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

Marginal note:Reports

• 321 (1) A report made under section 20 or 27 of the former Act is a report under subsection 44(1) of the Immigration and Refugee Protection Act.

• Marginal note:Equivalency

  (2) For the purpose of subsection (1)

  • (a) inadmissibility as a member of a class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act is inadmissibility on security grounds under the Immigration and Refugee Protection Act;

  • (b) inadmissibility as a member of a class described in paragraph 19(1)(j) or (l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of violating human or international rights;

  • (c) inadmissibility as a member of a class described in paragraph 19(1)(c) or (c.1) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.1) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of serious criminality;

  • (d) inadmissibility as a member of a class described in paragraph 19(2)(a), (a.1) or (b) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of criminality;

  • (e) inadmissibility on the basis of paragraph 27(1)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of

    • (i) serious criminality, if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed, or

    • (ii) criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years;

  • (f) inadmissibility as a member of a class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of organized criminality;

  • (g) inadmissibility as a member of the inadmissible class described in paragraph 19(1)(a) of the former Act — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissibility under the Immigration and Refugee Protection Acton health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act;

  • (h) inadmissibility as a member of a class described in paragraph 19(1)(b) of the former Act or inadmissibility on the basis of paragraph 27(1)(f) or (2)(l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for financial reasons;

  • (i) inadmissibility on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for misrepresentation; and

  • (j) inadmissibility as a member of a class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act or inadmissibility on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for failing to comply with the Act.

• Marginal note:Reports forwarded to a senior immigration officer

  (3) A report that was forwarded to a senior immigration officer under the former Act and in respect of which a decision has not been made on the coming into force of this section is a report transmitted to the Minister.

• Marginal note:Inquiry

  (4) The causing by a senior immigration officer of an inquiry to be held under the former Act is the referring by the Minister of a report to the Immigration Division under subsection 44(2) of the Immigration and Refugee Protection Act unless that subsection allows the Minister to make a removal order.

• Marginal note:No substantive evidence

  (5) If no substantive evidence was adduced before the Adjudication Division, the causing by a senior immigration officer of an inquiry to be held under the former Act is, if subsection 44(2) of the Immigration and Refugee Protection Act allows the Minister to make a removal order, a report on the basis of which the Minister may make a removal order.

Marginal note:Detention

• 322 (1) The first review of reasons, after the coming into force of this section, for the continued detention of a person detained under the former Act shall be made in accordance with the provisions of the former Act.

• Marginal note:Period of detention

  (2) If the review referred to in subsection (1) was the first review in respect of a person’s detention, the period of detention at the end of which that review was made shall be considered the period referred to in subsection 57(1) of the Immigration and Refugee Protection Act.

• Marginal note:Subsequent review

  (3) If a review of reasons for continued detention follows the review referred to in subsection (1), that review shall be made under the Immigration and Refugee Protection Act.

Marginal note:Order issued by Deputy Minister

323 An order issued by a Deputy Minister under subsection 105(1) of the former Act continues in force and the review of reasons for continued detention shall be made under the Immigration and Refugee Protection Act.

Marginal note:Release

324 A release from detention under the former Act is the ordering of release from detention under the Immigration and Refugee Protection Act and any terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Warrants

• 325 (1) A warrant for arrest and detention made under the former Act is a warrant for arrest and detention made under the Immigration and Refugee Protection Act.

• Marginal note:Detention orders

  (2) An order for the detention of a person made under the former Act is an order to detain made under the Immigration and Refugee Protection Act.

Marginal note:Danger to the public

• 326 (1) A claim to be a Convention refugee made by a person described in subparagraph 19(1)(c.1)(i) of the former Act in respect of whom the Minister was of the opinion under subparagraph 46.01(1)(e)(i) of the former Act that the person constitutes a danger to the public in Canada is deemed, if no determination was made by a senior immigration officer under section 45 of the former Act, to be a claim for refugee protection made by a person described in paragraph 101(2)(b) of the Immigration and Refugee Protection Act who is inadmissible and in respect of whom the Minister is of the opinion that the person is a danger to the public.

• Marginal note:Appeals

  (2) A person in respect of whom subsection 70(5) or paragraph 77(3.01)(b) of the former Act applied on the coming into force of this section is a person in respect of whom subsection 64(1) of the Immigration and Refugee Protection Act applies.

• Marginal note:Removal not prohibited

  (3) A person whose removal on the coming into force of this section was allowed by the application of paragraphs 53(1)(a) to (d) of the former Act is a person referred to in subsection 115(2) of the Immigration and Refugee Protection Act.

Marginal note:Certificates

327 A certificate determined to be reasonable under paragraph 40.1(4)(d) of the former Act is deemed to be a certificate determined to be reasonable under subsection 80(1) of the Immigration and Refugee Protection Act.

Marginal note:Permanent residents

• 328 (1) A person who was a permanent resident immediately before the coming into force of this section is a permanent resident under the Immigration and Refugee Protection Act.

• Marginal note:Returning resident permit

  (2) Any period spent outside Canada within the five years preceding the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

• Marginal note:Returning resident permit

  (3) Any period spent outside Canada within the two years immediately following the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.

Marginal note:Visitors and permit holders

• 329 (1) Any of the following persons who were in Canada immediately before the coming into force of this section are temporary residents under the Immigration and Refugee Protection Act and are subject to its provisions:

  • (a) a visitor under the former Act; and

  • (b) a person issued a permit under section 37 of the former Act.

• Marginal note:Permits

  (2) A permit issued by the Minister under section 37 of the former Act is deemed to be a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act.

Marginal note:Examination

330 Any of the following persons who were in Canada immediately before the coming into force of this section are deemed to have been authorized under section 23 of the Immigration and Refugee Protection Act to enter Canada:

• (a) a person in respect of whom an examination remains incomplete and whose examination was adjourned and referred to another immigration officer for completion under subsection 12(3) of the former Act;

• (b) a person in respect of whom an examination remains incomplete and whose examination was deferred under paragraph 13(1)(a) of the former Act;

• (c) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 14(2)(b) of the former Act;

• (d) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 23(1)(b) of the former Act; and

• (e) a person who has made a claim to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section.

Marginal note:Performance bonds and security deposits

331 A performance bond posted or security deposited under the former Act that remains posted or deposited immediately before the coming into force of this section continues as a deposit or a guarantee under the Immigration and Refugee Protection Act and is governed by its provisions.

Marginal note:Seizures

332 A thing seized under the former Act continues to be seized on the coming into force of this section, and the seizure is governed by the provisions of the Immigration and Refugee Protection Act.

Marginal note:Debts

333 Any debt under subsection 118(3) of the former Act continues as a debt on the coming into force of this section and is governed by the provisions of the Immigration and Refugee Protection Act.

DIVISION 4Refugee and Humanitarian Resettlement Program

Marginal note:Applications for protection abroad

334 With the exception of subsection 140.3(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations, who made an application for admission under the former Act if the application is pending on the day on which this section comes into force and no visa has been issued to the applicant.

Marginal note:Family member

335 An applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act that has not been refused may add to their application at any time prior to their departure for Canada a person included in the definition family member in subsection 1(3).

Marginal note:Sponsorship agreements

336 A sponsorship agreement with the Minister made under the former Act and former Regulations does not cease to have effect for the sole reason of section 152 coming into force.

Marginal note:Sponsors

• 337 (1) Subject to subsections (2) and (3), a sponsor who made an undertaking within the meaning of paragraph (b) of the definition undertaking in subsection 2(1) of the former Regulations, or of the definition undertaking in subsection 1(1) of the Humanitarian Designated Classes Regulations, and in respect of whom an immigration officer was satisfied that the requirements of paragraph 7.1(2)(d) or 5(2)(d) of those Regulations, respectively, were met is deemed to be a sponsor whose application has been approved by an officer under section 154.

• Marginal note:Additional persons sponsored

  (2) Subsection (1) does not apply to a sponsor who requests that a person be added to their undertaking.

• Marginal note:Ineligibility to sponsor

  (3) Subsection (1) does not apply to a sponsor who is ineligible to be a party to a sponsorship under section 156.

DIVISION 5Refugee Protection

Marginal note:Refugee protection

338 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who

• (a) has been determined in Canada before the coming into force of this section to be a Convention refugee and

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

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

• (b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under

  • (i) section 7 of the former Regulations, or

  • (ii) section 4 of the Humanitarian Designated Classes Regulations; or

• (c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

Marginal note:Rejection of a claim for refugee protection

339 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.