Immigration and Refugee Protection Regulations
Marginal note:Non-application — persons
12.2 (1) Section 10.01 of the Act does not apply to
(a) a person who is under the age of 14;
(b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection;
(c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are
(d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are
(i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division,
(ii) in Canada and have had refugee protection conferred on them, or
(iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class;
(e) a person who is a head of state or head of government who makes an application or request referred to in any of paragraphs 12.1(d) to (i);
(f) a person who seeks to enter Canada in the course of official duties as a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member;
(g) a person who is a family member of a person referred to in paragraph (f);
(h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who
(i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or
(j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class.
Marginal note:Determination of age
(2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made.
Marginal note:Non-application
(3) Section 10.01 of the Act does not apply to
- SOR/2018-128, s. 3
- Date modified: