GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 42
Withdrawing application 42 (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada. Exception — report (2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing. Obligation to confirm departure (3) A foreign national who is allowed to withdraw their application to enter Canada must appear without delay before an officer at a port of entry to confirm their departure from Canada. SOR/2018-5, s. 1
Immigration and Refugee Protection Regulations — 43
Conditions 43 (1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act: (a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing; (b) to not engage in any work in Canada; (c) to not attend any educational institution in Canada; (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada; and (e) to comply with all requirements imposed on them by an order or regulation made under the Emergencies Act or the Quarantine Act . Effect of authorization to enter (2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident. SOR/2020-91, s. 3
Immigration and Refugee Protection Regulations — 44
Class 44 (1) The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons. Members (2) The members of the class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act are the persons who are the subject of such a report. Obligation (3) Every member of the class prescribed under subsection (1) must appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.
Immigration and Refugee Protection Regulations — 45
Deposit or guarantee required on entry 45 (1) An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any conditions imposed. Amount (2) The amount of the deposit or guarantee is fixed by an officer on the basis of (a) the financial resources of the person or group; (b) the obligations that result from the conditions imposed; (c) the costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and (d) in the case of a guarantee, the costs that would likely be incurred to enforce it. SOR/2004-167, s. 11(F)
Immigration and Refugee Protection Regulations — 46
Application 46 Sections 47 to 49 apply to deposits and guarantees required under subsections 44(3), 56(1), 58(3) and 58.1(3) of the Act and section 45 of these Regulations. SOR/2020-92, s. 1
Immigration and Refugee Protection Regulations — 47
General requirements 47 (1) A person who pays a deposit or posts a guarantee (a) must not have signed or co-signed another guarantee that is in default; and (b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted. Requirements if guarantee posted (2) A person who posts a guarantee must (a) be a Canadian citizen or a permanent resident, physically present and residing in Canada; (b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and (c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee. Money illegally obtained (3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee. Factors to consider (4) An officer, the Immigration Division or the Minister must consider the following factors in assessing whether the person who posts a guarantee has the ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed: (a) their relationship to the person or group of persons in respect of whom the guarantee is required; (b) their financial situation; (c) any previous history posting a guarantee; (d) their criminal record; and (e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed. SOR/2004-167, s. 12(F) SOR/2020-92, s. 2
Immigration and Refugee Protection Regulations — 48
Conditions if guarantee posted 48 (1) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a guarantee is required: (a) to provide the Department or the Canada Border Services Agency, depending on which one requires the information, with the address of the person posting the guarantee and to advise the Department or the Canada Border Services Agency, as the case may be, before any change in that address; and (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act. Conditions if deposit paid (2) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a deposit is required: (a) to provide the Department or the Canada Border Services Agency, depending on which one requires the information, with their address and to advise the Department or the Canada Border Services Agency, as the case may be, before any change in that address; and (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act. SOR/2010-195, s. 1(F); SOR/2017-214, s. 2
Immigration and Refugee Protection Regulations — 49
Acknowledgment of consequences of failure to comply with conditions 49 (1) A person who pays a deposit or posts a guarantee must acknowledge in writing (a) that they have been informed of the conditions imposed; and (b) that they have been informed that non-compliance with any conditions imposed will result in the forfeiture of the deposit or enforcement of the guarantee. Receipt (2) An officer shall issue a receipt for the deposit or a copy of the guarantee, and a copy of the conditions imposed. Return of deposit (3) If an officer determines that the person or group of persons in respect of whom the deposit was required has complied with the conditions imposed, the deposit shall be returned. Breach of condition (4) A sum of money deposited is forfeited, or a guarantee posted becomes enforceable, on the failure of the person or any member of the group of persons in respect of whom the deposit or guarantee was required to comply with a condition imposed. SOR/2004-167, s. 13(F); SOR/2017-214, s. 3
Immigration and Refugee Protection Regulations — 50
Documents — permanent residents 50 (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national; (b) a travel document that was issued by the country of which the foreign national is a citizen or national; (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality; (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration; (e) a passport or travel document that was issued by the Palestinian Authority; (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country; (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong; (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or (i) a passport issued by the United Kingdom to a British Subject. Exception — protected persons (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1). (3) [Repealed, SOR/2010-54, s. 1] SOR/2008-253, s. 1; SOR/2010-54, s. 1; SOR/2011-125, s. 1; SOR/2014-139, s. 1(F); SOR/2016-298, s. 1(F)
Immigration and Refugee Protection Regulations — 50.1
Designation of unreliable travel documents 50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality. Factors (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality: (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and (b) information respecting the security or integrity of the process leading to the issuance of the passport or document. Effect of designation (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1). Public notice (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1). SOR/2010-54, s. 2
Immigration and Refugee Protection Regulations — 51
Examination — permanent residents 51 A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination, (a) inform the officer if (i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or (ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and (b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations. SOR/2008-253, s. 2
Immigration and Refugee Protection Regulations — 53
Document indicating status 53 (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is (a) provided by the Department to a person who has become a permanent resident under the Act; or (b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act , chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act. Property of Her Majesty (2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department’s request. SOR/2004-167, s. 15
Immigration and Refugee Protection Regulations — 54
Period of validity 54 (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue. Exception (2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident (a) is subject to the process set out in paragraph 46(1)(b) of the Act; (b) is the subject of a report prepared under subsection 44(1) of the Act; (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.
Immigration and Refugee Protection Regulations — 55
Delivery 55 A permanent resident card shall only be provided or issued in Canada.
Immigration and Refugee Protection Regulations — 56
56 (1) [Repealed, SOR/2008-188, s. 1] Application for a card (2) An application for a permanent resident card must be made in Canada and include (a) an application form that contains the following information, namely, (i) the applicant’s name and date and place of birth, (ii) the applicant’s gender, height and eye colour, (iii) the date on which and the place where the applicant became a permanent resident, (iv) the applicant’s mailing address, (v) the addresses of all of the applicant’s places of residence during the previous five years, (vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years, (vii) the periods during the previous five years that the applicant was absent from Canada, (viii) [Repealed, SOR/2008-188, s. 1] (ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and (x) whether the applicant has lost their permanent resident status or has been issued a removal order; (b) [Repealed, SOR/2008-188, s. 1] (c) a copy of (i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident, (ii) a certificate of identity issued in Canada to the applicant by the Minister, or (iii) refugee travel papers issued in Canada to the applicant by the Minister; (d) a copy of (i) the form IMM1000, entitled “Record of Landing”, held by the applicant, (ii) a provincial driver’s license held by the applicant, (iii) a photo-identity card held by the applicant and issued by a province, (iv) a student card held by the applicant and issued by a provincially accredited college or university, or (v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and (e) two identical photographs that (i) were taken not more than 12 months before the application was made, (ii) [Repealed, SOR/2008-188, s. 1] (iii) are in black and white or colour on paper, (iv) show a full front view of the applicant’s head and shoulders and have a white background, (v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length, (vi) show the applicant’s face unobscured by sunglasses or any other object, and (vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches). (3) [Repealed, SOR/2008-188, s. 1] SOR/2004-167, s. 16; SOR/2008-188, s. 1; SOR/2015-46, s. 1
Immigration and Refugee Protection Regulations — 57
Applicants 57 (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf. Minor applicants 14 years of age or more (2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless (a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or (b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application. Minor applicants less than 14 years of age (3) The application of a child who is less than 14 years of age must be signed by one of their parents unless (a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or (b) the parents are deceased, in which case the person legally responsible for the child must sign the application.
Immigration and Refugee Protection Regulations — 58
Providing address within 180 days 58 (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after the day on which they become a permanent resident, their address in Canada and, on the request of an officer, (a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and (b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless (i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or (ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided. Issuance after 180 days (2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56. Attendance required (3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card. Document verification (4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d). SOR/2004-167, s. 17; SOR/2014-139, s. 2
Immigration and Refugee Protection Regulations — 59
Issuance of new permanent resident card 59 (1) An officer shall, on application, issue a new permanent resident card if (a) the applicant has not lost permanent resident status under subsection 46(1) of the Act; (b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act ; (c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4); (c.1) in the case of an applicant referred to in paragraph 12.1(m) who is 14 years of age or older, the applicant has provided their biometric information in support of their application; and (d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act. Issuance of new permanent resident card — effect (2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card. SOR/2004-167, s. 18; SOR/2018-128, s. 5
Immigration and Refugee Protection Regulations — 60
Revocation 60 A permanent resident card is revoked if (a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status; (b) the permanent resident card is lost, stolen or destroyed; or (c) the permanent resident is deceased.
Immigration and Refugee Protection Regulations — 60.1
Collection of social insurance number 60.1 (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act. Disclosure of social insurance number (2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose 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. 1
Immigration and Refugee Protection Regulations — 61
Canadian business 61 (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is (a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada; (b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and (i) that is capable of generating revenue and is carried on in anticipation of profit, and (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or (c) an organization or enterprise created under the laws of Canada or a province. Exclusion (2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada. Employment outside Canada (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to (a) a position outside Canada; (b) an affiliated enterprise outside Canada; or (c) a client of the Canadian business or the public service outside Canada. Accompanying outside Canada (4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident. Compliance (5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation. Child (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age. SOR/2009-290, s. 1(E); SOR/2014-133, s. 3; SOR/2017-60, s. 2