GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 12.2
Non-application — persons 12.2 (1) Section 10.01 of the Act does not apply to (a) a person who is under the age of 14; (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection; (c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are (i) Her Majesty in right of Canada and any member of the Royal Family, or (ii) a national of the United States; (d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are (i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division, (ii) in Canada and have had refugee protection conferred on them, or (iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class; (e) a person who is a head of state or head of government who makes an application or request referred to in any of paragraphs 12.1(d) to (i); (f) a person who seeks to enter Canada in the course of official duties as a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member; (g) a person who is a family member of a person referred to in paragraph (f); (h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who (i) is travelling by transporter’s vehicle to a destination other than Canada, or (ii) is transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter; (i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or (j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class. Determination of age (2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made. (3) [Repealed, SOR/2018-128, s. 3] SOR/2018-128, s. 3 SOR/2023-249, s. 10(F)
Immigration and Refugee Protection Regulations — 12.3
Procedure for collection of biometric information 12.3 For the purposes of section 10.01 of the Act, the procedure for the collection of biometric information is the following: (a) the person who makes a claim, application or request shall present themself at: (i) a location where services for the collection of biometric information are provided by an entity under an agreement or arrangement with the Minister for that purpose, or (ii) at an immigration office, a port of entry or another location, if authorized or directed by an officer to do so, for (A) reasons relating to the national interest, (B) reasons relating to operational requirements, or (C) any other reason that may be necessary in the circumstances; and (b) they shall have their photograph taken — showing the person’s face unobscured by sunglasses or any other object — and fingerprints captured, at any location referred to in subparagraph (a)(i) or (ii), for the collection of the following information: (i) photograph, and (ii) fingerprints. SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.4
Processing of biometric information 12.4 For the purposes of section 10.01 of the Act, a biometric template may be created, and the information collected under paragraph 12.3(b) may be converted into a digital biometric format by using the template. SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.5
Verification of biometric information — procedure 12.5 For the purposes of section 10.01 of the Act, the procedure for the verification of biometric information to be followed by a person who has made a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is that, on seeking to enter Canada and when directed by an officer or by alternative means of examination referred to in paragraph 38(b), the person shall provide the information listed in subparagraphs 12.3(b)(i) and (ii) by means of an electronic device made available for that purpose, in order to verify the biometric information that they provided under paragraph 12.3(b). SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.6
Exemption — multiple applications or requests 12.6 A person who makes more than one application or request before providing their biometric information referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information more than once with respect to those applications or requests. SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.7
Exemption — biometric information previously provided 12.7 (1) Subject to section 12.9, a person who makes an application or request referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information under section 10.01 of the Act if (a) they had already provided it — under subsection 12.1(1) of the Immigration and Refugee Protection Regulations as they read immediately before the coming into force of this paragraph — in support of an application referred to in that subsection, within the 10-year period before the day on which they make the current application; (b) they had already provided it — under section 10.01 of the Act — in support of an application or request referred to in any of paragraphs 12.1(d) to (i), within the 10-year period before the day on which they make the current application or request; or (c) subject to subsection (2), they had already provided it under section 10.01 of the Act when they made a claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) and that claim or application is still pending on the day on which they make an application or request referred to in any of paragraphs 12.1(d) to (i). Limitation (2) Paragraph (1)(c) ceases to apply on the latest of the expiry dates of any work permit or study permit — including any renewal of them — any temporary resident visa or any temporary resident permit having an expiry date that was issued to the person if that person made the application for the permit or visa during the processing of their claim or application, referred to in any of paragraphs 12.1(a) to (c) or (j) to (l), and the claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) is refused. SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.8
Exemption — collection of biometric information impossible or not feasible 12.8 A person who makes a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is not required to provide, with respect to the claim, application or request in question, the information referred to in subparagraph 12.3(b)(i) or (ii), as the case may be, if the collection is impossible or not feasible. SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.9
Exception 12.9 Paragraph 12.7(1)(b) does not apply to (a) a person referred to in paragraph 12.7(1)(b) who was exempted under section 12.8 from providing certain biometric information for a reason relating to a temporary situation if the situation no longer exists; and (b) a person referred to in paragraph 12.7(1)(c). SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 12.91
Clarification 12.91 For greater certainty, despite sections 12.7 to 12.9, a person may choose to provide their biometric information under section 10.01 of the Act in support of their claim, application or request. SOR/2018-128, s. 3
Immigration and Refugee Protection Regulations — 13
Production of documents 13 (1) Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met (a) by producing the original document; (b) by producing a certified copy of the original document; or (c) in the case of an application, if there is an application form on the Department’s website, by completing and producing the form printed from the website or by completing and submitting the form on-line, if the website indicates that the form can be submitted on-line. Exception (2) Unless these Regulations provide otherwise, a passport, a permanent resident visa, a permanent resident card, a temporary resident visa, a temporary resident permit, a work permit or a study permit may be produced only by producing the original document.
Immigration and Refugee Protection Regulations — 13.1
Authorized disclosure 13.1 If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Department, the Canada Border Services Agency or the Board, as the case may be, may disclose the following information to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct: (a) any information referred to in paragraphs 10(2)(c.1) to (c.3); and (b) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct. SOR/2012-77, s. 1
Immigration and Refugee Protection Regulations — 13.11
Disclosure of information 13.11 (1) Any biometric information and related personal information set out in subsection (2) that is collected under the Act and provided to the Royal Canadian Mounted Police may be used or disclosed by it to a law enforcement agency in Canada for the following purposes, if there is a potential match between fingerprints collected under the Act and fingerprints collected by it or submitted to it by a law enforcement agency in Canada: (a) to establish or verify the identity of a person in order to prevent, investigate or prosecute an offence under any law of Canada or a province; and (b) to establish or verify the identity of a person whose identity cannot reasonably be otherwise established or verified because of a physical or mental condition or because of their death. Information that may be used or disclosed (2) The following information in respect of a foreign national or a permanent resident may be used or disclosed by the Royal Canadian Mounted Police under subsection (1): (a) their fingerprints and the date on which they were taken; (b) their surname and first name; (c) their other names and aliases, if any; (d) their date of birth; (e) their gender; and (f) any file number associated with the biometric information or related personal information. SOR/2013-73, s. 2; SOR/2014-83, s. 1 SOR/2019-212, s. 1
Immigration and Refugee Protection Regulations — 13.2
ng (i) the professional qualifications required of trainers, (ii) the identification of the mandatory courses from among those on offer, (iii) any evaluation methods and applicable completion standards, and (iv) the name and professional qualifications of each trainer. Special requirement (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the documents or information set out in the notice. Redacted information (3) The information and documents set out in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries. Electronic means (4) Despite subsection 13(1), any information or document set out in subsection (1) or (2) may be provided to the Minister by electronic means. SOR/2012-77, s. 1
Immigration and Refugee Protection Regulations — 13.3
Clarification 13.3 For greater certainty, nothing in these Regulations affects any other lawful authority to cancel a visa or any other document, including an electronic travel authorization, temporary resident visa, work permit and study permit. SOR/2025-11, s. 3
Immigration and Refugee Protection Regulations — 14
Application of par. 34(1)(c) of the Act 14 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact: (a) a determination by the Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or (b) a decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.
Immigration and Refugee Protection Regulations — 15
Application of par. 35(1)(a) of the Act 15 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact: (a) a decision concerning the foreign national or permanent resident that is made by any international criminal tribunal that is established by resolution of the Security Council of the United Nations, or the International Criminal Court as defined in the Crimes Against Humanity and War Crimes Act ; (b) a determination by the Board, based on findings that the foreign national or permanent resident has committed a war crime or a crime against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or (c) a decision by a Canadian court under the Criminal Code or the Crimes Against Humanity and War Crimes Act concerning the foreign national or permanent resident and a war crime or crime against humanity committed outside Canada. SOR/2018-251, s. 2(F)
Immigration and Refugee Protection Regulations — 16
Application of paragraph 35(1)(b) of the Act 16 For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes (a) heads of state or government; (b) members of the cabinet or governing council; (c) senior advisors to persons described in paragraph (a) or (b); (d) senior members of the public service; (e) senior members of the military and of the intelligence and internal security services; (f) ambassadors and senior diplomatic officials; and (g) members of the judiciary. SOR/2016-136, s. 2
Immigration and Refugee Protection Regulations — 16.1
Application of paragraphs 37(1)(a) and (b) of the Act 16.1 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 37(1)(a) or (b) of the Act, if either of the following decisions has been rendered, the findings of fact set out in that decision shall be considered as conclusive findings of fact: (a) a decision by a Canadian court under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code concerning the foreign national or permanent resident; or (b) a sentencing decision by a Canadian court concerning the foreign national or permanent resident, made in accordance with the principle set out under subparagraph 718.2(a)(iv) of the Criminal Code . SOR/2022-198, s. 1
Immigration and Refugee Protection Regulations — 17
Prescribed period 17 For the purposes of paragraph 36(3)(c) of the Act, the prescribed period is five years (a) after the completion of an imposed sentence, in the case of matters referred to in paragraphs 36(1)(b) and (2)(b) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act ; and (b) after committing an offence, in the case of matters referred to in paragraphs 36(1)(c) and (2)(c) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act .
Immigration and Refugee Protection Regulations — 18
s not been convicted in Canada of an indictable offence under an Act of Parliament, (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act , (v) the person has not within the last 10 years been convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act , (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and (vii) the person has not been convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament. SOR/2004-167, s. 7 SOR/2019-212, s. 2
Immigration and Refugee Protection Regulations — 18.1
Prescribed class 18.1 (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of the Act. Exemption (2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences. SOR/2004-167, s. 8
Immigration and Refugee Protection Regulations — 19
Transborder criminality 19 (1) For the purposes of subsection 36(2.1) of the Act, the prescribed offences are (a) any indictable offence under the Criminal Code ; (b) any indictable offence under the Immigration and Refugee Protection Act ; (c) any offence under section 106, 107 or 110 of the Firearms Act ; (d) any offence under subsection 159(1) of the Customs Act with respect to the following goods: (i) child pornography , as defined in subsection 163.1(1) of the Criminal Code , (ii) an automatic firearm , imitation firearm , non-restricted firearm , prohibited ammunition , prohibited device , prohibited firearm , prohibited weapon , replica firearm , restricted firearm or restricted weapon , as those terms are defined in subsection 84(1) of the Criminal Code , (iii) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act or a device listed in Schedule IX of that Act, or (iv) cannabis , as defined in subsection 2(1) of the Cannabis Act ; (e) any offence under subsection 160(1) of the Customs Act that is (i) a contravention of section 12 of that Act with respect to the following goods: (A) child pornography , as defined in subsection 163.1(1) of the Criminal Code , (B) an automatic firearm , imitation firearm , non-restricted firearm , prohibited ammunition , prohibited device , prohibited firearm , prohibited weapon , replica firearm , restricted firearm or restricted weapon , as those terms are defined in subsection 84(1) of the Criminal Code , or (C) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act , or (ii) a contravention of section 156 of the Customs Act ; (f) any offence under section 4, 5, 6 or 7.1 of the Controlled Drugs and Substances Act or any offence under section 46 of that Act that is a contravention of subsection 46.3(1) of that Act; and (g) any offence under Division 1 of Part 1 of the Cannabis Act , except an offence under section 12 of that Act. Punishable by way of indictment (2) For the purposes of paragraphs (1)(a) and (b), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily. SOR/2018-170, s. 1 2023, c. 32, s. 67 SOR/2024-128, s. 1
Immigration and Refugee Protection Regulations — 20
Inadmissibility on health grounds 20 (1) An officer shall determine that a foreign national is inadmissible on health grounds if the officer determines that the foreign national’s health condition is likely to be a danger to public health or public safety or, except for a foreign national referred to in subsection 38(2) of the Act, might reasonably be expected to cause excessive demand. Danger to public health or public safety (2) Before determining that the foreign national’s health condition is likely to be a danger to public health or public safety, the officer shall consider any opinions of an officer who is assessing the foreign national’s health condition. Excessive demand (3) Before determining that the foreign national’s health condition might reasonably be expected to cause excessive demand, the officer shall consider (a) any opinions of an officer who is assessing the foreign national’s health condition; and (b) any relevant non-medical factors, including (i) the foreign national’s intent and financial ability to mitigate any excessive demand, and (ii) the feasibility of a mitigation plan, if any, submitted by the foreign national. SOR/2022-39, s. 2
Immigration and Refugee Protection Regulations — 21
Financial reasons 21 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.
Immigration and Refugee Protection Regulations — 22
Misrepresentation 22 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act.
Immigration and Refugee Protection Regulations — 22.1
Application of paragraph 41(a) of the Act 22.1 For the purpose of determining whether a foreign national is inadmissible under paragraph 41(a) of the Act for having failed to comply with the condition set out in paragraph 43(1)(e) or 183(1)(d) of these Regulations, if the foreign national has been convicted for having contravened an order or regulation made under the Emergencies Act or the Quarantine Act , the facts on which the conviction is based shall be considered to be conclusively established. SOR/2020-91, s. 2