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

Act current to 2015-03-31 and last amended on 2015-02-26. Previous Versions

Rights and Obligations of Permanent and Temporary Residents

Marginal note:Right of permanent residents
  •  (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.

  • Marginal note:Conditions

    (2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1).

  • 2001, c. 27, s. 27;
  • 2012, c. 19, s. 704.
Marginal note:Residency obligation
  •  (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

  • Marginal note:Application

    (2) The following provisions govern the residency obligation under subsection (1):

    • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

      • (i) physically present in Canada,

      • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

      • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

      • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

      • (v) referred to in regulations providing for other means of compliance;

    • (b) it is sufficient for a permanent resident to demonstrate at examination

      • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

      • (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

    • (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

  • 2001, c. 27, s. 28;
  • 2003, c. 22, s. 172(E).
Marginal note:Right of temporary residents
  •  (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit.

  • Marginal note:Obligation — temporary resident

    (2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay and may re-enter Canada only if their authorization provides for re-entry.