Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 17 — Prescribed period
For the purposes of paragraph 36(3)(c) of the Act, the prescribed period is five years after the completion of an imposed sentence, in the case of matters referred to in paragraphs 36(1)(b) and…
Section 18 — Rehabilitation
For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is a prescribed class. The following persons are members of the class of persons deemed to…
Section 18.1 — Prescribed class
The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament,…
Section 19 — Transborder criminality
For the purposes of subsection 36(2.1) of the Act, the prescribed offences are any indictable offence under the Criminal Code ; any indictable offence under the Immigration and Refugee Protection Act…
Section 20 — Inadmissibility on health grounds
An officer shall determine that a foreign national is inadmissible on health grounds if the officer determines that the foreign national’s health condition is likely to be a danger to public health…
Section 21 — Financial reasons
Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.
Section 22 — Misrepresentation
Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of…
Section 22.1 — Application of paragraph 41(a) of the Act
For the purpose of determining whether a foreign national is inadmissible under paragraph 41(a) of the Act for having failed to comply with the condition set out in paragraph 43(1)(e) or 183(1)(d) of…
Section 23 — Prescribed circumstances — family members
For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that the…
Section 24 — Exception
The exception set out in paragraph 38(2)(a) of the Act does not apply to a child who is not a dependent child of the sponsor. The following family members of a foreign national referred to in…
Section 24.1 — Application
A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a…
Section 24.2 — Required information
An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant: their place of birth, gender and marital status and the names of any former…
Section 24.3 — Return of application
If the requirements of sections 24.1 and 24.2 are not met, the application is not accepted for processing and the application and all documents submitted in support of it are returned to the…
Section 24.4 — Closing of file
The processing of the application is discontinued and the applicant’s file is closed if a notice has been sent to the applicant requiring that they confirm their intention to proceed with their…
Section 24.5 — Change in information
The applicant must notify the Minister without delay of any change in their address, telephone number or email address and, if the applicant is represented, the address, telephone number, fax number…
Section 24.6 — Limitation
The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary…
Section 25 — When unenforced removal order
A visa shall not be issued to a foreign national who is subject to an unenforced removal order.
Section 25.1 — General rule — one-step process
For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of any of the classes set out in these Regulations, other…
Section 25.2 — Electronic travel authorization not to be issued
An electronic travel authorization shall not be issued to a foreign national who is subject to an unenforced removal order.
Section 26 — Designation of ports of entry
The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation: the frequency or anticipated frequency of…
Section 26.1 — Services at port of entry
The Minister may, on the basis of the factors set out in section 26, specify whether the services provided at a port of entry include the following: the collection of biometric information under…
Section 27 — Obligation on entry
Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry. Unless…
Section 28 — Examination
For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by submitting an application in writing; seeking to enter Canada; seeking to transit through…
Section 29 — Medical examination
For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following: physical examination; mental examination; review of past medical history; laboratory…
Section 30 — Exemptions from medical examination requirement
For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are exempt from the requirement to submit to a medical examination: foreign nationals other than subject to…
Section 31 — Public health
Before opining whether a foreign national’s health condition is likely to be a danger to public health, an officer who is assessing the foreign national’s health condition shall consider any report…
Section 32 — Conditions
In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any…
Section 33 — Public safety
Before opining whether a foreign national’s health condition is likely to be a danger to public safety, an officer who is assessing the foreign national’s health condition shall consider any reports…
Section 34 — Excessive demand
An officer who is assessing a foreign national’s health condition shall analyze all relevant medical factors that apply to a determination of whether the foreign national’s health condition might…
Section 35 — Transit
Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada: in airports where there are…
Section 36 — Actions not constituting a complete examination
An inspection carried out aboard a means of transportation bringing persons to Canada or the questioning of persons embarking on or disembarking from a means of transportation, or the examination of…
Section 37 — End of examination
Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when a determination is made that the person has a…
Section 38 — Means
For the purposes of subsection 18(1) of the Act, the following persons may — unless otherwise directed by an officer — be examined by the means indicated as alternative to appearing for an…
Section 39 — Entry permitted
An officer shall allow the following persons to enter Canada following an examination: persons who have been returned to Canada as a result of a refusal of another country to allow them entry after…
Section 40 — Direction to leave
Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada…
Section 41 — Direct back
Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return…
Section 42 — Withdrawing application
Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the…
Section 43 — Conditions
An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act: to report in person at the time and place specified for the completion of the…
Section 44 — Class
The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons. The members of the class of persons…
Section 45 — Deposit or guarantee required on entry
An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any…
Section 46 — Application
Sections 47 to 49 apply to deposits and guarantees required under subsections 44(3), 56(1), 58(3) and 58.1(3) of the Act and section 45 of these Regulations.
Section 47 — General requirements
A person who pays a deposit or posts a guarantee must not have signed or co-signed another guarantee that is in default; and must have the capacity to contract in the province where the deposit is…
Section 48 — Conditions if guarantee posted
In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a guarantee is required: to provide the Department or the…
Section 49 — Acknowledgment of consequences of failure to comply with conditions
A person who pays a deposit or posts a guarantee must acknowledge in writing that they have been informed of the conditions imposed; and that they have been informed that non-compliance with any…
Section 50 — Documents — permanent residents
In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must…
Section 50.1 — Designation of unreliable travel documents
The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality. The Minister shall consider the…
Section 51 — Examination — permanent residents
A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination, inform the officer if the foreign national has become a…
Section 52 — Documents — temporary residents
In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized…
Section 53 — Document indicating status
For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is provided by the Department to a person who has become…
Section 54 — Period of validity
Subject to subsection (2), a permanent resident card is valid for five years from the date of issue. A permanent resident card is valid for one year from the date of issue if, at the time of issue,…