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

Regulations are current to 2022-09-22 and last amended on 2022-06-21. Previous Versions

PART 1Interpretation and Application (continued)

DIVISION 1Interpretation (continued)

Marginal note:Interpretation — member of a crew

  •  (1) For the purposes of these Regulations,

    • (a) member of a crew means a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew, but does not include

      • (i) any person whose fare is waived in exchange for work to be performed during the voyage or trip,

      • (ii) any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada,

      • (iii) any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or members of the crew, or

      • (iv) any in-flight security officer; and

    • (b) a person ceases to be a member of a crew if

      • (i) they have deserted;

      • (ii) an officer believes on reasonable grounds that they have deserted;

      • (iii) they have been hospitalized and have failed to return to the means of transportation or leave Canada after leaving the hospital, or

      • (iv) they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties.

  • Marginal note:Interpretation — adoption

    (2) For the purposes of these Regulations, adoption, for greater certainty, means an adoption that creates a legal parent-child relationship and severs the pre-existing legal parent-child relationship.

  • SOR/2004-167, s. 2
  • SOR/2010-253, s. 2

DIVISION 2Family Relationships

Marginal note:Bad faith

  •  (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

    • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

    • (b) is not genuine.

  • Marginal note:Adopted children

    (2) A foreign national shall not be considered an adopted child of a person if the adoption

    • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

    • (b) did not create a genuine parent-child relationship.

  • Marginal note:Sponsorship of adopted children

    (3) Subsection (2) does not apply to adoptions referred to in paragraph 117(1)(g) and subsections 117(2) and (4).

  • SOR/2004-167, s. 3(E)
  • SOR/2010-208, s. 1
  • SOR/2018-251, s. 1(F)

Marginal note:New relationship

 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

  • SOR/2004-167, s. 4

Marginal note:Excluded relationships

 For the purposes of these Regulations, a foreign national shall not be considered

  • (a) the spouse or common-law partner of a person if the foreign national is under the age of 18 years;

  • (b) the spouse of a person if

    • (i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

    • (ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person; or

  • (c) the spouse of a person if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.

  • SOR/2015-139, s. 1

PART 2General Requirements

DIVISION 1Documents Required Before Entry

Marginal note:Permanent resident

 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.

Marginal note:Temporary resident

  •  (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who

    • (a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;

    • (b) holds a temporary resident permit issued under subsection 24(1) of the Act;

    • (c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada; or

    • (d) is a citizen of Romania who is seeking to enter Canada by air and who obtained an electronic travel authorization before December 1, 2017.

  • Marginal note:When certificat d’acceptation du Québec required

    (3) In addition to any visa required under this section, a foreign national who is seeking to enter and remain in Canada on a temporary basis to receive medical treatment in the Province of Quebec must hold a certificat d’acceptation du Québec if the laws of that Province require the foreign national to hold that document.

  • SOR/2018-109, s. 1

Marginal note:Nationals of certain countries

  •  (1) Despite subsection 7(1), a foreign national who is a citizen of a country listed in the table to this subsection and who is seeking to enter Canada by air may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa or an electronic travel authorization.

    TABLE

    Country
    Brazil
  • Marginal note:Application for electronic travel authorization — conditions

    (2) A foreign national referred to in subsection (1) may only make an application for an electronic travel authorization if they

    • (a) have held a temporary resident visa at any time during the 10-year period immediately preceding the day on which they make their application; or

    • (b) hold a valid United States nonimmigrant visa on the day on which they make their application.

  • SOR/2017-53, s. 1
  • SOR/2017-246, s. 1

Marginal note:Electronic travel authorization

  •  (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who is seeking to enter Canada by air to remain on a temporary basis or a foreign national referred to in paragraph 7(2)(d) who is seeking to enter Canada to remain on a temporary basis is, nevertheless, required to obtain an electronic travel authorization before entering Canada, unless they are exempted by subsection (3) from the requirement to obtain one.

  • Marginal note:Holder of temporary resident visa

    (2) Subsection (1) does not apply to a foreign national who holds a temporary resident visa.

  • Marginal note:Exempt persons

    (3) The following persons are exempt from the requirement to obtain an electronic travel authorization:

    • (a) Her Majesty in right of Canada and any member of the Royal Family;

    • (b) a national of the United States or a person who has been lawfully admitted to the United States for permanent residence;

    • (c) a foreign national referred to in paragraph 190(2)(a);

    • (d) a foreign national seeking to enter and remain in Canada solely

      • (i) as a member of a crew of a means of transportation that may be used for transportation by air or to become a member of such a crew, or

      • (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation that may be used for transportation by air, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

    • (e) a citizen of France who is a resident of St. Pierre and Miquelon who seeks to enter Canada directly from St. Pierre and Miquelon; and

    • (f) a foreign national referred to in any of paragraphs 190(3)(b), (b.1), (c), (d), (f), (g) or (h).

Marginal note:Work permit

  •  (1) A foreign national may not enter Canada to work without first obtaining a work permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit

  •  (1) A foreign national may not enter Canada to study without first obtaining a study permit.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.

DIVISION 1.1Use of Electronic Means

Marginal note:Electronic means

  •  (1) Despite section 10, when an application, request or claim is made, a document or information is submitted electronically, or a signature by electronic means is provided, it must be made, submitted or provided using the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Supporting documents for electronic applications

    (2) When an application, request or claim is made by electronic means, any required information, documents or evidence of payment required in these Regulations must be submitted by the same means.

Marginal note:Application by electronic means

 The following applications must be made by the electronic means made available or specified by the Minister for that purpose:

  • (a) an application for an extension of an authorization to remain in Canada as a temporary resident;

  • (b) an application that is made in Canada for a work or study permit or for renewal of such a permit;

  • (c) an application for the restoration of temporary resident status;

  • (d) an application that is made pursuant to a youth mobility arrangement entered into by Canada.

Marginal note:Deemed receipt by the Minister

  •  (1) Any application, request, claim, document or information sent by a foreign national, or an individual or an entity using electronic means is deemed to have been received by the Minister at the time and on the date indicated by the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Deemed receipt by recipient

    (2) Any notice, request, decision, determination, document or information sent by the Minister using electronic means is deemed to have been received by the intended recipient at the time and on the date it was sent by the Minister as indicated by the electronic means that is used or specified by the Minister for that purpose.

Marginal note:Exception — use of other means

 Despite other provisions of these Regulations, the Minister may require a foreign national, or an individual or an entity to make an application, request or claim, submit any document or information or provide a signature by any other means made available or specified by the Minister for that purpose if the Minister determines that

  • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

  • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

Marginal note:Disability

 A foreign national or an individual who, because of a disability is unable to meet a requirement to make an application, request or claim, submit any document or provide a signature or information using electronic means, may do so by any other means that is made available or specified by the Minister for that purpose.

Marginal note:Payment of fees

  •  (1) Any fees to be paid or evidence of payment of fees referred to in these Regulations must be paid or provided by the electronic means that is made available or specified by the Minister for that purpose except in the following circumstances:

    • (a) if services for the collection of payment are provided by an entity under an agreement or arrangement with Canada for that purpose; or

    • (b) if fees may be paid at a port of entry by other means.

  • Marginal note:Payment in exceptional circumstances

    (2) Despite subsection (1), the required fees may be paid or evidence of payment provided by any other means that is made available or specified by the Minister for that purpose if the Minister determines that

    • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

    • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

  • Marginal note:Deemed receipt

    (3) Any fee paid by electronic means is deemed to be paid on the date and at the time recorded by the electronic means that is made available or specified by the Minister for that purpose.

  • Marginal note:Exception — disability

    (4) A foreign national or an individual who, because of a disability is unable to pay the required fees referred to in subsection (1) by electronic means, may do so by other means that is made available or specified by the Minister for that purpose.

 
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