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

Marginal note:Required information

• 24.2 (1) An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant:

  • (a) their place of birth, gender and marital status and the names of any former spouses or common-law partners;

  • (b) their telephone number and email address, if any;

  • (c) their former countries of citizenship or former countries of nationality;

  • (d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution;

  • (e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address;

  • (f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and

  • (g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1).

• Marginal note:Non-application of paragraphs 10(2)(b) and (c)

  (2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act.

Marginal note:Return of application

24.3 If the requirements of sections 24.1 and 24.2 are not met, the application is not accepted for processing and the application and all documents submitted in support of it are returned to the applicant.

Marginal note:Closing of file

24.4 The processing of the application is discontinued and the applicant’s file is closed if

• (a) a notice has been sent to the applicant requiring that they confirm their intention to proceed with their application and the applicant fails to respond to the notice within 60 calendar days after the day on which it was sent;

• (b) the applicant has acquired permanent resident status;

• (c) the applicant withdraws their application in writing; or

• (d) the applicant has, since making their application, filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection 24.1(1).

Marginal note:Change in information

24.5 The applicant must notify the Minister without delay of any change in their address, telephone number or email address and, if the applicant is represented, the address, telephone number, fax number or email address of their representative.

PART 4Procedures

DIVISION 0.1Expiry Date

Marginal note:Limitation

• 24.6 (1) The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary resident status of a person who is a member of the visitor class, issued to a person who is required to provide their biometric information under section 10.01 of the Act, must not be later than 10 years after the latest day on which the person provided their biometric information under section 10.01 of the Act.

• Marginal note:Determination of latest day

  (2) The latest day on which the person provided their biometric information is determined at the time of the issuance of the permit, visa or other document.

DIVISION 1Visa Issuance

Marginal note:When unenforced removal order

25 A visa shall not be issued to a foreign national who is subject to an unenforced removal order.

Marginal note:General rule — one-step process

• 25.1 (1) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of any of the classes set out in these Regulations, other than in those cases referred to in subsections (2) to (9), and who makes an application under Division 5, 6 or 7 of Part 5 is the date on which the application is made.

• Marginal note:Certificat de sélection — distressful situation

  (2) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 71, to whom a Certificat de sélection du Québec has been issued declaring that that person is in a particularly distressful situation and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

• Marginal note:Quebec economic candidate

  (3) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 86, 90, 97 or 101, to whom a Certificat de sélection du Québec has been issued and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

• Marginal note:Provincial nominee

  (4) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the provincial nominee class, who is nominated by the province and who makes an application under Division 6 of Part 5 is the date on which the application for nomination was made to the province.

• Marginal note:Atlantic economic candidate

  (5) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the Atlantic immigration class and who makes an application under Division 6 of Part 5 is the date on which the application for endorsement was made to the province.

• Marginal note:Sponsorship — refugee

  (6) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in paragraph 139(1)(h), who makes an application under Division 6 of Part 5 and in respect of whom an undertaking application is made by a sponsor who meets the requirements of sponsorship set out in section 158 is the date on which the undertaking application was made to Quebec.

• Marginal note:Refugee

  (7) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who submits an application for a permanent resident visa under Division 1 of Part 8 along with one of the referrals set out in section 140.3 is the date on which the referral was made.

• Marginal note:Family member who does not accompany applicant

  (8) For the purposes of determining whether a child who submits an application under paragraph 141(1)(b) is the dependent child of a person who has submitted an application under paragraph 139(1)(b), the lock-in date for the age of that child is the date on which that person submitted the application.

• Marginal note:Refugee protection

  (9) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who has submitted a claim for refugee protection inside Canada under subsection 99(3) of the Act, who has acquired protected person status and who has made an application for permanent residence is the date on which the claim for refugee protection was made.

DIVISION 1.1Issuance of Electronic Travel Authorization

Marginal note:Electronic travel authorization not to be issued

25.2 An electronic travel authorization shall not be issued to a foreign national who is subject to an unenforced removal order.

DIVISION 2Authorization to Enter Canada

Marginal note:Designation of ports of entry

26 The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation:

• (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration;

• (b) the need for the services of the Canada Border Services Agency in that area;

• (c) the operational requirements of commercial transporters;

• (d) administrative arrangements with other departments or agencies of the Government of Canada;

• (e) the operational capacity of the Canada Border Services Agency; and

• (f) any order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act that prohibits the entry of certain persons into Canada.

Marginal note:Services at port of entry

26.1 The Minister may, on the basis of the factors set out in section 26, specify whether the services provided at a port of entry include the following:

• (a) the collection of biometric information under section 12.3;

• (b) the reception of a permanent resident visa that a foreign national presents, under section 71.1, in order to become a permanent resident;

• (c) the reception of an application for an extension of an authorization to remain in Canada as a temporary resident under section 181;

• (d) the reception of an application for the restoration of temporary resident status under section 182;

• (e) the reception of an application for a work permit under subsection 198(1);

• (f) the reception of an application for the renewal of a work permit under section 201;

• (g) the reception of an application for a study permit under section 214; and

• (h) the reception of an application for the renewal of a study permit under section 217.

Marginal note:Obligation on entry

• 27 (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry.

• Marginal note:Seeking entry at a place other than a port of entry

  (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place.

• Marginal note:Refused entry elsewhere

  (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.

DIVISION 3Conduct of Examination

General

Marginal note:Examination

28 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by

• (a) submitting an application in writing;

• (b) seeking to enter Canada;

• (c) seeking to transit through Canada as provided in section 35; or

• (d) making a claim for refugee protection.

Marginal note:Medical examination

29 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:

• (a) physical examination;

• (b) mental examination;

• (c) review of past medical history;

• (d) laboratory test;

• (e) diagnostic test; and

• (f) medical assessment of records respecting the applicant.

Marginal note:Exemptions from medical examination requirement

• 30 (1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are exempt from the requirement to submit to a medical examination:

  • (a) foreign nationals other than

    • (i) subject to paragraph (g), foreign nationals who are applying for a permanent resident visa or applying to remain in Canada as a permanent resident, as well as their family members, whether accompanying or not,

    • (ii) foreign nationals who are seeking to work in Canada in an occupation in which the protection of public health is essential,

    • (iii) foreign nationals who

      • (A) are seeking to enter Canada or applying for renewal of their work or study permit or authorization to remain in Canada as a temporary resident for a period in excess of six consecutive months, including an actual or proposed period of absence from Canada of less than 14 days, and

      • (B) have resided or stayed for a period of six consecutive months, at any time during the one-year period immediately preceding the date that they sought entry or made their application, in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada,

    • (iv) foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act,

    • (v) foreign nationals who claim refugee protection in Canada, and

    • (vi) foreign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection 112(1) of the Act, other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected;

  • (b) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

  • (c) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

  • (d) a member of the armed forces of a country that is a designated state as defined in the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

  • (e) a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident; and

  • (f) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada.

  • (g) [Repealed, SOR/2017-78, s. 3]

• Marginal note:Subsequent examination

  (2) Every foreign national who has undergone a medical examination as required under paragraph 16(2)(b) of the Act must submit to a new medical examination before entering Canada if, after being authorized to enter and remain in Canada, they have resided or stayed for a total period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

• Marginal note:Medical certificate

  (3) Every foreign national who must submit to a medical examination, as required under paragraph 16(2)(b) of the Act, and who seeks to enter Canada must hold a medical certificate — based on the most recent medical examination to which they were required to submit under that paragraph and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.