GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 135
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. SOR/2014-140, s. 11(F)
Immigration and Refugee Protection Regulations — 136
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. 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. SOR/2014-140, s. 12 SOR/2019-212, s. 7
Immigration and Refugee Protection Regulations — 137
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.
Immigration and Refugee Protection Regulations — 137.1
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). 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. SOR/2015-138, s. 2
Immigration and Refugee Protection Regulations — 138
Definitions 138 The definitions in this section apply in this Division and in Division 2. 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 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 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 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 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 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 ) SOR/2009-163, s. 2(F); SOR/2011-222, s. 3 SOR/2023-249, s. 8
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
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 )
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
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 )
Immigration and Refugee Protection Regulations — 140
Class of family members 140 Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class.
Immigration and Refugee Protection Regulations — 140.1
Application 140.1 An application for a permanent resident visa submitted by a foreign national under this Division shall indicate that the foreign national is outside Canada and is making a claim for refugee protection and shall (a) contain the name, address and country of birth of the applicant and of all their accompanying family members; (b) contain the name and country of birth of all the applicant’s non-accompanying family members; and (c) indicate whether the applicant or any of their accompanying or non-accompanying family members is the spouse, common-law partner or conjugal partner of another person. SOR/2012-225, s. 5
Immigration and Refugee Protection Regulations — 140.2
Sponsorship of foreign national — requirement to attach applications 140.2 (1) If the foreign national making an application for a permanent resident visa under this Division is being sponsored, the application for a permanent resident visa shall (a) be accompanied by a sponsorship application referred to in paragraph 153(1)(b) by which the foreign national is being sponsored; or (b) be attached to the sponsorship application sent by the sponsor in accordance with subsection 153(1.2). Place of application (2) The foreign national who has chosen to have their application for a permanent resident visa accompanied by the sponsorship application shall send the application for a permanent resident visa and the sponsorship application to the Department’s Case Processing Centre in Canada for processing those applications. SOR/2012-225, s. 5
Immigration and Refugee Protection Regulations — 140.3
Referral requirement 140.3 (1) If the foreign national making an application for a permanent resident visa under this Division is not being sponsored, a foreign national making an application for a permanent resident visa under this Division shall submit their application with one of the following referrals, if the referral has not yet been submitted to the immigration office by its issuer: (a) a referral from a referral organization; (b) a referral resulting from an arrangement between the Minister and the government of a foreign state or any institution of such a government relating to resettlement; or (c) a referral resulting from an agreement relating to resettlement entered into by the Government of Canada and an international organization or the government of a foreign state. Exception (2) A foreign national may submit the application without a referral if they reside in a geographic area as determined by the Minister in accordance with subsection (3). Minister’s determination (3) The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications without a referral: (a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 143 that they are unable to make the number of referrals specified in their memorandum of understanding for the area; (b) the inability of referral organizations to refer persons in the area; (c) the resettlement needs in the area, after consultation with referral organizations that have substantial knowledge of the area; and (d) the relative importance of resettlement needs in the area, within the context of resettlement needs globally. Place of application (4) If the foreign national who is being referred under any of paragraphs (1)(a) to (c) or if the foreign national resides in a geographic area as determined by the Minister in accordance with subsection (3), the foreign national shall submit their application to the immigration office outside Canada that serves the foreign national’s place of residence. SOR/2012-225, s. 5
Immigration and Refugee Protection Regulations — 140.4
Return of documents 140.4 An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the applications, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if (a) in the case of an application for a permanent resident visa, the requirements set out in paragraph 139(1)(b) are not met; or (b) in the case of a sponsorship application, the requirements set out in paragraph 153(1)(b) and subsections 153(1.2) and (2) are not met. SOR/2012-225, s. 5; SOR/2018-128, s. 6
Immigration and Refugee Protection Regulations — 141
Non-accompanying family member 141 (1) A permanent resident visa shall be issued to a family member who does not accompany the applicant if, following an examination, it is established that (a) the family member was included in the applicant’s permanent resident visa application at the time that application was made, or was added to that application before the applicant’s departure for Canada; (b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant; (c) the family member is not inadmissible; (d) if the applicant is the subject of a sponsorship application referred to in paragraph 139(1)(f)(i), their sponsor has been notified of the family member’s application and an officer is satisfied that there are adequate financial arrangements for resettlement; and (e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province. Non-application of paragraph 139(1)(b) (2) For greater certainty, the requirements set out in paragraph 139(1)(b) do not apply to the application of a non-accompanying family member. SOR/2004-167, s. 80(F); SOR/2012-225, s. 6; SOR/2014-140, s. 14
Immigration and Refugee Protection Regulations — 142
Requirements — family members 142 Subject to subsections 25.1(1) and (6) to (8) and for the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant (a) at the time the application referred to in paragraph 139(1)(b) is made; and (b) at the time of the determination of the application referred to in paragraph 141(1)(b). SOR/2012-225, s. 7; SOR/2014-133, s. 9
Immigration and Refugee Protection Regulations — 143
Memorandum of understanding 143 (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates (a) a working knowledge of the provisions of the Act relating to protection criteria; and (b) an ability abroad to locate and identify Convention refugees and persons in similar circumstances. Content of memorandum of understanding (2) The memorandum of understanding shall include provisions with respect to (a) the geographic area to be served by the organization; (b) the number of referrals that may be made by the organization and the manner of referral; (c) the training of members or employees of the organization; and (d) the grounds for suspending or cancelling the memorandum of understanding. SOR/2004-167, s. 46(F); SOR/2009-163, s. 3(F)
Immigration and Refugee Protection Regulations — 144
Convention refugees abroad class 144 The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.
Immigration and Refugee Protection Regulations — 145
Member of Convention refugees abroad class 145 A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.
Immigration and Refugee Protection Regulations — 146
Person in similar circumstances to those of a Convention refugee 146 (1) For the purposes of subsection 12(3) of the Act, a person in similar circumstances to those of a Convention refugee is a member of the country of asylum class. Humanitarian-protected persons abroad (2) The country of asylum class is prescribed as a humanitarian-protected persons abroad class of persons who may be issued permanent resident visas on the basis of the requirements of this Division. SOR/2011-222, s. 5
Immigration and Refugee Protection Regulations — 147
Member of country of asylum class 147 A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because (a) they are outside all of their countries of nationality and habitual residence; and (b) they have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries.
Immigration and Refugee Protection Regulations — 151
Travel document 151 An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who (a) holds a permanent resident visa or a temporary resident permit; (b) does not hold a valid passport or travel document issued by their country of nationality or the country of their present or former habitual residence; (c) does not hold a valid travel document issued by the United Nations or the International Committee of the Red Cross and is unable to obtain such a document within a reasonable time; and (d) would be unable to travel to Canada if the temporary travel document were not issued. SOR/2009-163, s. 6(F)
Immigration and Refugee Protection Regulations — 151.1
Protected temporary residents class 151.1 (1) The protected temporary residents class is prescribed as a class of persons who may become permanent residents on the basis of the requirements of this section. Member of the class (2) A foreign national is a protected temporary resident and a member of the protected temporary residents class if the foreign national holds a temporary resident permit and (a) became a temporary resident under a temporary resident permit for protection reasons after making a claim for refugee protection outside Canada under section 99 of the Act; or (b) was issued a Minister’s permit under section 37 of the former Act after seeking admission to Canada under section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations . Application (2.1) A foreign national destined for Quebec does not become a member of the protected temporary residents class described in paragraph (2)(a) if they have not received a selection certificate from the Province of Quebec. Former Act and Regulations (3) In subsection (2), former Act has the same meaning as in section 187 of the Act and former Regulations and Humanitarian Designated Classes Regulations have the same meaning as in subsection 316(1) of these Regulations. SOR/2004-167, s. 48; SOR/2009-163, s. 7(F)
Immigration and Refugee Protection Regulations — 152
Sponsorship agreements 152 (1) The Minister may enter into a sponsorship agreement with a sponsor for the purpose of facilitating the processing of sponsorship applications. Contents of agreement (2) A sponsorship agreement shall include provisions relating to (a) settlement plans; (b) financial requirements; (c) assistance to be provided by the Department; (d) the standard of conduct expected of the sponsor; (e) reporting requirements; and (f) the grounds for suspending or cancelling the agreement.
Immigration and Refugee Protection Regulations — 153
Sponsorship requirements 153 (1) In order to sponsor a foreign national and their family members who are members of a class prescribed by Division 1, a sponsor (a) must reside or have representatives in the expected community of settlement; (b) must make a sponsorship application that includes a settlement plan, an undertaking and, if the sponsor has not entered into a sponsorship agreement with the Minister, a document issued by the United Nations High Commissioner for Refugees or a foreign state certifying the status of the foreign national as a refugee under the rules applicable to the United Nations High Commissioner for Refugees or the applicable laws of the foreign state, as the case may be; and (c) must not be — or include — an individual, a corporation or an unincorporated organization or association that was a party to a sponsorship in which they defaulted on an undertaking and remain in default. Non-application of paragraphs 13(1)(a) and (b) (1.1) Paragraphs 13(1)(a) and (b) do not apply to the document referred to in paragraph (1)(b) issued by the United Nations High Commissioner for Refugees or a foreign state. Place of application (1.2) If the foreign national has chosen to have their application for a permanent resident visa attached to the sponsorship application in accordance with paragraph 140.2(1)(b), the sponsor must send the sponsorship application and the application for a permanent resident visa to the Department’s Case Processing Centre in Canada for processing those applications. Undertaking (2) The undertaking referred to in paragraph (1)(b) shall be signed by each party to the sponsorship. Joint and several or solidary liability (3) All parties to the undertaking are jointly and severally or solidarily liable. End of default (4) A party or a sponsor who defaults on an undertaking ceases to be in default (a) in the case of a sponsor who defaults on a financial obligation, when the sponsor has reimbursed the government concerned, in full or in accordance with an agreement with that government, for amounts paid by the government; (b) in the case of a party, other than an organization or association, who defaults on a financial obligation, when the defaulting party has reimbursed any other party to the sponsorship, in full or in accordance with an agreement with that party, for amounts paid by that party; (c) in the case of a sponsor who defaults on a non-financial obligation, when the sponsor satisfies an officer that they are in compliance with the obligation; and (d) in the case of an organization or association that was a party to a sponsorship and defaulted for any reason, when a period of five years has elapsed from the date of default. SOR/2009-163, s. 8(F); SOR/2012-225, s. 9; SOR/2014-140, s. 15
Immigration and Refugee Protection Regulations — 154
Approval of application 154 (1) An officer shall approve an application referred to in paragraph 153(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that (a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 157(1) applies; and (b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement. Duration of sponsor’s undertaking (2) Subject to subsection (3), the duration of an undertaking is one year. Officer’s determination (3) An officer may, on the basis of the assessment made under paragraph 139(1)(g), require that the duration of the undertaking be more than one year but not more than three years.