GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 155
Revoking approval 155 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1).
Immigration and Refugee Protection Regulations — 156
Ineligibility to be a party to a sponsorship 156 (1) The following persons are ineligible to be a party to a sponsorship: (a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act , regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person’s sentence; (b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person’s sentence imposed under a foreign law; (c) a person who is in default of any support payment obligations ordered by a court; (d) a person who is subject to a removal order; (e) a person who is subject to a revocation proceeding under the Citizenship Act ; and (f) a person who is detained in any penitentiary, jail, reformatory or prison. Exception if pardoned (2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act , or in respect of which there has been a final determination of an acquittal. SOR/2010-195, s. 14
Immigration and Refugee Protection Regulations — 157
Joint assistance sponsorship 157 (1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial assistance of the Government of Canada available for the purpose of sponsorship. A sponsor identified by the Department is exempt from the financial requirements of paragraph 154(1)(a). Definition of special needs (2) In this section, special needs means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including (a) a large number of family members; (b) trauma resulting from violence or torture; (c) medical disabilities; and (d) the effects of systemic discrimination.
Immigration and Refugee Protection Regulations — 158
Settlement in the Province of Quebec 158 If the foreign national and their family members intend to reside in the province of Quebec, the sponsor must meet the requirements for sponsorship under the Québec Immigration Regulation , CQLR, c. I-0.2.1, r. 3, as amended from time to time. In such a case, the requirements of this Division, other than section 156, do not apply. SOR/2004-167, s. 80(F) SOR/2023-249, s. 9
Immigration and Refugee Protection Regulations — 159
Working day 159 For the purposes of subsections 100(1) and (3) of the Act, (a) a working day does not include Saturdays or holidays; (b) a day that is not a working day is not included in the calculation of the three-day period; and (c) the three-day period begins from the day on which the claim is received.
Immigration and Refugee Protection Regulations — 159.01
Definition of prior claim 159.01 For the purposes of paragraph 101(1)(c) of the Act, prior claim means a claim for refugee protection that was made under section 99 of the Act, other than a claim that was determined to be ineligible to be referred to the Refugee Protection Division under paragraph 101(1)(e) of the Act if the foreign national who made that claim is subsequently seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there. SOR/2023-58, s. 1
Immigration and Refugee Protection Regulations — 159.1
Definitions 159.1 The following definitions apply in this section and sections 159.2 to 159.7. Agreement means the Agreement done at Washington, D.C. on December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, including any modifications or additions made in accordance with its terms. ( Accord ) claimant means a claimant referred to in paragraph 101(1)(e) of the Act. ( demandeur ) designated country means a country designated by section 159.3. ( pays désigné ) family member , in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. ( membre de la famille ) legal guardian , in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. ( tuteur légal ) stateless person means a person who is not considered a national by any state under the operation of its law. ( apatride ) United States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. ( États-Unis ) SOR/2004-217, s. 2 SOR/2023-58, s. 2
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
Agreement means the Agreement done at Washington, D.C. on December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, including any modifications or additions made in accordance with its terms. ( Accord )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
claimant means a claimant referred to in paragraph 101(1)(e) of the Act. ( demandeur )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
designated country means a country designated by section 159.3. ( pays désigné )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
family member , in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. ( membre de la famille )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
legal guardian , in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. ( tuteur légal )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
stateless person means a person who is not considered a national by any state under the operation of its law. ( apatride )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
United States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. ( États-Unis )
Immigration and Refugee Protection Regulations — 159.2
Non-application — former habitual residence 159.2 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence. SOR/2004-217, s. 2
Immigration and Refugee Protection Regulations — 159.3
Designation — United States 159.3 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act. SOR/2004-217, s. 2
Immigration and Refugee Protection Regulations — 159.4
Non-application — ports of entry other than land ports of entry 159.4 (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at (a) subject to subsection (1.1), a location that is not a port of entry; (b) a port of entry that is a harbour port, including a ferry landing; or (c) subject to subsection (2), a port of entry that is an airport. Exception — land border other than ports of entry (1.1) Paragraph 101(1)(e) of the Act applies to a claimant who enters Canada at a location along the Canada – United States land border — including the waters along or across that border — that is not a port of entry and makes a claim for refugee protection less than 14 days after the day on which the claimant enters Canada unless the claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant. In transit exception (2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order. SOR/2004-217, s. 2 SOR/2023-58, s. 3
Immigration and Refugee Protection Regulations — 159.5
Non-application — claimants at land ports of entry 159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes that (a) a family member of the claimant is in Canada and is a Canadian citizen; (b) a family member of the claimant is in Canada and is (i) a protected person within the meaning of subsection 95(2) of the Act, (ii) a permanent resident under the Act, or (iii) a person in favour of whom a removal order has been stayed in accordance with section 233; (c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless (i) the claim has been withdrawn by the family member, (ii) the claim has been abandoned by the family member, (iii) the claim has been rejected, or (iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection; (d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than (i) a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or (ii) a study permit that has become invalid as a result of the application of section 222; (e) the claimant is a person who (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian, (ii) has neither a spouse nor a common-law partner, and (iii) has neither a mother or father nor a legal guardian in Canada or the United States; (f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely, (i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively, (ii) a temporary resident permit issued under subsection 24(1) of the Act, (iii) a travel document referred to in subsection 31(3) of the Act, (iv) refugee travel papers issued by the Minister, or (v) a temporary travel document referred to in section 151; (g) the claimant is a person (i) who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and (ii) who would, if the claimant were entering the United States, be required to hold a visa; or (h) the claimant is (i) a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or (ii) a permanent resident who has been ordered removed from the United States and is being returned to Canada. SOR/2004-217, s. 2; SOR/2009-290, s. 2(E); SOR/2015-46, s. 1 SOR/2023-58, s. 4
Immigration and Refugee Protection Regulations — 159.6
Non-application — claimants at land ports of entry and in transit 159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes that the claimant (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country. (c) [Repealed, SOR/2009-210, s. 1] SOR/2004-217, s. 2; SOR/2009-210, s. 1 SOR/2023-58, s. 5
Immigration and Refugee Protection Regulations — 159.7
Temporal operation 159.7 (1) For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if (a) a notice of suspension of the Agreement setting out the period of suspension is publicized broadly in the various regions of Canada by the Minister via information media and on the website of the Department; (b) a notice of renewal of the suspension of the Agreement setting out the period of renewal of suspension is published in accordance with subsection (6); (c) a notice of suspension of a part of the Agreement is issued by the Government of Canada and the Government of the United States; or (d) a notice of termination of the Agreement is issued by the Government of Canada or the Government of the United States. Paragraph (1)(a) — notice of suspension of Agreement (2) Subject to subsection (3), if a notice of suspension of the Agreement is publicized under paragraph (1)(a), sections 159.2 to 159.6 are rendered inoperative for a period of up to three months that shall be set out in the notice, which period shall begin on the day after the day on which the notice is publicized. Paragraph (1)(b) — notice of renewal of suspension of Agreement (3) If a notice of renewal of the suspension of the Agreement is published under paragraph (1)(b), sections 159.2 to 159.6 are rendered inoperative for the further period of up to three months set out in the notice. Paragraph (1)(c) — suspension of part of Agreement (4) If a notice of suspension of part of the Agreement is issued under paragraph (1)(c), those provisions of these Regulations relating to the application of the Agreement that are referred to in the notice are rendered inoperative for a period that shall be set out in the notice. All other provisions of these Regulations continue to apply. Paragraph (1)(d) — termination of Agreement (5) If a notice of termination of the Agreement is issued under paragraph (1)(d), sections 159.1 to 159.6 and this section cease to have effect on the day set out in the notice. Publication requirement — Canada Gazette (6) Any notice referred to in paragraph (1)(b), (c) or (d) shall be published in the Canada Gazette , Part I, not less than seven days before the day on which the renewal, suspension in part or termination provided for in the notice is effective. SOR/2004-217, s. 2
Immigration and Refugee Protection Regulations — 159.8
Time limit — provision of documents and information to officer 159.8 (1) For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act. Time limit — provision of documents and information to Refugee Protection Division (2) Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division. Extension (3) If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit by the number of days that is necessary in the circumstances. SOR/2012-252, s. 1
Immigration and Refugee Protection Regulations — 159.9
Time limits for hearing 159.9 (1) Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than (a) in the case of a claimant referred to in subsection 111.1(2) of the Act, (i) 30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and (ii) 45 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and (b) in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry. Exclusion (2) If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day. Exceptions (3) If the hearing cannot be held within the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) for any of the following reasons, the hearing must be held as soon as feasible after that time limit: (a) for reasons of fairness and natural justice; (b) because of a pending investigation or inquiry relating to any of sections 34 to 37 of the Act; or (c) because of operational limitations of the Refugee Protection Division. SOR/2012-252, s. 1
Immigration and Refugee Protection Regulations — 159.91
Time limit for appeal 159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act, (a) the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and (b) the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. Extension (2) If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances. SOR/2012-252, s. 1
Immigration and Refugee Protection Regulations — 159.92
Time limit for decision 159.92 (1) Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected. Exception (2) If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible after that time limit. SOR/2012-252, s. 1
Immigration and Refugee Protection Regulations — 160
Application for protection 160 (1) Subject to subsection (2) and for the purposes of subsection 112(1) of the Act, a person may apply for protection after they are given notification to that effect by the Department. No notification (2) A person described in section 165 or 166 may apply for protection in accordance with that section without being given notification to that effect by the Department. Notification (3) Notification shall be given (a) in the case of a person who is subject to a removal order that is in force, before removal from Canada; and (b) in the case of a person named in a certificate described in subsection 77(1) of the Act, when the summary of information and other evidence is filed under subsection 77(2) of the Act. When notification is given (4) Notification is given (a) when the person is given the application for protection form by hand; or (b) if the application for protection form is sent by mail, seven days after the day on which it was sent to the person at the last address provided by them to the Department. SOR/2008-193, s. 1; SOR/2009-290, s. 3(F)
Immigration and Refugee Protection Regulations — 160.1
Criterion — exemption from application of paragraphs 112(2)(b.1) or (c) of the Act 160.1 For the purposes of subsection 112(2.1) of the Act, the Minister must consider, when an exemption is made, any event having arisen in a country that could place all or some of its nationals or former habitual residents referred to in that subsection in a situation similar to those referred to in section 96 or 97 of the Act for which a person may be determined to be a Convention refugee or a person in need of protection. SOR/2012-154, s. 7
Immigration and Refugee Protection Regulations — 161
Submissions 161 (1) Subject to section 166, a person applying for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or solicitor or other counsel. New evidence (2) A person who makes written submissions must identify the evidence presented that meets the requirements of paragraph 113(a) of the Act and indicate how that evidence relates to them. SOR/2014-139, s. 4
Immigration and Refugee Protection Regulations — 162
Application within 15-day period 162 An application received within 15 days after notification was given under section 160 shall not be decided until at least 30 days after notification was given. The removal order is stayed under section 232 until the earliest of the events referred to in paragraphs 232(c) to (f) occurs.
Immigration and Refugee Protection Regulations — 163
Applications after the 15-day period 163 A person who has remained in Canada since being given notification under section 160 may make an application after a period of 15 days has elapsed from notification being given under that section, but the application does not result in a stay of the removal order. Written submissions, if any, must accompany the application.
Immigration and Refugee Protection Regulations — 164
Application that must be received within 15-day period — certificate 164 Despite section 163, an application by a person who is named in a certificate described in subsection 77(1) of the Act must be received within 15 days after notification was given under section 160. An application received within that period shall not be decided until at least 30 days after notification was given. SOR/2009-290, s. 4(F)
Immigration and Refugee Protection Regulations — 165
Subsequent application 165 A person whose application for protection was rejected and who has remained in Canada since being given notification under section 160 may make another application. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.
Immigration and Refugee Protection Regulations — 166
Application at port of entry 166 An application for protection by a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility on entry into Canada must, if the order is in force, be received as soon as the removal order is made. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order.