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

Regulations are current to 2019-05-07 and last amended on 2018-12-31. Previous Versions

PART 9Temporary Residents (continued)

DIVISION 1.1Declaration Under Subsection 22.1(1) of the Act (continued)

Marginal note:Written submissions

  •  (1) A foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act may make written submissions to the Minister as to why the declaration should be revoked or why its effective period should be shortened.

  • Marginal note:Time limit

    (2) The written submissions must be made within 60 days after the day on which the notice of the declaration is sent or provided to the foreign national, as the case may be.

  • SOR/2013-210, s. 2

DIVISION 2Conditions on Temporary Residents

Marginal note:General conditions

  •  (1) Subject to section 185, the following conditions are imposed on all temporary residents:

    • (a) to leave Canada by the end of the period authorized for their stay;

    • (b) to not work, unless authorized by this Part or Part 11;

    • (b.1) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages;

    • (b.2) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii); and

    • (c) to not study, unless authorized by the Act, this Part or Part 12.

  • Marginal note:Authorized period of stay

    (2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of

    • (a) the temporary resident’s means of support in Canada;

    • (b) the period for which the temporary resident applies to stay; and

    • (c) the expiry of the temporary resident’s passport or other travel document.

  • Marginal note:Authorized period begins

    (3) The period authorized for the stay of a temporary resident begins on

    • (a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized;

    • (a.1) if they have become a temporary resident in accordance with subsection 46(1.1) of the Act, the day on which their application to renounce their permanent resident status is approved; and

    • (b) in any other case, the day on which they enter Canada.

  • Marginal note:Authorized period ends

    (4) The period authorized for a temporary resident’s stay ends on the earliest of

    • (a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

    • (b) the day on which their permit becomes invalid, in the case of a temporary resident who has been issued either a work permit or a study permit;

    • (b.1) the day on which the second of their permits becomes invalid, in the case of a temporary resident who has been issued a work permit and a study permit;

    • (c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63;

    • (c.1) in the case of a person who is required by section 10.01 of the Act to provide their biometric information, the day on which the period of 10 years following the latest day on which the person provided their biometric information under section 10.01 of the Act ends; or

    • (d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.

  • Marginal note:Extension of period authorized for stay

    (5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

    • (a) the day on which a decision is made, if the application is refused; or

    • (b) the end of the new period authorized for their stay, if the application is allowed.

  • Marginal note:Non-application

    (5.1) Subsection (5) does not apply in respect of a foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act.

  • Marginal note:Continuation of status and conditions

    (6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.

  • SOR/2010-172, s. 1
  • SOR/2013-210, s. 3
  • SOR/2013-245, s. 3
  • SOR/2014-14, s. 4
  • SOR/2014-269, s. 3
  • SOR/2015-144, s. 3
  • SOR/2018-128, s. 7

Marginal note:Condition imposed on members of a crew

  •  (1) A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew.

  • Marginal note:Conditions imposed on foreign nationals who enter to become members of a crew

    (2) The following conditions are imposed on a foreign national who enters Canada to become a member of a crew:

    • (a) [Repealed, SOR/2004-167, s. 50]

    • (b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and

    • (c) to leave Canada within 72 hours after they cease to be a member of a crew.

  • SOR/2004-167, s. 50

Marginal note:Specific conditions

 An officer may impose, vary or cancel the following specific conditions on a temporary resident:

  • (a) the period authorized for their stay;

  • (b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

    • (i) the type of work,

    • (ii) the employer,

    • (iii) the location of the work,

    • (iv) the times and periods of the work, and

    • (v) in the case of a member of a crew, the period within which they must join the means of transportation;

  • (c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

    • (i) the type of studies or course,

    • (ii) the educational institution,

    • (iii) the location of the studies, and

    • (iv) the times and periods of the studies;

  • (d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and

  • (e) the times and places at which they must report for

    • (i) medical examination, surveillance or treatment, or

    • (ii) the presentation of evidence of compliance with applicable conditions.

  • SOR/2004-167, s. 51(F)

DIVISION 3Work Without a Permit

Marginal note:No permit required

 A foreign national may work in Canada without a work permit

  • (a) as a business visitor to Canada within the meaning of section 187;

  • (b) as a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;

  • (c) if the foreign national is a family member of a foreign representative in Canada who is accredited with diplomatic status by the Department of Foreign Affairs and International Trade and that Department has stated in writing that it does not object to the foreign national working in Canada;

  • (d) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;

  • (e) as an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency;

  • (e.1) as a cross-border maritime law enforcement officer designated by the United States under the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, signed on May 26, 2009;

  • (e.2) as an in-flight security officer employed by a foreign government with which Canada has concluded an arrangement in respect of commercial passenger aircraft security;

  • (f) if they are a full-time student, on the campus of the university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college;

  • (g) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if

    • (i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and

    • (ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services;

  • (h) as a participant in sports activities or events, in Canada, either as an individual participant or as a member of a foreign-based team or Canadian amateur team;

  • (i) as an employee of a foreign news company for the purpose of reporting on events in Canada;

  • (j) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days;

  • (k) as a member of the executive of a committee that is organizing a convention or meeting in Canada or as a member of the administrative support staff of such a committee;

  • (l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;

  • (m) as a judge, referee or similar official at an international amateur sports competition, an international cultural or artistic event or competition or an animal or agricultural competition;

  • (n) as an examiner or evaluator of research proposals or university projects, programs or theses;

  • (o) as an expert who conducts surveys or analyses that are to be used as evidence before a federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, tribunal or court of law;

  • (p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field;

  • (q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights;

  • (r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act;

  • (s) as a member of a crew who is employed by a foreign company aboard a means of transportation that

    • (i) is foreign-owned and not registered in Canada, and

    • (ii) is engaged primarily in international transportation;

  • (t) as a provider of emergency services, including medical services, for the protection or preservation of life or property;

  • (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;

  • (v) if they are the holder of a study permit and

    • (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1,

    • (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and

    • (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 20 hours per week during a regular academic session;

  • (w) if they are or were the holder of a study permit who has completed their program of study and

    • (i) they met the requirements set out in paragraph (v), and

    • (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application; or

  • (x) if they are an Indian.

  • SOR/2010-253, s. 3
  • SOR/2011-126, s. 2
  • SOR/2014-14, s. 5
  • SOR/2014-170, s. 1
  • SOR/2018-249, s. 1
 
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