Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Status document

• 31. (1) A permanent resident and a protected person shall be provided with a document indicating their status.

• Marginal note:Effect

  (2) For the purposes of this Act, unless an officer determines otherwise

  • (a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and

  • (b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.

• Marginal note:Travel document

  (3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that

  • (a) they comply with the residency obligation under section 28;

  • (b) an officer has made the determination referred to in paragraph 28(2)(c); or

  • (c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.

Marginal note:Regulations

32. The regulations may provide for any matter relating to the application of sections 27 to 31, may define, for the purposes of this Act, the terms used in those sections, and may include provisions respecting

• (a) classes of temporary residents, such as students and workers;

• (b) selection criteria for each class of foreign national and for their family members, and the procedures for evaluating all or some of those criteria;

• (c) anything referred to in paragraph (b) for which a decision or recommendation may or must be made by a designated person, institution or organization;

• (d) the conditions that must or may be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals, including conditions respecting work or study;

• (e) the residency obligation under section 28, including rules for calculating applicable days and periods; and

• (f) the circumstances in which a document indicating status or a travel document may or must be issued, renewed or revoked.

Marginal note:Rules of interpretation

33. The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.

Marginal note:Security

• 34. (1) A permanent resident or a foreign national is inadmissible on security grounds for

  • (a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;

  • (b) engaging in or instigating the subversion by force of any government;

  • (c) engaging in terrorism;

  • (d) being a danger to the security of Canada;

  • (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

  • (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).

• Marginal note:Exception

  (2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.