.

Marginal note:Suspension during proceedings against sponsor or co-signer

• 136 (1) If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until there has been a final determination of the proceeding:

  • (a) an application for revocation of citizenship under the Citizenship Act;

  • (b) a report prepared under subsection 44(1) of the Act; or

  • (c) a charge alleging the commission of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

• Marginal note:Suspension during appeal by sponsor or co-signer

  (2) If a sponsor or co-signer has made an appeal under subsection 63(4) of the Act, the sponsorship application shall not be processed until the period for making the appeal has expired or there has been a final determination of the appeal.

Marginal note:Undertaking — Province of Quebec

137 If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b),

• (a) the sponsor’s undertaking, given in accordance with section 131, is the undertaking required by An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time;

• (b) an officer shall approve the sponsorship application only if there is evidence that the competent authority of the Province has determined that the sponsor, on the day the undertaking was given as well as on the day a decision was made with respect to the application, was able to fulfil the undertaking; and

• (c) subsections 132(4) and (5) and paragraphs 133(1)(g) and (i) do not apply.

PART 8Refugee Classes

DIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents

Interpretation

Marginal note:Definitions

138 The definitions in this section apply in this Division and in Division 2.

group

group means

• (a) five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

• (b) one or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, and a corporation or unincorporated organization or association referred to in subsection 13(2) of the Act, acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances. (groupe)

referral organization

referral organization means

• (a) the United Nations High Commissioner for Refugees; or

• (b) any organization with which the Minister has entered into a memorandum of understanding under section 143. (organisation de recommandation)

sponsor

sponsor means

• (a) a group, a corporation or an unincorporated organization or association referred to in subsection 13(2) of the Act, or any combination of them, that is acting for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

• (b) for the purposes of section 158, a sponsor within the meaning of the regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. (répondant)

undertaking

undertaking means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member’s accompanying family members and any of the member’s non-accompanying family members who meet the requirements of section 141, for the period determined in accordance with subsections 154(2) and (3). (engagement)

urgent need of protection

urgent need of protection means, in respect of a member of the Convention refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be

• (a) killed;

• (b) subjected to violence, torture, sexual assault or arbitrary imprisonment; or

• (c) returned to their country of nationality or of their former habitual residence. (besoin urgent de protection)

vulnerable

vulnerable means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety. (vulnérable)

General

Marginal note:General requirements

• 139 (1) A permanent resident visa shall be issued to a foreign national in need of refugee protection, and their accompanying family members, if following an examination it is established that

  • (a) the foreign national is outside Canada;

  • (b) the foreign national has submitted an application for a permanent resident visa under this Division in accordance with paragraphs 10(1)(a) to (c) and (2)(c.1) to (d) and sections 140.1 to 140.3;

  • (c) the foreign national is seeking to come to Canada to establish permanent residence;

  • (d) the foreign national is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely

    • (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or

    • (ii) resettlement or an offer of resettlement in another country;

  • (e) the foreign national is a member of one of the classes prescribed by this Division;

  • (f) one of the following is the case, namely

    • (i) the sponsor’s sponsorship application for the foreign national and their family members included in the application for protection has been approved under these Regulations,

    • (ii) in the case of a member of the Convention refugee abroad class, financial assistance in the form of funds from a governmental resettlement assistance program is available in Canada for the foreign national and their family members included in the application for protection, or

    • (iii) the foreign national has sufficient financial resources to provide for the lodging, care and maintenance, and for the resettlement in Canada, of themself and their family members included in the application for protection;

  • (g) if the foreign national intends to reside in a province other than the Province of Quebec, the foreign national and their family members included in the application for protection will be able to become successfully established in Canada, taking into account the following factors:

    • (i) their resourcefulness and other similar qualities that assist in integration in a new society,

    • (ii) the presence of their relatives, including the relatives of a spouse or a common-law partner, or their sponsor in the expected community of resettlement,

    • (iii) their potential for employment in Canada, given their education, work experience and skills, and

    • (iv) their ability to learn to communicate in one of the official languages of Canada;

  • (h) if the foreign national intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national and their family members included in the application for protection meet the selection criteria of the Province; and

  • (i) subject to subsections (3) and (4), the foreign national and their family members included in the application for protection are not inadmissible.

• Marginal note:Exception

  (2) Paragraph (1)(g) does not apply to a foreign national, or their family members included in the application for protection, who has been determined by an officer to be vulnerable or in urgent need of protection.

• Marginal note:Financial inadmissibility — exemption

  (3) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of section 39 of the Act.

• Marginal note:Health grounds — exception

  (4) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of paragraph 38(1)(c) of the Act.

Marginal note:Class of family members

140 Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class.

Marginal note:Application

140.1 An application for a permanent resident visa submitted by a foreign national under this Division shall indicate that the foreign national is outside Canada and is making a claim for refugee protection and shall

• (a) contain the name, address and country of birth of the applicant and of all their accompanying family members;

• (b) contain the name and country of birth of all the applicant’s non-accompanying family members; and

• (c) indicate whether the applicant or any of their accompanying or non-accompanying family members is the spouse, common-law partner or conjugal partner of another person.

Marginal note:Sponsorship of foreign national — requirement to attach applications

• 140.2 (1) If the foreign national making an application for a permanent resident visa under this Division is being sponsored, the application for a permanent resident visa shall

  • (a) be accompanied by a sponsorship application referred to in paragraph 153(1)(b) by which the foreign national is being sponsored; or

  • (b) be attached to the sponsorship application sent by the sponsor in accordance with subsection 153(1.2).

• Marginal note:Place of application

  (2) The foreign national who has chosen to have their application for a permanent resident visa accompanied by the sponsorship application shall send the application for a permanent resident visa and the sponsorship application to the Department’s Case Processing Centre in Canada for processing those applications.

Marginal note:Referral requirement

• 140.3 (1) If the foreign national making an application for a permanent resident visa under this Division is not being sponsored, a foreign national making an application for a permanent resident visa under this Division shall submit their application with one of the following referrals, if the referral has not yet been submitted to the immigration office by its issuer:

  • (a) a referral from a referral organization;

  • (b) a referral resulting from an arrangement between the Minister and the government of a foreign state or any institution of such a government relating to resettlement; or

  • (c) a referral resulting from an agreement relating to resettlement entered into by the Government of Canada and an international organization or the government of a foreign state.

• Marginal note:Exception

  (2) A foreign national may submit the application without a referral if they reside in a geographic area as determined by the Minister in accordance with subsection (3).

• Marginal note:Minister’s determination

  (3) The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications without a referral:

  • (a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 143 that they are unable to make the number of referrals specified in their memorandum of understanding for the area;

  • (b) the inability of referral organizations to refer persons in the area;

  • (c) the resettlement needs in the area, after consultation with referral organizations that have substantial knowledge of the area; and

  • (d) the relative importance of resettlement needs in the area, within the context of resettlement needs globally.

• Marginal note:Place of application

  (4) If the foreign national who is being referred under any of paragraphs (1)(a) to (c) or if the foreign national resides in a geographic area as determined by the Minister in accordance with subsection (3), the foreign national shall submit their application to the immigration office outside Canada that serves the foreign national’s place of residence.

Marginal note:Return of documents

140.4 An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the applications shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if

• (a) in the case of an application for a permanent resident visa, the requirements set out in paragraph 139(1)(b) are not met; or

• (b) in the case of a sponsorship application, the requirements set out in paragraph 153(1)(b) and subsections 153(1.2) and (2) are not met.

Marginal note:Non-accompanying family member

• 141 (1) A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that

  • (a) the family member was included in the applicant’s permanent resident visa application at the time that application was made, or was added to that application before the applicant’s departure for Canada;

  • (b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant;

  • (c) the family member is not inadmissible;

  • (d) the applicant’s sponsor under subparagraph 139(1)(f)(i) has been notified of the family member’s application and an officer is satisfied that there are adequate financial arrangements for resettlement; and

  • (e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

• Marginal note:Non-application of paragraph 139(1)(b)

  (2) For greater certainty, the requirements set out in paragraph 139(1)(b) do not apply to the application of a non-accompanying family member.

Marginal note:Family members

142 For the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant

• (a) at the time the application referred to in paragraph 139(1)(b) was made; and

• (b) at the time of the determination of the application referred to in paragraph 141(1)(b), without taking account of whether the person has attained 22 years of age.

Marginal note:Memorandum of understanding

• 143 (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates

  • (a) a working knowledge of the provisions of the Act relating to protection criteria; and

  • (b) an ability abroad to locate and identify Convention refugees and persons in similar circumstances.

• Marginal note:Content of memorandum of understanding

  (2) The memorandum of understanding shall include provisions with respect to

  • (a) the geographic area to be served by the organization;

  • (b) the number of referrals that may be made by the organization and the manner of referral;

  • (c) the training of members or employees of the organization; and

  • (d) the grounds for suspending or cancelling the memorandum of understanding.

Convention Refugees Abroad

Marginal note:Convention refugees abroad class

144 The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.

Marginal note:Member of Convention refugees abroad class

145 A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.

Humanitarian-protected Persons Abroad

Marginal note:Person in similar circumstances to those of a Convention refugee

• 146 (1) For the purposes of subsection 12(3) of the Act, a person in similar circumstances to those of a Convention refugee is a member of the country of asylum class.

• Marginal note:Humanitarian-protected persons abroad

  (2) The country of asylum class is prescribed as a humanitarian-protected persons abroad class of persons who may be issued permanent resident visas on the basis of the requirements of this Division.

Marginal note:Member of country of asylum class

147 A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because

• (a) they are outside all of their countries of nationality and habitual residence; and

• (b) they have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries.

148 [Repealed, SOR/2011-222, s. 6]

149 [Repealed, SOR/2011-222, s. 6]

150 [Repealed, SOR/2012-225, s. 8]

Marginal note:Travel document

151 An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who

• (a) holds a permanent resident visa or a temporary resident permit;

• (b) does not hold a valid passport or travel document issued by their country of nationality or the country of their present or former habitual residence;

• (c) does not hold a valid travel document issued by the United Nations or the International Committee of the Red Cross and is unable to obtain such a document within a reasonable time; and

• (d) would be unable to travel to Canada if the temporary travel document were not issued.

Protected Temporary Residents

Marginal note:Protected temporary residents class

• 151.1 (1) The protected temporary residents class is prescribed as a class of persons who may become permanent residents on the basis of the requirements of this section.

• Marginal note:Member of the class

  (2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and

  • (a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or

  • (b) was issued a Minister’s permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations.

• Marginal note:Application

  (2.1) A foreign national destined for Quebec does not become a member of the protected temporary residents class described in paragraph (2)(a) if they have not received a selection certificate from the Province of Quebec.

• Marginal note:Former Act and Regulations

  (3) In subsection (2), former Act has the same meaning as in section 187 of the Act and former Regulations and Humanitarian Designated Classes Regulations have the same meaning as in subsection 316(1) of these Regulations.

DIVISION 2Sponsorship

Marginal note:Sponsorship agreements

• 152 (1) The Minister may enter into a sponsorship agreement with a sponsor for the purpose of facilitating the processing of sponsorship applications.

• Marginal note:Contents of agreement

  (2) A sponsorship agreement shall include provisions relating to

  • (a) settlement plans;

  • (b) financial requirements;

  • (c) assistance to be provided by the Department;

  • (d) the standard of conduct expected of the sponsor;

  • (e) reporting requirements; and

  • (f) the grounds for suspending or cancelling the agreement.

Marginal note:Sponsorship requirements

• 153 (1) In order to sponsor a foreign national and their family members who are members of a class prescribed by Division 1, a sponsor

  • (a) must reside or have representatives in the expected community of settlement;

  • (b) must make a sponsorship application that includes a settlement plan, an undertaking and, if the sponsor has not entered into a sponsorship agreement with the Minister, a document issued by the United Nations High Commissioner for Refugees or a foreign state certifying the status of the foreign national as a refugee under the rules applicable to the United Nations High Commissioner for Refugees or the applicable laws of the foreign state, as the case may be; and

  • (c) must not be — or include — an individual, a corporation or an unincorporated organization or association that was a party to a sponsorship in which they defaulted on an undertaking and remain in default.

• Marginal note:Non-application of paragraphs 13(1)(a) and (b)

  (1.1) Paragraphs 13(1)(a) and (b) do not apply to the document referred to in paragraph (1)(b) issued by the United Nations High Commissioner for Refugees or a foreign state.

• Marginal note:Place of application

  (1.2) If the foreign national has chosen to have their application for a permanent resident visa attached to the sponsorship application in accordance with paragraph 140.2(1)(b), the sponsor must send the sponsorship application and the application for a permanent resident visa to the Department’s Case Processing Centre in Canada for processing those applications.

• Marginal note:Undertaking

  (2) The undertaking referred to in paragraph (1)(b) shall be signed by each party to the sponsorship.

• Marginal note:Joint and several or solidary liability

  (3) All parties to the undertaking are jointly and severally or solidarily liable.

• Marginal note:End of default

  (4) A party or a sponsor who defaults on an undertaking ceases to be in default

  • (a) in the case of a sponsor who defaults on a financial obligation, when the sponsor has reimbursed the government concerned, in full or in accordance with an agreement with that government, for amounts paid by the government;

  • (b) in the case of a party who defaults on a financial obligation, when the defaulting party has reimbursed any other party to the sponsorship, in full or in accordance with an agreement with that party, for amounts paid by that party;

  • (c) in the case of a sponsor who defaults on a non-financial obligation, when the sponsor satisfies an officer that they are in compliance with the obligation; and

  • (d) in the case of an organization or association that was a party to a sponsorship and defaulted for any reason, when a period of five years has elapsed from the date of default.

Marginal note:Approval of application

• 154 (1) An officer shall approve an application referred to in paragraph 153(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that

  • (a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 157(1) applies; and

  • (b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement.

• Marginal note:Duration of sponsor’s undertaking

  (2) Subject to subsection (3), the duration of an undertaking is one year.

• Marginal note:Officer’s determination

  (3) An officer may, on the basis of the assessment made under paragraph 139(1)(g), require that the duration of the undertaking be more than one year but not more than three years.

Marginal note:Revoking approval

155 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1).

Marginal note:Ineligibility to be a party to a sponsorship

• 156 (1) The following persons are ineligible to be a party to a sponsorship:

  • (a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence;

  • (b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person’s sentence imposed under a foreign law;

  • (c) a person who is in default of any support payment obligations ordered by a court;

  • (d) a person who is subject to a removal order;

  • (e) a person who is subject to a revocation proceeding under the Citizenship Act; and

  • (f) a person who is detained in any penitentiary, jail, reformatory or prison.

• Marginal note:Exception if pardoned

  (2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.

Marginal note:Joint assistance sponsorship

• 157 (1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial assistance of the Government of Canada available for the purpose of sponsorship. A sponsor identified by the Department is exempt from the financial requirements of paragraph 154(1)(a).

• Marginal note:Definition of special needs

  (2) In this section, special needs means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including

  • (a) a large number of family members;

  • (b) trauma resulting from violence or torture;

  • (c) medical disabilities; and

  • (d) the effects of systemic discrimination.

Marginal note:Settlement in the Province of Quebec

158 If the foreign national and their family members intend to reside in the Province of Quebec, the sponsor must meet the requirements for sponsorship that are provided by regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. In such a case, the requirements of this Division, other than section 156, do not apply.

DIVISION 3Determination of Eligibility of Claim

Marginal note:Working day

159 For the purposes of subsections 100(1) and (3) of the Act,

• (a) a working day does not include Saturdays or holidays;

• (b) a day that is not a working day is not included in the calculation of the three-day period; and

• (c) the three-day period begins from the day on which the claim is received.

Marginal note:Definitions

159.1 The following definitions apply in this section and sections 159.2 to 159.7.

Agreement

Agreement means the Agreement dated December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries. (Accord)

claimant

claimant means a claimant referred to in paragraph 101(1)(e) of the Act. (demandeur)

designated country

designated country means a country designated by section 159.3. (pays désigné)

family member

family member, in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. (membre de la famille)

legal guardian

legal guardian, in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur légal)

United States

United States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. (États-Unis)

Marginal note:Non-application — former habitual residence

159.2 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence.

Marginal note:Designation — United States

159.3 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act.

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) 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: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.

Marginal note:Non-application — claimants at land ports of entry

159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that

• (a) a family member of the claimant is in Canada and is a Canadian citizen;

• (b) a family member of the claimant is in Canada and is

  • (i) a protected person within the meaning of subsection 95(2) of the Act,

  • (ii) a permanent resident under the Act, or

  • (iii) a person in favour of whom a removal order has been stayed in accordance with section 233;

• (c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless

  • (i) the claim has been withdrawn by the family member,

  • (ii) the claim has been abandoned by the family member,

  • (iii) the claim has been rejected, or

  • (iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection;

• (d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than

  • (i) a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or

  • (ii) a study permit that has become invalid as a result of the application of section 222;

• (e) the claimant is a person who

  • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian,

  • (ii) has neither a spouse nor a common-law partner, and

  • (iii) has neither a mother or father nor a legal guardian in Canada or the United States;

• (f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,

  • (i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,

  • (ii) a temporary resident permit issued under subsection 24(1) of the Act,

  • (iii) a travel document referred to in subsection 31(3) of the Act,

  • (iv) refugee travel papers issued by the Minister of Foreign Affairs, or

  • (v) a temporary travel document referred to in section 151;

• (g) the claimant is a person

  • (i) who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and

  • (ii) who would, if the claimant were entering the United States, be required to hold a visa; or

• (h) the claimant is

  • (i) a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or

  • (ii) a permanent resident who has been ordered removed from the United States and is being returned to Canada.

Marginal note:Non-application — claimants at land ports of entry and in transit

159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes, in accordance with subsection 100(4) of the Act, that the claimant

• (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or

• (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country.

• (c) [Repealed, SOR/2009-210, s. 1]

Marginal note:Temporal operation

• 159.7 (1) For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if

  • (a) a notice of suspension of the Agreement setting out the period of suspension is publicized broadly in the various regions of Canada by the Minister via information media and on the website of the Department;

  • (b) a notice of renewal of the suspension of the Agreement setting out the period of renewal of suspension is published in accordance with subsection (6);

  • (c) a notice of suspension of a part of the Agreement is issued by the Government of Canada and the Government of the United States; or

  • (d) a notice of termination of the Agreement is issued by the Government of Canada or the Government of the United States.

• Marginal note:Paragraph (1)(a) — notice of suspension of Agreement

  (2) Subject to subsection (3), if a notice of suspension of the Agreement is publicized under paragraph (1)(a), sections 159.2 to 159.6 are rendered inoperative for a period of up to three months that shall be set out in the notice, which period shall begin on the day after the day on which the notice is publicized.

• Marginal note:Paragraph (1)(b) — notice of renewal of suspension of Agreement

  (3) If a notice of renewal of the suspension of the Agreement is published under paragraph (1)(b), sections 159.2 to 159.6 are rendered inoperative for the further period of up to three months set out in the notice.

• Marginal note:Paragraph (1)(c) — suspension of part of Agreement

  (4) If a notice of suspension of part of the Agreement is issued under paragraph (1)(c), those provisions of these Regulations relating to the application of the Agreement that are referred to in the notice are rendered inoperative for a period that shall be set out in the notice. All other provisions of these Regulations continue to apply.

• Marginal note:Paragraph (1)(d) — termination of Agreement

  (5) If a notice of termination of the Agreement is issued under paragraph (1)(d), sections 159.1 to 159.6 and this section cease to have effect on the day set out in the notice.

• Marginal note:Publication requirement — Canada Gazette

  (6) Any notice referred to in paragraph (1)(b), (c) or (d) shall be published in the Canada Gazette, Part I, not less than seven days before the day on which the renewal, suspension in part or termination provided for in the notice is effective.

DIVISION 4Pre-Removal Risk Assessment

Marginal note:Application for protection

• 160 (1) Subject to subsection (2) and for the purposes of subsection 112(1) of the Act, a person may apply for protection after they are given notification to that effect by the Department.

• Marginal note:No notification

  (2) A person described in section 165 or 166 may apply for protection in accordance with that section without being given notification to that effect by the Department.

• Marginal note:Notification

  (3) Notification shall be given

  • (a) in the case of a person who is subject to a removal order that is in force, before removal from Canada; and

  • (b) in the case of a person named in a certificate described in subsection 77(1) of the Act, when the summary of information and other evidence is filed under subsection 77(2) of the Act.

• Marginal note:When notification is given

  (4) Notification is given

  • (a) when the person is given the application for protection form by hand; or

  • (b) if the application for protection form is sent by mail, seven days after the day on which it was sent to the person at the last address provided by them to the Department.

Marginal note:Criterion — exemption from application of paragraphs 112(2)(b.1) or (c) of the Act

160.1 For the purposes of subsection 112(2.1) of the Act, the Minister must consider, when an exemption is made, any event having arisen in a country that could place all or some of its nationals or former habitual residents referred to in that subsection in a situation similar to those referred to in section 96 or 97 of the Act for which a person may be determined to be a Convention refugee or a person in need of protection.

Marginal note:Submissions

• 161 (1) A person applying for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or solicitor or other counsel.

• Marginal note:New evidence

  (2) A person who makes written submissions must identify the evidence presented that meets the requirements of paragraph 113(a) of the Act and indicate how that evidence relates to them.

Marginal note:Application within 15-day period

162 An application received within 15 days after notification was given under section 160 shall not be decided until at least 30 days after notification was given. The removal order is stayed under section 232 until the earliest of the events referred to in paragraphs 232(c) to (f) occurs.

Marginal note:Applications after the 15-day period

163 A person who has remained in Canada since being given notification under section 160 may make an application after a period of 15 days has elapsed from notification being given under that section, but the application does not result in a stay of the removal order. Written submissions, if any, must accompany the application.

Marginal note:Application that must be received within 15-day period — certificate

164 Despite section 163, an application by a person who is named in a certificate described in subsection 77(1) of the Act must be received within 15 days after notification was given under section 160. An application received within that period shall not be decided until at least 30 days after notification was given.

Marginal note:Subsequent application

165 A person whose application for protection was rejected and who has remained in Canada since being given notification under section 160 may make another application. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.

Marginal note:Application at port of entry

166 An application for protection by a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility on entry into Canada must, if the order is in force, be received as soon as the removal order is made. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.

Marginal note:Hearing — prescribed factors

167 For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following:

• (a) whether there is evidence that raises a serious issue of the applicant’s credibility and is related to the factors set out in sections 96 and 97 of the Act;

• (b) whether the evidence is central to the decision with respect to the application for protection; and

• (c) whether the evidence, if accepted, would justify allowing the application for protection.

Marginal note:Hearing procedure

168 A hearing is subject to the following provisions:

• (a) notice shall be provided to the applicant of the time and place of the hearing and the issues of fact that will be raised at the hearing;

• (b) the hearing is restricted to matters relating to the issues of fact stated in the notice, unless the officer conducting the hearing considers that other issues of fact have been raised by statements made by the applicant during the hearing;

• (c) the applicant must respond to the questions posed by the officer and may be assisted for that purpose, at their own expense, by a barrister or solicitor or other counsel; and

• (d) any evidence of a person other than the applicant must be in writing and the officer may question the person for the purpose of verifying the evidence provided.

Marginal note:Abandonment

169 An application for protection is declared abandoned

• (a) in the case of an applicant who fails to appear at a hearing, if the applicant is given notice of a subsequent hearing and fails to appear at that hearing; and

• (b) in the case of an applicant who voluntarily departs Canada, when the applicant’s removal order is enforced under section 240 or the applicant otherwise departs Canada.

Marginal note:Withdrawal

170 An application for protection may be withdrawn by the applicant at any time by notifying the Minister in writing. The application is declared to be withdrawn on receipt of the notice.

Marginal note:Effect of abandonment and withdrawal

171 An application for protection is rejected when a decision is made not to allow the application or when the application is declared withdrawn or abandoned.

Marginal note:Applicant described in s. 112(3) of the Act

• 172 (1) Before making a decision to allow or reject the application of an applicant described in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and any written response of the applicant to the assessments that is received within 15 days after the applicant is given the assessments.

• Marginal note:Assessments

  (2) The following assessments shall be given to the applicant:

  • (a) a written assessment on the basis of the factors set out in section 97 of the Act; and

  • (b) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

• Marginal note:Certificate

  (2.1) Despite subsection (2), no assessments shall be given to an applicant who is named in a certificate until a judge under section 78 of the Act determines whether the certificate is reasonable.

• Marginal note:When assessments given

  (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

• Marginal note:Applicant not described in s. 97 of the Act

  (4) Despite subsections (1) to (3), if the Minister decides on the basis of the factors set out in section 97 of the Act that the applicant is not described in that section,

  • (a) no written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act need be made; and

  • (b) the application is rejected.

Marginal note:Re-examination of stay — procedure

• 173 (1) A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given

  • (a) a notice of re-examination;

  • (b) a written assessment on the basis of the factors set out in section 97 of the Act; and

  • (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.

• Marginal note:Assessments and response

  (2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person.

• Marginal note:When assessments given

  (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department.

Marginal note:Reasons for decision

174 On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.

DIVISION 5Protected Persons — Permanent Residence

Marginal note:Judicial review

• 175 (1) For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.

• (2) [Repealed, SOR/2012-154, s. 8]

• Marginal note:Quebec

  (3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

Marginal note:Family members

• 176 (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

• Marginal note:One-year time limit

  (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

  • (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

  • (b) the family member is not inadmissible on the grounds referred to in subsection (3).

• Marginal note:Inadmissibility

  (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Marginal note:Prescribed classes

177 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

• (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the loss of refugee protection or nullification of the determination that led to conferral of refugee protection;

• (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

• (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

• (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

• (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

Marginal note:Identity documents

• 178 (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application

  • (a) any identity document issued outside Canada before the person’s entry into Canada; or

  • (b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by

    • (i) a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or

    • (ii) a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

• Marginal note:Alternative documents

  (2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if

  • (a) in the case of an identity document, the identity document

    • (i) is genuine,

    • (ii) identifies the applicant, and

    • (iii) constitutes credible evidence of the applicant’s identity; and

  • (b) in the case of a statutory declaration, the declaration

    • (i) is consistent with any information previously provided by the applicant to the Department or the Board, and

    • (ii) constitutes credible evidence of the applicant’s identity.

PART 9Temporary Residents

DIVISION 1Temporary Resident Visa

Marginal note:Issuance

179 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national

• (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class;

• (b) will leave Canada by the end of the period authorized for their stay under Division 2;

• (c) holds a passport or other document that they may use to enter the country that issued it or another country;

• (d) meets the requirements applicable to that class;

• (e) is not inadmissible; and

• (f) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act.

Holders of Temporary Resident Visas

Marginal note:Authorization

180 A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

• (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

• (b) continue to meet these requirements at the time of the examination on entry into Canada.

Applications for Extension of Authorization to Remain in Canada as a Temporary Resident

Marginal note:Circumstances

• 181 (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

  • (a) the application is made by the end of the period authorized for their stay; and

  • (b) they have complied with all conditions imposed on their entry into Canada.

• Marginal note:Extension

  (2) An officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

Restoration of Temporary Resident Status

Marginal note:Restoration

182 On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.

DIVISION 2Conditions on Temporary Residents

Marginal note:General conditions