Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 155 — Revoking approval
An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or…
Section 156 — Ineligibility to be a party to a sponsorship
The following persons are ineligible to be a party to a sponsorship: a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections…
Section 157 — Joint assistance sponsorship
If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial…
Section 158 — Settlement in the Province of Quebec
If the foreign national and their family members intend to reside in the province of Quebec, the sponsor must meet the requirements for sponsorship under the Québec Immigration Regulation , CQLR, c.…
Section 159 — Working day
For the purposes of subsections 100(1) and (3) of the Act, a working day does not include Saturdays or holidays; a day that is not a working day is not included in the calculation of the three-day…
Section 159.01 — Definition of prior claim
For the purposes of paragraph 101(1)(c) of the Act, prior claim means a claim for refugee protection that was made under section 99 of the Act, other than a claim that was determined to be ineligible…
Section 159.1 — Definitions
The following definitions apply in this section and sections 159.2 to 159.7. Agreement means the Agreement done at Washington, D.C. on December 5, 2002 between the Government of Canada and the…
Section 159.2 — Non-application — former habitual residence
.Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual…
Section 159.3 — Designation — United States
The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a…
Section 159.4 — Non-application — ports of entry other than land ports of entry
Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at subject to subsection (1.1), a location that is not a port of entry; a port of entry that is a harbour port,…
Section 159.5 — Non-application — claimants at land ports of entry
Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes that a family member of the…
Section 159.6 — Non-application — claimants at land ports of entry and in transit
Paragraph 101(1)(e) of the Act does not apply if a claimant establishes that the claimant is charged in the United States with, or has been convicted there of, an offence that is punishable with the…
Section 159.7 — Temporal operation
For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if a notice…
Section 159.8 — Time limit — provision of documents and information to officer
For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and…
Section 159.9 — Time limits for hearing
Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than in the case of a…
Section 159.91 — Time limit for appeal
Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act, the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the…
Section 159.92 — Time limit for decision
Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make…
Section 160 — Application for protection
Subject to subsection (2) and for the purposes of subsection 112(1) of the Act, a person may apply for protection after they are given notification to that effect by the Department. A person…
Section 160.1 — Criterion — exemption from application of paragraphs 112(2)(b.1) or (c) of the Act
For the purposes of subsection 112(2.1) of the Act, the Minister must consider, when an exemption is made, any event having arisen in a country that could place all or some of its nationals or former…
Section 161 — Submissions
Subject to section 166, a person applying for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or…
Section 162 — Application within 15-day period
An application received within 15 days after notification was given under section 160 shall not be decided until at least 30 days after notification was given. The removal order is stayed under…
Section 163 — Applications after the 15-day period
A person who has remained in Canada since being given notification under section 160 may make an application after a period of 15 days has elapsed from notification being given under that section,…
Section 164 — Application that must be received within 15-day period — certificate
Despite section 163, an application by a person who is named in a certificate described in subsection 77(1) of the Act must be received within 15 days after notification was given under section 160.…
Section 165 — Subsequent application
A person whose application for protection was rejected and who has remained in Canada since being given notification under section 160 may make another application. Written submissions, if any, must…
Section 166 — Application at port of entry
An application for protection by a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility on entry into Canada must, if the order…
Section 167 — Hearing — prescribed factors
For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following: whether there is evidence that raises a serious issue of the applicant’s…
Section 168 — Hearing procedure
A hearing is subject to the following provisions: notice shall be provided to the applicant of the time and place of the hearing and the issues of fact that will be raised at the hearing; the hearing…
Section 169 — Abandonment
An application for protection is declared abandoned in the case of an applicant who fails to appear at a hearing, if the applicant is given notice of a subsequent hearing and fails to appear at that…
Section 170 — Withdrawal
An application for protection may be withdrawn by the applicant at any time by notifying the Minister in writing. The application is declared to be withdrawn on receipt of the notice.
Section 171 — Effect of abandonment and withdrawal
An application for protection is rejected when a decision is made not to allow the application or when the application is declared withdrawn or abandoned.
Section 172 — Applicant described in s. 112(3) of the Act
Before making a decision to allow or reject the application of an applicant described in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and…
Section 173 — Re-examination of stay — procedure
A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given a notice of re-examination; a written…
Section 174 — Reasons for decision
On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.
Section 174.1 — Regular reporting intervals
For the purposes of subsection 98.1(1) of the Act, a designated foreign national referred to in that subsection who has not become a permanent resident under subsection 21(2) of the Act must report…
Section 175 — Judicial review
For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial…
Section 176 — Family members
An applicant may include in their application to remain in Canada as a permanent resident any of their family members. A family member who is included in an application to remain in Canada as a…
Section 177 — Prescribed classes
For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents: the class of persons who have been the subject of a decision…
Section 178 — Identity documents
An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application any identity document issued outside Canada before the person’s entry into…
Section 179 — Issuance
An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national has applied in accordance with these Regulations for a…
Section 180 — Authorization
A foreign national who holds a temporary resident visa is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign…
Section 180.1 — Cancellation
An officer may cancel a temporary resident visa that was issued to a foreign national if the foreign national is inadmissible; the foreign national did not meet one or more of the requirements under…
Section 180.2 — Cancellation
A temporary resident visa 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 the…
Section 181 — Circumstances
A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if the application is made by the end of the period authorized for their stay; and…
Section 182 — Restoration
On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of…
Section 182.1 — Notice
If the Minister makes a declaration under subsection 22.1(1) of the Act in respect of a foreign national, the foreign national is considered to have been given notice of the declaration if notice is…
Section 182.2 — Written submissions
A foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act may make written submissions to the Minister as to why the declaration should be revoked or why its…
Section 183 — General conditions
Subject to section 185, the following conditions are imposed on all temporary residents: to leave Canada by the end of the period authorized for their stay; to not work, unless authorized by this…
Section 184 — Condition imposed on members of a crew
A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew. The following conditions are imposed on a foreign national who…
Section 185 — Specific conditions
An officer may impose, vary or cancel the following specific conditions on a temporary resident: the period authorized for their stay; the work that they are permitted to engage in, or are prohibited…
Section 186 — No permit required
A foreign national may work in Canada without a work permit as a business visitor to Canada within the meaning of section 187; as a foreign representative, if they are properly accredited by the…