Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2013-04-29

Marginal note:Prescribed class

  • 18.1 (1) 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, is a prescribed class for the application of paragraph 36(2)(a) of the Act.

  • Marginal note:Exemption

    (2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences.

  • SOR/2004-167, s. 8.
Marginal note:Transborder crime

19. For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed:

Marginal note:Assessment of inadmissibility on health grounds

20. An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 29 to 34 and the officer concluded that the foreign national's health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand.

Marginal note:Financial reasons

21. Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.

Marginal note:Misrepresentation

22. 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 paragraph 40(1)(a) of the Act.

Marginal note:Prescribed circumstances — family members

23. For the purposes of paragraph 42(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

  • (a) the foreign national has made an application for a permanent resident visa or to remain in Canada as a permanent resident; and

  • (b) the non-accompanying family member is

    • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

    • (ii) the common-law partner of the foreign national,

    • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

    • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.