Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 315.29 — Purpose
The purpose of this Division is to implement the Asylum Annex, the objectives of which, as elaborated more specifically through its provisions, are to preserve and protect the participants’ refugee…
Section 315.3 — Authority to disclose information
The Minister may only disclose information to the Department of Homeland Security of the United States in respect of a refugee status claimant other than a refugee status claimant who is alleging…
Section 315.31 — Necessary, relevant and proportionate information
Only information that is necessary, relevant and proportionate to achieving the purposes of this Division may be disclosed.
Section 315.32 — Method of disclosure
The disclosure of information must be made in accordance with article 6 of the Asylum Annex. The disclosure must be made in a manner that ensures the accuracy and reliability of the information in…
Section 315.33 — Data elements to be disclosed
Only information belonging to the following information categories may be disclosed: information relating to the identity of a refugee status claimant; information relating to the processing of a…
Section 315.34 — Destruction of information
Any information collected by the Minister that is determined not to be relevant to the purposes of this Division and that was not used for an administrative purpose, as defined in section 3 of the…
Section 315.35 — Correction of previously disclosed information
If the Minister is made aware that previously disclosed information is inaccurate, the Minister must notify the Department of Homeland Security of the United States and provide correcting…
Section 315.36 — Interpretation
The following definitions apply in this Division. national of a third country means a foreign national other than a national or citizen of the country of the party making or receiving a query. (…
Section 315.37 — Purpose
The purpose of this Division is to define the parameters for the sharing of information, by means of a query, between parties in support of the administration and enforcement of Canada’s laws in…
Section 315.38 — Making of query
A query in respect of a person must be made by submitting to another party either the person’s fingerprints accompanied by a unique transaction number or the unique transaction number assigned to a…
Section 315.39 — Disclosure of information — query or response
Disclosure in relation to the making of or a response to a query is limited to information that is necessary, relevant and proportionate to achieving the purposes of this Division and must be made in…
Section 315.4 — Making of query — permitted purposes
The Minister may make a query to another party only for the following purposes: to support an examination or determination following an application or claim made by a national of a third country for…
Section 315.41 — Disclosure of information — permitted purposes
The Minister may disclose information in response to a query made by another party only for the following purposes: to support an examination or determination by that party following an application…
Section 315.42 — Correction of previously disclosed information
If the Minister becomes aware that information that he or she disclosed in response to a query is inaccurate, the Minister must, as soon as feasible, notify the party to which he or she disclosed the…
Section 315.43 — Retention and disposal of information
The Minister must retain or dispose of any information obtained in response to a query in accordance with the laws of Canada. The Minister must, immediately after completion of the information search…
Section 316 — Definitions
The definitions in this subsection apply in this Part. former Regulations means the Immigration Regulations, 1978 , as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered…
Section 317 — Decisions and orders made under former Act
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. A document, including a…
Section 318 — Terms and conditions
Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act .
Section 319 — Removal order
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…
Section 320 — Inadmissibility — security grounds
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…
Section 321 — Reports
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 . For the purpose of subsection (1) inadmissibility as a member…
Section 322 — Detention
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…
Section 323 — Order issued by Deputy Minister
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…
Section 324 — Release
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…
Section 325 — Warrants
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 . An order for the detention of a person made…
Section 326 — Danger to the public
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…
Section 327 — Certificates
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…
Section 328 — Permanent residents
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 . Any period spent outside…
Section 329 — Visitors and permit holders
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…
Section 330 — Examination
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…
Section 331 — Performance bonds and security deposits
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…
Section 332 — Seizures
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 .
Section 333 — Debts
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 .
Section 334 — Applications for protection abroad
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…
Section 335 — Family member
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…
Section 336 — Sponsorship agreements
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.
Section 337 — Sponsors
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…
Section 338 — Refugee protection
Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who has been determined in Canada before the coming into force of this section to be a Convention refugee…
Section 339 — Rejection of a claim for refugee protection
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.
Section 340 — Ineligibility
A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is…
Section 341 — Withdrawal and abandonment
A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under…
Section 342 — Eligibility
A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee…
Section 343 — Redetermination of eligibility
Subject to section 191 of the Immigration and Refugee Protection Act , a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention…
Section 344 — Cessation of refugee protection
A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection…
Section 345 — Vacation
A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a…
Section 346 — Post-determination refugee claimants in Canada class
An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made…
Section 347 — Application for landing — Convention refugees
If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a…
Section 348 — Judicial review
On the coming into force of this section, any application for leave to commence an application for judicial review and any application for judicial review or appeal from an application that was…
Section 349 — Other court proceedings
On the coming into force of this section, an appeal made under section 102.17 of the former Act or an application for an order made under section 102.2 of the former Act that is pending remains…
Section 350 — Decisions referred back
Subject to subsections (2) and (3), if a decision or an act of the Minister or an immigration officer under the former Act is referred back by the Federal Court or Supreme Court of Canada for…