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

Regulations are current to 2020-09-09 and last amended on 2020-04-30. Previous Versions

PART 4Procedures (continued)

DIVISION 3Conduct of Examination (continued)

Alternative Means of Examination

Marginal note:Means

 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

 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 that are valid for return to Canada.

  • SOR/2015-46, s. 1

Conduct of Examination Measures

Marginal note:Direction to leave

  •  (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

 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;

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

  • (d) the foreign national is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act.

  • SOR/2020-55, s. 4

Marginal note:Withdrawing application

  •  (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 decides either not to make a removal order or not to 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.

  • SOR/2018-5, s. 1

Application of Section 23 of the Act

Marginal note:Conditions

  •  (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;

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

    • (e) to comply with all requirements imposed on them by an order or regulation made under the Emergencies Act or the Quarantine Act.

  • 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.

  • SOR/2020-91, s. 3

Obligation to Appear at an Admissibility Hearing

Marginal note:Class

  •  (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

  •  (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.

  • SOR/2004-167, s. 11(F)
 
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