GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 317
Decisions and orders made under former Act 317 (1) A decision or order made under the former Act that is in effect immediately before the coming into force of this section continues in effect after that coming into force. Documents issued under former Act (2) A document, including a visa, that is issued under the former Act and is valid immediately before the coming into force of this section continues to be valid after that coming into force.
Immigration and Refugee Protection Regulations — 318
Terms and conditions 318 Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 319
Removal order 319 (1) Subject to subsection (2), a removal order made under the former Act that was unexecuted on the coming into force of this section continues in force and is subject to the provisions of the Immigration and Refugee Protection Act . Stay of removal (2) The execution of a removal order that had been stayed on the coming into force of this section under paragraphs 49(1)(c) to (f) of the former Act continues to be stayed until the earliest of the events described in paragraphs 231(1)(a) to (e). Exception (3) Subsection (2) does not apply if (a) the subject of the removal order was determined by the Convention Refugee Determination Division not to have a credible basis for their claim; or (b) the subject of the removal order (i) is subject to a removal order because they are inadmissible on grounds of serious criminality, or (ii) resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act on their entry into Canada. Conditional removal order (4) A conditional removal order made under the former Act continues in force and is subject to subsection 49(2) of the Immigration and Refugee Protection Act . Executed removal order (5) Section 52 of the Immigration and Refugee Protection Act applies to a person who immediately before the coming into force of this section was outside Canada after a removal order was executed against them.
Immigration and Refugee Protection Regulations — 320
rmined to be inadmissible on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act. Failing to comply (10) A person is inadmissible under the Immigration and Refugee Protection Act for failing to comply with that Act if, on the coming into force of this section, the person had been determined to be a member of an inadmissible class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act, or had been determined to be inadmissible on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act. SOR/2004-167, s. 75
Immigration and Refugee Protection Regulations — 321
n allows the Minister to make a removal order. No substantive evidence (5) If no substantive evidence was adduced before the Adjudication Division, the causing by a senior immigration officer of an inquiry to be held under the former Act is, if subsection 44(2) of the Immigration and Refugee Protection Act allows the Minister to make a removal order, a report on the basis of which the Minister may make a removal order.
Immigration and Refugee Protection Regulations — 322
Detention 322 (1) The first review of reasons, after the coming into force of this section, for the continued detention of a person detained under the former Act shall be made in accordance with the provisions of the former Act. Period of detention (2) If the review referred to in subsection (1) was the first review in respect of a person’s detention, the period of detention at the end of which that review was made shall be considered the period referred to in subsection 57(1) of the Immigration and Refugee Protection Act . Subsequent review (3) If a review of reasons for continued detention follows the review referred to in subsection (1), that review shall be made under the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 323
Order issued by Deputy Minister 323 An order issued by a Deputy Minister under subsection 105(1) of the former Act continues in force and the review of reasons for continued detention shall be made under the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 324
Release 324 A release from detention under the former Act is the ordering of release from detention under the Immigration and Refugee Protection Act and any terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act.
Immigration and Refugee Protection Regulations — 325
Warrants 325 (1) A warrant for arrest and detention made under the former Act is a warrant for arrest and detention made under the Immigration and Refugee Protection Act . Detention orders (2) An order for the detention of a person made under the former Act is an order to detain made under the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 326
Danger to the public 326 (1) A claim to be a Convention refugee made by a person described in subparagraph 19(1)(c.1)(i) of the former Act in respect of whom the Minister was of the opinion under subparagraph 46.01(1)(e)(i) of the former Act that the person constitutes a danger to the public in Canada is deemed, if no determination was made by a senior immigration officer under section 45 of the former Act, to be a claim for refugee protection made by a person described in paragraph 101(2)(b) of the Immigration and Refugee Protection Act who is inadmissible and in respect of whom the Minister is of the opinion that the person is a danger to the public. Appeals (2) A person in respect of whom subsection 70(5) or paragraph 77(3.01)(b) of the former Act applied on the coming into force of this section is a person in respect of whom subsection 64(1) of the Immigration and Refugee Protection Act applies. Removal not prohibited (3) A person whose removal on the coming into force of this section was allowed by the application of paragraphs 53(1)(a) to (d) of the former Act is a person referred to in subsection 115(2) of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 327
Certificates 327 A certificate determined to be reasonable under paragraph 40.1(4)(d) of the former Act is deemed to be a certificate determined to be reasonable under subsection 80(1) of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 328
Permanent residents 328 (1) A person who was a permanent resident immediately before the coming into force of this section is a permanent resident under the Immigration and Refugee Protection Act . Returning resident permit (2) Any period spent outside Canada within the five years preceding the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section. Returning resident permit (3) Any period spent outside Canada within the two years immediately following the coming into force of this section by a permanent resident holding a returning resident permit is considered to be a period spent in Canada for the purpose of satisfying the residency obligation under section 28 of the Immigration and Refugee Protection Act if that period is included in the five-year period referred to in that section.
Immigration and Refugee Protection Regulations — 329
Visitors and permit holders 329 (1) Any of the following persons who were in Canada immediately before the coming into force of this section are temporary residents under the Immigration and Refugee Protection Act and are subject to its provisions: (a) a visitor under the former Act; and (b) a person issued a permit under section 37 of the former Act. Permits (2) A permit issued by the Minister under section 37 of the former Act is deemed to be a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 330
Examination 330 Any of the following persons who were in Canada immediately before the coming into force of this section are deemed to have been authorized under section 23 of the Immigration and Refugee Protection Act to enter Canada: (a) a person in respect of whom an examination remains incomplete and whose examination was adjourned and referred to another immigration officer for completion under subsection 12(3) of the former Act; (b) a person in respect of whom an examination remains incomplete and whose examination was deferred under paragraph 13(1)(a) of the former Act; (c) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 14(2)(b) of the former Act; (d) a person in respect of whom an examination remains incomplete and who was authorized to come into Canada for further examination under paragraph 23(1)(b) of the former Act; and (e) a person who has made a claim to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section.
Immigration and Refugee Protection Regulations — 331
Performance bonds and security deposits 331 A performance bond posted or security deposited under the former Act that remains posted or deposited immediately before the coming into force of this section continues as a deposit or a guarantee under the Immigration and Refugee Protection Act and is governed by its provisions.
Immigration and Refugee Protection Regulations — 332
Seizures 332 A thing seized under the former Act continues to be seized on the coming into force of this section, and the seizure is governed by the provisions of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 333
Debts 333 Any debt under subsection 118(3) of the former Act continues as a debt on the coming into force of this section and is governed by the provisions of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 334
Applications for protection abroad 334 With the exception of subsection 140.3(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations , who made an application for admission under the former Act if the application is pending on the day on which this section comes into force and no visa has been issued to the applicant. SOR/2012-225, s. 10
Immigration and Refugee Protection Regulations — 335
Family member 335 An applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act that has not been refused may add to their application at any time prior to their departure for Canada a person included in the definition family member in subsection 1(3).
Immigration and Refugee Protection Regulations — 336
Sponsorship agreements 336 A sponsorship agreement with the Minister made under the former Act and former Regulations does not cease to have effect for the sole reason of section 152 coming into force.
Immigration and Refugee Protection Regulations — 337
Sponsors 337 (1) Subject to subsections (2) and (3), a sponsor who made an undertaking within the meaning of paragraph (b) of the definition undertaking in subsection 2(1) of the former Regulations, or of the definition undertaking in subsection 1(1) of the Humanitarian Designated Classes Regulations , and in respect of whom an immigration officer was satisfied that the requirements of paragraph 7.1(2)(d) or 5(2)(d) of those Regulations, respectively, were met is deemed to be a sponsor whose application has been approved by an officer under section 154. Additional persons sponsored (2) Subsection (1) does not apply to a sponsor who requests that a person be added to their undertaking. Ineligibility to sponsor (3) Subsection (1) does not apply to a sponsor who is ineligible to be a party to a sponsorship under section 156.
Immigration and Refugee Protection Regulations — 338
Refugee protection 338 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who (a) has been determined in Canada before the coming into force of this section to be a Convention refugee and (i) no determination was made to vacate that determination, or (ii) no determination was made that the person ceased to be a Convention refugee; (b) as an applicant or an accompanying dependant was granted landing before the coming into force of this section after being issued a visa under (i) section 7 of the former Regulations, or (ii) section 4 of the Humanitarian Designated Classes Regulations ; or (c) was determined to be a member of the post-determination refugee claimants in Canada class before the coming into force of this section and was granted landing under section 11.4 of the former Regulations or who becomes a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 339
Rejection of a claim for refugee protection 339 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board.
Immigration and Refugee Protection Regulations — 340
Ineligibility 340 A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division.
Immigration and Refugee Protection Regulations — 341
Withdrawal and abandonment 341 A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 342
Eligibility 342 A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force.
Immigration and Refugee Protection Regulations — 343
Redetermination of eligibility 343 Subject to section 191 of the Immigration and Refugee Protection Act , a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that (a) is referred under the Immigration and Refugee Protection Act to the Refugee Protection Division unless an officer gives notice under subsection 104(1) of that Act; and (b) is subject to the provisions of that Act.
Immigration and Refugee Protection Regulations — 344
Cessation of refugee protection 344 A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased.
Immigration and Refugee Protection Regulations — 345
Vacation 345 A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a determination by the Board to vacate a decision to allow a claim for refugee protection.
Immigration and Refugee Protection Regulations — 346
Post-determination refugee claimants in Canada class 346 (1) An application for landing as a member of the post-determination refugee claimants in Canada class in respect of which no determination of whether the applicant is a member of that class was made before the coming into force of this section is an application for protection under sections 112 to 114 of the Immigration and Refugee Protection Act and those sections apply to the application. Notification re additional submissions (2) Before a decision is made on the application, the applicant shall be notified that they may make additional submissions in support of their application. Decision (3) A decision on the application shall not be made until 30 days after notification is given to the applicant. Giving notification (4) Notification is given (a) when it is given by hand to the applicant; or (b) if it is sent by mail, seven days after the day on which it was sent to the applicant at the last address provided by them to the Department. Stay of removal (5) For greater certainty, the execution of a removal order made under the former Act against an applicant referred to in subsection (1) is stayed, and the stay is effective until the earliest of the applicable events described in section 232 occurs. SOR/2004-167, s. 76
Immigration and Refugee Protection Regulations — 347
Application for landing — Convention refugees 347 (1) If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act . Application for landing — undocumented Convention refugee in Canada class (2) If landing was not granted before June 28, 2002, an application for landing as a member of the undocumented Convention refugee in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act . Application for landing — post-determination refugee claimants in Canada class (3) If landing was not granted before the coming into force of this section, an application for landing submitted by a person pursuant to a determination that the person is a member of the post-determination refugee claimants in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act . SOR/2012-154, s. 16
Immigration and Refugee Protection Regulations — 348
Judicial review 348 (1) On the coming into force of this section, any application for leave to commence an application for judicial review and any application for judicial review or appeal from an application that was brought under the former Act that is pending before the Federal Court or the Supreme Court of Canada is deemed to have been commenced under Division 8 of Part 1 of the Immigration and Refugee Protection Act and is governed by the provisions of that Division and section 87. Application for non-disclosure (2) On the coming into force of this section, any application under subsection 82.1(10) of the former Act that is pending before the Federal Court is deemed to be an application under section 87 of the Immigration and Refugee Protection Act . Where no leave required (3) Despite subsection (1), an application for judicial review that was not subject to the requirement of an application for leave under the former Act and was pending on the coming into force of this section does not require such an application under the Immigration and Refugee Protection Act . Judicial review after coming into force (4) Any judicial review proceeding brought in respect of any decision or order made or any matter arising under the former Act after the coming into force of this section is governed by Division 8 of Part 1 and section 87 of the Immigration and Refugee Protection Act . Time for filing (5) A person in respect of whom the 30-day period provided by section 18.1 of the Federal Courts Act for making an application for judicial review from a decision or matter referred to in subsection 82.1(2) of the former Act has not elapsed on the coming into force of this section and who has not made such an application has 60 days from the coming into force of this section to file an application for leave under section 72 of the Immigration and Refugee Protection Act. Validity or lawfulness of a decision or act (6) The validity or lawfulness of a decision or act made under the former Act that is the subject of a judicial review procedure or appeal referred to in subsection (1) is determined in accordance with the provisions of the former Act. 2002, c. 8, s. 182; SOR/2009-163, s. 18(F)
Immigration and Refugee Protection Regulations — 349
Other court proceedings 349 On the coming into force of this section, an appeal made under section 102.17 of the former Act or an application for an order made under section 102.2 of the former Act that is pending remains governed by the provisions of the former Act.
Immigration and Refugee Protection Regulations — 350
Decisions referred back 350 (1) Subject to subsections (2) and (3), if a decision or an act of the Minister or an immigration officer under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before this section comes into force, the determination shall be made in accordance with the Immigration and Refugee Protection Act . Decisions or acts not provided for by Immigration and Refugee Protection Act (2) If the decision or act referred to in subsection (1) was made under paragraph 46.01(1)(e), subsection 70(5) or paragraph 77(3.01)(b) of the former Act and the Immigration and Refugee Protection Act makes no provision for the decision or act, no determination shall be made. Skilled workers and self-employed persons (3) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(4) and (5.2) of these Regulations. Investors, entrepreneurs and provincial nominees (4) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(ii) or (iii) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(5), (5.1) and (6) of these Regulations. Immigration Appeal Division decisions (5) If a decision of the Immigration Appeal Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Appeal Division shall dispose of the matter in accordance with the former Act. Adjudication Division decisions (6) If a decision of the Adjudication Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Division shall dispose of the matter in accordance with the Immigration and Refugee Protection Act . SOR/2003-383, s. 7