Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Definitions
The definitions in this subsection apply in the Act and in these Regulations. common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal…
Section 1.1 — Definition of agent — section 148 of the Act
For the purposes of section 148 of the Act, agent includes any person — whether or not an independent contractor — who provides services as a representative of a vehicle owner, operator or charterer.…
Section 2 — Interpretation
The definitions in this section apply in these Regulations. Act means the Immigration and Refugee Protection Act . ( Loi ) administration fee means a portion of the average cost incurred by Her…
Section 3 — Interpretation — member of a crew
For the purposes of these Regulations, member of a crew means a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the…
Section 4 — Bad faith
For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal…
Section 4.1 — New relationship
For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal…
Section 5 — Excluded relationships
For the purposes of these Regulations, a foreign national shall not be considered the spouse or common-law partner of a person if the foreign national is under the age of 18 years; the spouse of a…
Section 6 — Permanent resident
A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.
Section 7 — Temporary resident
A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa. Subsection (1) does not apply to a foreign national who is exempted under…
Section 7.01 — Nationals of certain countries
Despite subsection 7(1), a foreign national who is a citizen of a country listed in the table to this subsection and who is seeking to enter Canada by air may not enter Canada to remain on a…
Section 7.1 — Electronic travel authorization
A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who is seeking to enter Canada by air to remain on a temporary basis is…
Section 8 — Work permit
A foreign national may not enter Canada to work without first obtaining a work permit. Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada…
Section 9 — Study permit
A foreign national may not enter Canada to study without first obtaining a study permit. Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in…
Section 9.1 — Electronic means
Despite section 10, when an application, request or claim is made, a document or information is submitted electronically, or a signature by electronic means is provided, it must be made, submitted or…
Section 9.2 — Application by electronic means
The following applications must be made by the electronic means made available or specified by the Minister for that purpose: an application for an extension of an authorization to remain in Canada…
Section 9.3 — Deemed receipt by the Minister
Any application, request, claim, document or information sent by a foreign national, an individual or an entity using electronic means is deemed to have been received by the Minister at the time and…
Section 9.4 — Exception — use of other means
Despite other provisions of these Regulations, the Minister may require a foreign national, an individual or an entity to make an application, request or claim, submit any document or information or…
Section 9.5 — Disability
A foreign national or an individual who, because of a disability is unable to meet a requirement to make an application, request or claim, submit any document or provide a signature or information…
Section 9.6 — Payment of fees
Any fees to be paid or evidence of payment of fees referred to in these Regulations must be paid or provided by the electronic means that is made available or specified by the Minister for that…
Section 10 — Form and content of application
Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall be made in writing using the form, if any, provided by the Department or, in the case of an application…
Section 11 — Application — other means
If an application is not made by electronic means it must be submitted to the address specified by the Minister, including the address specified on the Department’s website for that purpose.
Section 12 — Return of application
Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it, except the information referred to in subparagraphs…
Section 12.001 — Request or application at port of entry
Subject to sections 198 and 214, a person — who under section 10.01 of the Act is required to provide their biometric information — may only make a request for a temporary resident permit under…
Section 12.01 — Invitation — application for permanent residence
An application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by the electronic means that is made available or…
Section 12.02
[Repealed, SOR/2019-174, s. 4]
Section 12.03
[Repealed, SOR/2019-174, s. 4]
Section 12.04 — Electronic travel authorization — application by electronic means
Despite section 10, an application for a travel authorization under subsection 11(1.01) of the Act must be made by the electronic system that is made available or specified by the Minister for that…
Section 12.05 — Period of validity
An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of…
Section 12.06 — Ineligibility
A foreign national who holds an electronic travel authorization becomes ineligible to hold such an authorization if, following its issuance, they are the subject of a declaration made under…
Section 12.07 — Cancellation
An officer may cancel an electronic travel authorization that was issued to a foreign national if the foreign national is inadmissible; the foreign national becomes ineligible to hold such an…
Section 12.08 — Cancellation
An electronic travel authorization that was issued to a foreign national is cancelled if the foreign national becomes a permanent resident; the passport or other travel document in respect of which…
Section 12.1 — Collection — claims, applications, and requests
Section 10.01 of the Act does not apply to claims, applications and requests under the Act, other than the following: an application for a permanent resident visa; an application to remain in Canada…
Section 12.2 — Non-application — persons
Section 10.01 of the Act does not apply to a person who is under the age of 14; a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection; a person who…
Section 12.3 — Procedure for collection of biometric information
For the purposes of section 10.01 of the Act, the procedure for the collection of biometric information is the following: the person who makes a claim, application or request shall present themself…
Section 12.4 — Processing of biometric information
For the purposes of section 10.01 of the Act, a biometric template may be created, and the information collected under paragraph 12.3(b) may be converted into a digital biometric format by using the…
Section 12.5 — Verification of biometric information — procedure
For the purposes of section 10.01 of the Act, the procedure for the verification of biometric information to be followed by a person who has made a claim, application or request referred to in any of…
Section 12.6 — Exemption — multiple applications or requests
A person who makes more than one application or request before providing their biometric information referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric…
Section 12.7 — Exemption — biometric information previously provided
Subject to section 12.9, a person who makes an application or request referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information under section 10.01 of the…
Section 12.8 — Exemption — collection of biometric information impossible or not feasible
A person who makes a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is not required to provide, with respect to the claim, application or request in question, the…
Section 12.9 — Exception
Paragraph 12.7(1)(b) does not apply to a person referred to in paragraph 12.7(1)(b) who was exempted under section 12.8 from providing certain biometric information for a reason relating to a…
Section 12.91 — Clarification
For greater certainty, despite sections 12.7 to 12.9, a person may choose to provide their biometric information under section 10.01 of the Act in support of their claim, application or request.
Section 13 — Production of documents
Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met by producing the original document; by producing a certified copy of the original document; or in…
Section 13.1 — Authorized disclosure
If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding…
Section 13.11 — Disclosure of information
Any biometric information and related personal information set out in subsection (2) that is collected under the Act and provided to the Royal Canadian Mounted Police may be used or disclosed by it…
Section 13.2 — General requirement
A body that is designated under subsection 91(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents: its most…
Section 13.3 — Clarification
For greater certainty, nothing in these Regulations affects any other lawful authority to cancel a visa or any other document, including an electronic travel authorization, temporary resident visa,…
Section 14 — Application of par. 34(1)(c) of the Act
For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been…
Section 15 — Application of par. 35(1)(a) of the Act
For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination…
Section 16 — Application of paragraph 35(1)(b) of the Act
For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the…
Section 16.1 — Application of paragraphs 37(1)(a) and (b) of the Act
For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 37(1)(a) or (b) of the Act, if either of the following decisions has been rendered, the…