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

Marginal note:Income calculation rules

• 134 (1) Subject to subsection (3), for the purpose of clause 133(1)(j)(i)(A), the sponsor’s total income shall be calculated in accordance with the following rules:

  • (a) the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the date of filing of the sponsorship application;

  • (b) if the sponsor produces a document referred to in paragraph (a), the sponsor’s income is the income earned as reported in that document less the amounts referred to in subparagraphs (c)(i) to (v);

  • (c) if the sponsor does not produce a document referred to in paragraph (a), or if the sponsor’s income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor’s income is the sponsor’s Canadian income earned during the 12-month period preceding the date of filing of the sponsorship application not including

    • (i) any provincial allowance received by the sponsor for a program of instruction or training,

    • (ii) any social assistance received by the sponsor from a province,

    • (iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

    • (iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

    • (v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

    • (vi) any Canada child benefit paid to the sponsor under the Income Tax Act; and

  • (d) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) to (c), with any modifications that the circumstances require, shall be included in the calculation of the sponsor’s income.

• Marginal note:Exception

  (1.1) Subject to subsection (3), for the purpose of clause 133(1)(j)(i)(B), the sponsor’s total income shall be calculated in accordance with the following rules:

  • (a) the sponsor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application;

  • (b) the sponsor’s income is the income earned as reported in the documents referred to in paragraph (a), not including

    • (i) any provincial allowance received by the sponsor for a program of instruction or training,

    • (ii) any social assistance received by the sponsor from a province,

    • (iii) any financial assistance received by the sponsor from the Government of Canada under a resettlement assistance program,

    • (iv) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits,

    • (v) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and

    • (vi) any Canada child benefit paid to the sponsor under the Income Tax Act; and

  • (c) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) and (b), with any modifications that the circumstances require, shall be included in the calculation of the sponsor’s income.

• Marginal note:Updated evidence of income

  (2) An officer may request from the sponsor, after the receipt of the sponsorship application but before a decision is made on an application for permanent residence, updated evidence of income if

  • (a) the officer receives information indicating that the sponsor is no longer able to fulfil the obligations of the sponsorship undertaking; or

  • (b) more than 12 months have elapsed since the receipt of the sponsorship application.

• Marginal note:Modified income calculation rules

  (3) When an officer receives the updated evidence of income requested under subsection (2), the sponsor’s total income shall be calculated in accordance with subsection (1) or (1.1), as applicable, except that

  • (a) in the case of paragraph (1)(a), the sponsor’s income shall be calculated on the basis of the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of the most recent taxation year preceding the day on which the officer receives the updated evidence;

  • (b) in the case of paragraph (1)(c), the sponsor’s income is the sponsor’s Canadian income earned during the 12-month period preceding the day on which the officer receives the updated evidence; and

  • (c) in the case of paragraph (1.1)(a), the sponsor’s income shall be calculated on the basis of the income earned as reported in the notices of assessment, or an equivalent document, issued by the Minister of National Revenue in respect of each of the three consecutive taxation years immediately preceding the day on which the officer receives the updated evidence.

Marginal note:Default

135 For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking

• (a) begins when

  • (i) a government makes a payment that the sponsor has in the undertaking promised to repay, or

  • (ii) an obligation set out in the undertaking is breached; and

• (b) ends, as the case may be, when

  • (i) the sponsor reimburses the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or

  • (ii) the sponsor ceases to be in breach of the obligation set out in the undertaking.

Marginal note:Suspension during proceedings against sponsor or co-signer

• 136 (1) If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until there has been a final determination of the proceeding:

  • (a) the revocation of citizenship under the Citizenship Act;

  • (b) a report prepared under subsection 44(1) of the Act; or

  • (c) a charge alleging the commission of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

• Marginal note:Suspension following proceeding

  (2) In respect of a proceeding to which subsection 63(4) of the Act applies, the sponsorship application shall not be processed until the later of

  • (a) the period for making an appeal under that subsection has expired, and

  • (b) if an appeal is made, the final determination of the appeal.

Marginal note:Undertaking — Province of Quebec

137 If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b),

• (a) the sponsor’s undertaking, given in accordance with section 131, is the undertaking required by An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time;

• (b) an officer shall approve the sponsorship application only if there is evidence that the competent authority of the Province has determined that the sponsor, on the day the undertaking was given as well as on the day a decision was made with respect to the application, was able to fulfil the undertaking; and

• (c) subsections 132(4) and (5) and paragraphs 133(1)(g) and (i) do not apply.

DIVISION 3.1Collection and Disclosure of Information

Marginal note:Collection of social insurance number

• 137.1 (1) The Minister may collect the social insurance numbers of a sponsor and a co-signer who have submitted an application to sponsor a person set out in clause 133(1)(j)(i)(B), in order to verify that they meet the requirements set out in clause 133(1)(j)(i)(B) and in paragraph 133(1)(k).

• Marginal note:Disclosure of social insurance number

  (2) The Minister may disclose the social insurance numbers of the sponsor and the co-signer to the Canada Revenue Agency for the purposes set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.

PART 8Refugee Classes

DIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents

Interpretation

Marginal note:Definitions

138 The definitions in this section apply in this Division and in Division 2.

group

group means

• (a) five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

• (b) one or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, and a corporation or unincorporated organization or association referred to in subsection 13(2) of the Act, acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances. (groupe)

referral organization

referral organization means

• (a) the United Nations High Commissioner for Refugees; or

• (b) any organization with which the Minister has entered into a memorandum of understanding under section 143. (organisation de recommandation)

sponsor

sponsor means

• (a) a group, a corporation or an unincorporated organization or association referred to in subsection 13(2) of the Act, or any combination of them, that is acting for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

• (b) for the purposes of section 158, a sponsor as defined in section 1 of the Québec Immigration Regulation, CQLR, c. I-0.2.1, r. 3, as amended from time to time. (répondant)

undertaking

undertaking means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member’s accompanying family members and any of the member’s non-accompanying family members who meet the requirements of section 141, for the period determined in accordance with subsections 154(2) and (3). (engagement)

urgent need of protection

urgent need of protection means, in respect of a member of the Convention refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be

• (a) killed;

• (b) subjected to violence, torture, sexual assault or arbitrary imprisonment; or

• (c) returned to their country of nationality or of their former habitual residence. (besoin urgent de protection)

vulnerable

vulnerable means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety. (vulnérable)

General

Marginal note:General requirements

• 139 (1) A permanent resident visa shall be issued to a foreign national in need of refugee protection, and their accompanying family members, if following an examination it is established that

  • (a) the foreign national is outside Canada;

  • (b) the foreign national has submitted an application for a permanent resident visa under this Division in accordance with paragraphs 10(1)(a) to (c) and (2)(c.1) to (d) and sections 140.1 to 140.3;

  • (c) the foreign national is seeking to come to Canada to establish permanent residence;

  • (d) the foreign national is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely

    • (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or

    • (ii) resettlement or an offer of resettlement in another country;

  • (e) the foreign national is a member of one of the classes prescribed by this Division;

  • (f) one of the following is the case, namely

    • (i) the sponsor’s sponsorship application for the foreign national and their family members included in the application for protection has been approved under these Regulations,

    • (ii) in the case of a member of the Convention refugee abroad class, financial assistance in the form of funds from a governmental resettlement assistance program is available in Canada for the foreign national and their family members included in the application for protection, or

    • (iii) the foreign national has sufficient financial resources to provide for the lodging, care and maintenance, and for the resettlement in Canada, of themself and their family members included in the application for protection;

  • (g) if the foreign national intends to reside in a province other than the Province of Quebec, the foreign national and their family members included in the application for protection will be able to become successfully established in Canada, taking into account the following factors:

    • (i) their resourcefulness and other similar qualities that assist in integration in a new society,

    • (ii) the presence of their relatives, including the relatives of a spouse or a common-law partner, or their sponsor in the expected community of resettlement,

    • (iii) their potential for employment in Canada, given their education, work experience and skills, and

    • (iv) their ability to learn to communicate in one of the official languages of Canada;

  • (h) if the foreign national intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national and their family members included in the application for protection meet the selection criteria of the Province; and

  • (i) subject to subsections (3) and (4), the foreign national and their family members included in the application for protection are not inadmissible.

• Marginal note:Exception

  (2) Paragraph (1)(g) does not apply to a foreign national, or their family members included in the application for protection, who has been determined by an officer to be vulnerable or in urgent need of protection.

• Marginal note:Financial inadmissibility — exemption

  (3) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of section 39 of the Act.

• Marginal note:Health grounds — exception

  (4) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of paragraph 38(1)(c) of the Act.