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

DIVISION 2General Provisions

Marginal note:Decisions and orders made under former Act

• 317 (1) A decision or order made under the former Act that is in effect immediately before the coming into force of this section continues in effect after that coming into force.

• Marginal note:Documents issued under former Act

  (2) A document, including a visa, that is issued under the former Act and is valid immediately before the coming into force of this section continues to be valid after that coming into force.

DIVISION 3Enforcement

Marginal note:Terms and conditions

318 Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.

Marginal note:Removal order

• 319 (1) Subject to subsection (2), a removal order made under the former Act that was unexecuted on the coming into force of this section continues in force and is subject to the provisions of the Immigration and Refugee Protection Act.

• Marginal note:Stay of removal

  (2) The execution of a removal order that had been stayed on the coming into force of this section under paragraphs 49(1)(c) to (f) of the former Act continues to be stayed until the earliest of the events described in paragraphs 231(1)(a) to (e).

• Marginal note:Exception

  (3) Subsection (2) does not apply if

  • (a) the subject of the removal order was determined by the Convention Refugee Determination Division not to have a credible basis for their claim; or

  • (b) the subject of the removal order

    • (i) is subject to a removal order because they are inadmissible on grounds of serious criminality, or

    • (ii) resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act on their entry into Canada.

• Marginal note:Conditional removal order

  (4) A conditional removal order made under the former Act continues in force and is subject to subsection 49(2) of the Immigration and Refugee Protection Act.

• Marginal note:Executed removal order

  (5) Section 52 of the Immigration and Refugee Protection Act applies to a person who immediately before the coming into force of this section was outside Canada after a removal order was executed against them.

Marginal note:Inadmissibility — security grounds

• 320 (1) A person is inadmissible under the Immigration and Refugee Protection Act on security grounds if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act.

• Marginal note:Violating human or international rights

  (2) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of violating human or international rights if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(j) or (l) of the former Act.

• Marginal note:Paragraph 19(1)(l) of the former Act

  (2.1) For greater certainty, an opinion of the Minister under paragraph 19(1)(l) of the former Act continues as an opinion of the Minister under paragraph 35(1)(b) of the Immigration and Refugee Protection Act.

• Marginal note:Serious criminality

  (3) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of serious criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c) or (c.1) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(a.1) of the former Act.

• Marginal note:Criminality

  (4) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(2)(a), (a.1) or (b) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act.

• Marginal note:Paragraph 27(1)(d) of former Act

  (5) A person who on the coming into force of this section had been determined to be inadmissible on the basis of paragraph 27(1)(d) of the former Act is

  • (a) inadmissible under the Immigration and Refugee Protection Act on grounds of 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

  • (b) inadmissible under the Immigration and Refugee Protection Act on grounds of criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years.

• Marginal note:Organized crime

  (6) A person is inadmissible under the Immigration and Refugee Protection Act on grounds of organized criminality if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act.

• Marginal note:Health grounds

  (7) A person — 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 inadmissible under the Immigration and Refugee Protection Act on 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.

• Marginal note:Financial reasons

  (8) A person is inadmissible under the Immigration and Refugee Protection Act for financial reasons 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)(b) of the former Act or had been determined to be inadmissible on the basis of paragraph 27(1)(f) or (2)(l) of the former Act.

• Marginal note:Misrepresentation

  (9) A person is inadmissible under the Immigration and Refugee Protection Act for misrepresentation if, on the coming into force of this section, the person had been determined to be inadmissible on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act.

• Marginal note:Failing to comply

  (10) A person is inadmissible under the Immigration and Refugee Protection Act for failing to comply with that Act if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act.

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.