GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 351
Application of the Act to existing undertakings 351 (1) Subject to subsection (2), an undertaking referred to in section 118 of the former Act that was given before the day on which this section comes into force is governed by the Immigration and Refugee Protection Act . Recovery of social assistance payments (2) Payments that are made to or for the benefit of a person as social assistance or as financial assistance in the form of funds from a government resettlement assistance program referred to in subparagraph 139(1)(f)(ii) as a result of the breach of an undertaking, within the meaning of subparagraph (a)(ii) or 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 , that was given before the day on which this section comes into force, may be recovered from the person or organization that gave the undertaking as a debt due to Her Majesty in right of Canada or in right of a province. Duration (3) For greater certainty, the duration of an undertaking referred to in section 118 of the former Act that was given to the Minister before the day on which this section comes into force is not affected by these Regulations. Duration and terms (4) For greater certainty, if an immigrant visa was issued to a person described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations before the day on which this section comes into force, the duration and terms of an undertaking, referred to in section 118 of the former Act, relating to that person are not affected by these Regulations.
Immigration and Refugee Protection Regulations — 352
Not required to be included 352 A person is not required to include in an application a non-accompanying common-law partner or a non-accompanying child who is not a dependent son or a dependent daughter within the meaning of subsection 2(1) of the former Regulations and is a dependent child as defined in section 2 of these Regulations if the application was made under the former Act before the day on which this section comes into force.
Immigration and Refugee Protection Regulations — 353
Requirements not applicable 353 If a person has made an application under the former Act before the day on which this section comes into force, the following provisions do not apply to the person in respect of any of their non-accompanying dependent children, referred to in section 352, or their non-accompanying common-law partner: (a) paragraph 70(1)(e); (b) subparagraph 72(1)(e)(i); and (c) paragraph 108(1)(a).
Immigration and Refugee Protection Regulations — 354
Requirements not applicable 354 If a person makes an application under the former Act before June 28, 2002, their non-accompanying dependent children, referred to in section 352, and their non-accompanying common-law partner shall not, for the purposes of that application, be considered inadmissible non-accompanying family members, referred to in paragraph 42(1)(a) of the Immigration and Refugee Protection Act , and are not subject to the requirements of paragraph 16(2)(b) of the Immigration and Refugee Protection Act or 51(b) of these Regulations. SOR/2012-154, s. 17; SOR/2014-269, s. 6
Immigration and Refugee Protection Regulations — 355
Family members not excluded from family class 355 If a person who made an application under the former Act before June 28, 2002 sponsors a non-accompanying dependent child, referred to in section 352, who makes an application as a member of the family class or the spouse or common-law partner in Canada class, or sponsors a non-accompanying common-law partner who makes such an application, paragraph 117(9)(d) does not apply in respect of that dependent child or common-law partner. SOR/2004-167, s. 77
Immigration and Refugee Protection Regulations — 356
Pending applications 356 If a person referred to in paragraph (f) of the definition member of the family class in subsection 2(1) of the former Regulations made an application under those Regulations for a permanent resident visa, or their sponsor submitted a sponsorship application under those Regulations, before June 28, 2002, the person’s application or the sponsorship application, as the case may be, is governed by the former Act. SOR/2004-167, s. 78
Immigration and Refugee Protection Regulations — 357
Remission — right of landing fee 357 The fee set out in column III of item 19 of the schedule to the Immigration Act Fees Regulations is remitted and shall be repaid by the Minister to the person who paid it if the fee is paid in respect of a person before they become a permanent resident under the Immigration and Refugee Protection Act and the person, at the time they made an application for landing under the former Regulations, was (a) a member of the family class and 19 years of age or older and, on the day on which this section comes into force, is a foreign national referred to in paragraph 117(1)(b) or (e) of these Regulations; or (b) an accompanying dependant of an immigrant, within the meaning of subsection 2(1) of the former Regulations, 19 years of age or older and not a spouse of the principal applicant.
Immigration and Refugee Protection Regulations — 358
Fees to be reapplied 358 (1) A fee paid for processing an application in respect of which no decision has been made before the day on which this section comes into force or an application that has been refused but the refusal has not been communicated to the applicant before that day shall be applied to the cost of completing the processing of the application under the Immigration and Refugee Protection Act . Exception (2) Subsection (1) does not apply in respect of an application for a returning resident permit.
Immigration and Refugee Protection Regulations — 359
Remission — returning resident permit fee 359 The fee for a returning resident permit set out in column III of item 3 of the schedule to the Immigration Act Fees Regulations is remitted if, before the day on which this section comes into force, no decision has been made on the application for the permit or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.
Immigration and Refugee Protection Regulations — 360
Remission — fee for review of family business employment offer 360 The fee set out in column III of item 16 of the schedule to the Immigration Act Fees Regulations for the review of an offer of employment made to an applicant in respect of a family business is remitted if, before the day on which this section comes into force, no determination has been made on the family business application or the application has been refused and the refusal has not been communicated to the applicant. If the fee is remitted, it shall be repaid by the Minister to the person who paid it.
Immigration and Refugee Protection Regulations — 361
ions — entrepreneurs (5.1) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as an entrepreneur and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the entrepreneur class, (a) be determined to be an entrepreneur within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for an entrepreneur; or (b) be an entrepreneur within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations. Pending applications — self-employed persons (5.2) Beginning on December 1, 2003, a foreign national who is an immigrant who made an application under the former Regulations before January 1, 2002 for an immigrant visa as a self-employed person and whose application is still pending on December 1, 2003 and who has not, before that day, been awarded units of assessment under those Regulations must, in order to become a permanent resident as a member of the self-employed persons class, (a) be determined to be a self-employed person within the meaning of subsection 2(1) of those Regulations and be awarded at least the minimum number of units of assessment required by those Regulations for a self-employed person; or (b) be a self-employed person within the meaning of subsection 88(1) of these Regulations and obtain a minimum of 35 points based on the factors set out in subsection 102(1) of these Regulations. Provincial nominees (6) If, before the day on which this section comes into force, a foreign national who was a provincial nominee submitted an application for a permanent resident visa under the former Regulations that is pending immediately before that day, the foreign national shall be assessed, and units of assessment shall be awarded to them, in accordance with those Regulations. SOR/2003-383, s. 8; SOR/2010-195, s. 15(F)
Immigration and Refugee Protection Regulations — 362
Investors 362 If, before April 1, 1999, a foreign national made an application for an immigrant visa as an investor and signed any document referred to in clause 1(v)(iii)(A) of Schedule X to the former Regulations, as that Schedule read immediately before that date, or, in the case of an investor in a province, either applied for a selection certificate under section 3.1 of An Act respecting immigration to Québec , R.S.Q., c.I-0.2, as amended from time to time, or applied for an immigrant visa as an investor, and signed an investment agreement in accordance with the law of that province, the relevant provisions of the former Regulations respecting an applicant for an immigrant visa as an investor, an approved business, an investor in a province, a fund manager, an eligible business, an approved fund, a fund, an escrow agent, a privately administered venture capital fund or a government-administered venture capital fund continue to apply as they read immediately before April 1, 1999 to all persons governed by their application before that date. SOR/2014-140, s. 18(F)
Immigration and Refugee Protection Regulations — 363
Entrepreneurs 363 For greater certainty, section 98 does not apply in respect of an entrepreneur within the meaning of subsection 2(1) of the former Regulations who was issued an immigrant visa under subparagraph 9(1)(b)(ii) or (c)(i) of those Regulations.
Immigration and Refugee Protection Regulations — 364
Regulations repealed 364 The following Regulations are repealed: (a) the Immigration Regulations, 1978 1 ; (b) the Refugee Claimants Designated Class Regulations 2 ; (c) the Immigration Act Fees Regulations 3 ; and (d) the Humanitarian Designated Classes Regulations 4 . 1 SOR/78-172 2 SOR/90-40 3 SOR/97-22 4 SOR/97-183
Immigration and Refugee Protection Regulations — 365
Coming into force 365 (1) These Regulations, except paragraph 117(1)(e), subsection 117(5) and paragraphs 259(a) and (f) come into force on June 28, 2002. (2) [Repealed, SOR/2005-61, s. 9] Exception (3) Paragraphs 259(a) and (f) come into force on December 31, 2003. SOR/2003-97, s. 1; SOR/2004-34, s. 1; SOR/2005-61, s. 9
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
The violation put the foreign national’s health or safety at risk in relation to a communicable disease as defined in section 2 of the Quarantine Act
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
The violation put the public’s health or safety at risk in relation a communicable disease as defined in section 2 of the Quarantine Act
Immigration and Refugee Protection Regulations — 6
6 For the purposes of section 8, a reference to a former provision of the Immigration and Refugee Protection Regulations means a reference to that provision as it read immediately before the coming into force of these Regulations.
Immigration and Refugee Protection Regulations — 7
7 The calculation of the four-year period referred to in paragraph 200(3)(g), as enacted by subsection 2(3), is not to include work that was performed before the day on which this section comes into force.
Immigration and Refugee Protection Regulations — 8
8 (1) An application for a work permit that requires an officer’s determination based on an opinion referred to in subsection 203(1) of the Immigration and Refugee Protection Regulations is to be dealt with under the former sections 200, 201 and 203 if the opinion was requested before the coming into force of this section. (2) An application under section 197, 198, 199 or 201 of the Immigration and Refugee Protection Regulations or a request under subsection 203(2) of those Regulations, that is received before the coming into force of this section, is to be dealt with under the former sections 200, 201 and 203.
Immigration and Refugee Protection Regulations — 2
2 Despite section 1, subsections 231(1) and (2) of the Immigration and Refugee Protection Regulations , as they read immediately before the day on which these Regulations come into force, continue to apply in the case where application for leave is filed in accordance with section 72 of the Immigration and Refugee Protection Act in respect of (a) a decision of the Refugee Protection Division that was made before the day on which these Regulations come into force and that rejected the applicant’s claim for protection; or (b) a decision of the Refugee Protection Division that is made on or after the day on which these Regulations come into force and that rejects the applicant’s claim for protection, if (i) the decision is in regard to a claim for protection that was referred to it before the day on which these Regulations come into force, and is a decision that could have been appealed to the Refugee Appeal Division but for section 36 of the Balanced Refugee Reform Act , or (ii) the decision follows a hearing that was commenced by the Convention Refugee Determination Division in any of the cases referred to in section 191 of the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Regulations — 2.1
2.1 Despite section 1, subsections 231(1) and (2) of the Immigration and Refugee Protection Regulations , as they read on December 14, 2012, apply in the case where an application for leave for judicial review in accordance with section 72 of the Immigration and Refugee Protection Act has been made before the day on which this section comes into force or is made on or after that day in respect of a decision of the Refugee Protection Division rejecting the applicant’s claim for protection if (a) the decision of the Refugee Protection Division is one that could have been or could be appealed to the Refugee Appeal Division but for section 167 of the Economic Action Plan 2013 Act, No. 1 ; and (b) in respect of an application for leave made before the day on which this section comes into force, none of the events described in paragraphs (a) to (e) of subsection 231(1) of the Immigration and Refugee Protection Regulations , as they read on December 14, 2012, has occurred before the day on which this section comes into force.
Immigration and Refugee Protection Regulations — 18
18 (1) A permanent resident visa application for the Canadian experience class that is made before the day on which section 13 comes into force will be processed in accordance with Part 6 of the Immigration and Refugee Protection Regulations as that Part read immediately before the coming into force of section 13. (2) A permanent resident visa application for the federal skilled worker class that is made before the day on which sections 9 to 12 come into force will be processed in accordance with Part 6 of the Immigration and Refugee Protection Regulations as that Part read immediately before the coming into force of sections 9 to 12.
Immigration and Refugee Protection Regulations — 18
18 (1) Despite section 7, subparagraph 205(c)(i) of the Immigration and Refugee Protection Regulations , as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a foreign national whose application for a work permit under that subparagraph is received before the day on which these Regulations come into force but to whom a work permit has not been issued before that day. (2) Despite section 7, subparagraph 205(c)(i) of the Immigration and Refugee Protection Regulations , as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a foreign national who is the holder of a work permit under that subparagraph the application for which is received before the day on which these Regulations come into force and who applies for a renewal of their permit in order to continue the research, educational or training program to which their work relates, in which case the renewal shall be for the shorter of the following periods: (a) the period that begins on the day on which their permit is renewed and ends on the day on which their research, educational or training program ends, and (b) the period that begins on the day on which their permit is renewed and ends on the day that is three years after the day on which these Regulations come into force.
Immigration and Refugee Protection Regulations — 19
19 (1) Despite sections 12 and 14, subsection 216(1) and section 219 of the Immigration and Refugee Protection Regulations , as they read immediately before the day on which these Regulations come into force, continue to apply in respect of a foreign national whose application for a study permit is received before the day on which these Regulations come into force but to whom a study permit has not been issued before that day. (2) Despite sections 12 and 14, subsection 216(1) and section 219 of the Immigration and Refugee Protection Regulations , as they read immediately before the day on which these Regulations come into force, continue to apply in respect of a foreign national who is the holder of a study permit the application for which is received before the day on which these Regulations come into force and who applies for a renewal of their permit in order to continue the program of study in which they were enrolled on the day on which these Regulations come into force, in which case the renewal shall be for the shorter of the following periods: (a) the period that begins on the day on which their permit is renewed and ends on the day on which their program of study ends, and (b) the period that begins on the day on which the permit is renewed and ends on the day that is three years after the day on which these Regulations come into force. (3) Despite sections 15 and 17, paragraph 220.1(1)(a) of the Immigration and Refugee Protection Regulations does not apply in respect of a foreign national whose application for a study permit is received before the day on which these Regulations come into force and to whom the study permit applied for is issued before, on or after that day, for the duration of that permit and, if it is renewed in accordance with subsection (2), for the period that applies in accordance with that subsection.
Immigration and Refugee Protection Regulations — 20
20 Despite section 16, section 222 of the Immigration and Refugee Protection Regulations , as it read immediately before the day on which these Regulations come into force, continues to apply in respect of a temporary resident whose application for a study permit is received before that day or to whom a study permit has been issued before that day, for the duration of that permit.
Immigration and Refugee Protection Regulations — 5
5 (1) Paragraph 5(a) of the Immigration and Refugee Protection Regulations, as enacted by subsection 1(1), applies only to applications received after the day on which these Regulations come into force. (2) Paragraph 5(c) of the Immigration and Refugee Protection Regulations applies only to applications received after the day on which these Regulations come into force. (3) Paragraph 117(9)(a) of the Immigration and Refugee Protection Regulations , as enacted by subsection 2(1), applies only to applications received after the day on which these Regulations come into force. (4) Paragraph 117(9)(c.1) of the Immigration and Refugee Protection Regulations applies only to applications received after the day on which these Regulations come into force. (5) [Repealed, SOR/2023-249, s. 12] (6) Paragraph 125(1)(c.1) of the Immigration and Refugee Protection Regulations applies only to applications received after the day on which these Regulations come into force. (7) Subsection 130(3) of the Immigration and Refugee Protection Regulations , as enacted by section 4, applies only to applications that are pending on the day on which these Regulations come into force or to applications received after that day.
Immigration and Refugee Protection Regulations — 10
10 The Immigration and Refugee Protection Regulations , as they read immediately before the day on which these Regulations come into force, continue to apply with respect to a failure to comply with one of the conditions set out in sections 209.2 to 209.4 that is not justified under subsection 209.2(3) or (4), 209.3(3) or (4) or 209.4(2), if that failure occurred before December 1, 2015.
Immigration and Refugee Protection Regulations — 15
15 In sections 16 to 18, preceding Regulations means the Immigration and Refugee Protection Regulations as they read immediately before the day on which these Regulations come into force.
Immigration and Refugee Protection Regulations — 16
16 (1) Subject to subsections (2) and (3), paragraph 70(2)(b), subsection 88(1), sections 89 and 90, subsections 102(1) and 103(1), sections 104 and 107, subsections 108(1) and (2) and paragraph 295(1)(b) of the preceding Regulations continue to apply in respect of an application for a permanent resident visa that was made before the day on which these Regulations come into force by a foreign national as a member of the investor class, as prescribed by subsection 90(1) of the preceding Regulations, until the day on which a determination is made in respect of the application. (2) Subject to subsections (3) and (4), sections 88 and 91 to 95 of the preceding Regulations continue to apply in respect of a provincial allocation , within the meaning of that section 88, that has not been repaid before the day on which these Regulations come into force, until it is repaid to the investor in accordance with paragraph 92(i) of the preceding Regulations. (3) If the Minister of Citizenship and Immigration and a province enter into an agreement with respect to an existing approved fund , as defined in subsection 88(1) of the preceding Regulations, that permits the province to vary the structure of the fund and the agreement comes into force on or after the day on which these Regulations come into force, the definition fund in that subsection 88(1) ceases to apply in sections 88 and 91 to 95 of the preceding Regulations as of the day on which that agreement comes into force. (4) If the Minister of Citizenship and Immigration and a province enter into an agreement with respect to the requirements for periodic reports in relation to an existing approved fund , as defined in subsection 88(1) of the preceding Regulations, and the agreement comes into force on or after the day on which these Regulations come into force, paragraph 95(a) of the preceding Regulations ceases to apply in respect of the approved fund as of the day on which that agreement comes into force.