GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 23
Prescribed circumstances — family members 23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that (a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and (b) the non-accompanying family member is (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact, (ii) the common-law partner of the foreign national, (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law. SOR/2014-269, ss. 1, 6
Immigration and Refugee Protection Regulations — 24
Exception 24 (1) The exception set out in paragraph 38(2)(a) of the Act does not apply to a child who is not a dependent child of the sponsor. Prescribed family members (2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act: (a) the dependent child of the sponsor’s spouse or common-law partner; (b) the dependent child of the dependent child referred to in paragraph (a); and (c) the dependent child of the sponsor’s dependent child. Exception (3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who has been determined to be a member of the family class and is (a) the conjugal partner of a sponsor; (b) the dependent child of the conjugal partner referred to in paragraph (a); (c) the dependent child of the dependent child referred to in paragraph (b); or (d) a person referred to in paragraph 117(1)(g). SOR/2005-61, s. 2 SOR/2019-212, s. 3 SOR/2023-249, s. 4(E)
Immigration and Refugee Protection Regulations — 24.1
Application 24.1 (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or subsection 37(1) of the Act. Judicial review (2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following: (a) the Federal Court refuses the application for leave, (b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal, (c) if a question is certified for the Federal Court of Appeal, (i) an appeal to the Federal Court of Appeal is not filed within the time limit, or (ii) the Federal Court of Appeal dismisses the appeal and an application to the Supreme Court of Canada for leave to appeal from that decision is not filed within the time limit, (d) if an application is filed with the Supreme Court of Canada for leave to appeal, (i) the application is refused, (ii) the application is granted and an appeal is not filed within the time limit, or (iii) the Supreme Court of Canada dismisses the appeal, and (e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be. SOR/2017-38, s. 3 2023, c. 19, s. 16
Immigration and Refugee Protection Regulations — 24.2
Required information 24.2 (1) An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant: (a) their place of birth, gender and marital status and the names of any former spouses or common-law partners; (b) their telephone number and email address, if any; (c) their former countries of citizenship or former countries of nationality; (d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution; (e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address; (f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and (g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1). Non-application of paragraphs 10(2)(b) and (c) (2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act. SOR/2017-38, s. 3 2023, c. 19, s. 17
Immigration and Refugee Protection Regulations — 24.3
Return of application 24.3 If the requirements of sections 24.1 and 24.2 are not met, the application is not accepted for processing and the application and all documents submitted in support of it are returned to the applicant. SOR/2017-38, s. 3; SOR/2018-251, s. 3(F)
Immigration and Refugee Protection Regulations — 24.4
Closing of file 24.4 The processing of the application is discontinued and the applicant’s file is closed if (a) a notice has been sent to the applicant requiring that they confirm their intention to proceed with their application and the applicant fails to respond to the notice within 60 calendar days after the day on which it was sent; (b) the applicant has acquired permanent resident status; (c) the applicant withdraws their application in writing; or (d) the applicant has, since making their application, filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection 24.1(1). SOR/2017-38, s. 3
Immigration and Refugee Protection Regulations — 24.5
Change in information 24.5 The applicant must notify the Minister without delay of any change in their address, telephone number or email address and, if the applicant is represented, the address, telephone number, fax number or email address of their representative. SOR/2017-38, s. 3
Immigration and Refugee Protection Regulations — 24.6
Limitation 24.6 (1) The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary resident status of a person who is a member of the visitor class, issued to a person who is required to provide their biometric information under section 10.01 of the Act, must not be later than 10 years after the latest day on which the person provided their biometric information under section 10.01 of the Act. Determination of latest day (2) The latest day on which the person provided their biometric information is determined at the time of the issuance of the permit, visa or other document. SOR/2018-128, s. 4
Immigration and Refugee Protection Regulations — 25
When unenforced removal order 25 A visa shall not be issued to a foreign national who is subject to an unenforced removal order.
Immigration and Refugee Protection Regulations — 25.2
Electronic travel authorization not to be issued 25.2 An electronic travel authorization shall not be issued to a foreign national who is subject to an unenforced removal order. SOR/2015-77, s. 4
Immigration and Refugee Protection Regulations — 26
Designation of ports of entry 26 The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation: (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration; (b) the need for the services of the Canada Border Services Agency in that area; (c) the operational requirements of commercial transporters; (d) administrative arrangements with other departments or agencies of the Government of Canada; (e) the operational capacity of the Canada Border Services Agency; and (f) any order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act that prohibits the entry of certain persons into Canada. SOR/2017-214, s. 1 SOR/2020-55, s. 2
Immigration and Refugee Protection Regulations — 26.1
Services at port of entry 26.1 (1) The Minister may, on the basis of the factors set out in section 26, specify whether the services provided at a port of entry include the following: (a) the collection of biometric information under section 12.3; (b) the reception of a permanent resident visa that a foreign national presents, under section 71.1, in order to become a permanent resident; (c) the reception of an application for an extension of an authorization to remain in Canada as a temporary resident under section 181; (d) the reception of an application for the restoration of temporary resident status under section 182; (e) the reception of an application for a work permit under subsection 198(1); (f) the reception of an application for the renewal of a work permit under section 201; (g) the reception of an application for a study permit under section 214; and (h) the reception of an application for the renewal of a study permit under section 217. Class of foreign nationals (2) The Minister may also, on the basis of those factors, specify whether a service set out in subsection (1) is provided to a specified class of foreign nationals at a specified port of entry. SOR/2020-55, s. 3 SOR/2024-258, s. 1
Immigration and Refugee Protection Regulations — 27
Obligation on entry 27 (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry. Seeking entry at a place other than a port of entry (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place. Refused entry elsewhere (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.
Immigration and Refugee Protection Regulations — 28
Examination 28 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by (a) submitting an application in writing; (b) seeking to enter Canada; (c) seeking to transit through Canada as provided in section 35; or (d) making a claim for refugee protection.
Immigration and Refugee Protection Regulations — 29
Medical examination 29 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following: (a) physical examination; (b) mental examination; (c) review of past medical history; (d) laboratory test; (e) diagnostic test; and (f) medical assessment of records respecting the applicant.
Immigration and Refugee Protection Regulations — 30
tal period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada. Medical certificate (3) Every foreign national who must submit to a medical examination, as required under paragraph 16(2)(b) of the Act, and who seeks to enter Canada must hold a medical certificate — based on the most recent medical examination to which they were required to submit under that paragraph and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand. SOR/2004-167, s. 9; SOR/2010-78, s. 1; SOR/2012-154, s. 3; SOR/2017-78, s. 3 SOR/2025-223, s. 1
Immigration and Refugee Protection Regulations — 31
Public health 31 Before opining whether a foreign national’s health condition is likely to be a danger to public health, an officer who is assessing the foreign national’s health condition shall consider (a) any report made by a health practitioner or medical laboratory with respect to the foreign national; (b) the communicability of any disease that the foreign national is affected by or carries; and (c) the impact that the disease could have on other persons living in Canada. SOR/2022-39, s. 3
Immigration and Refugee Protection Regulations — 32
Conditions 32 In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any foreign national who is required to submit to a medical examination under paragraph 16(2)(b) of the Act: (a) to report at the specified times and places for medical examination, surveillance or treatment; and (b) to provide proof, at the specified times and places, of compliance with the conditions imposed. SOR/2012-154, s. 4
Immigration and Refugee Protection Regulations — 33
Public safety 33 Before opining whether a foreign national’s health condition is likely to be a danger to public safety, an officer who is assessing the foreign national’s health condition shall consider (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and (b) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada. SOR/2022-39, s. 4
Immigration and Refugee Protection Regulations — 34
Excessive demand 34 (1) An officer who is assessing a foreign national’s health condition shall analyze all relevant medical factors that apply to a determination of whether the foreign national’s health condition might reasonably be expected to cause excessive demand and shall prepare an opinion based on their analysis. Medical factors (2) Medical factors referred to in subsection (1) include (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; (b) any condition identified by a medical examination required under paragraph 16(2)(b) of the Act; (c) the availability of and anticipated costs for health services and social services arising from the foreign national’s health status; and (d) a consideration of whether a mitigation plan, if any, submitted by the foreign national would provide for appropriate treatment for the health condition and would be permitted under the rules regulating the delivery of health care in Canada. Non-medical factors (3) The officer shall not consider non-medical factors, including (a) the foreign national’s intent and financial ability to mitigate any excessive demand; and (b) the feasibility of a mitigation plan, if any, submitted by the foreign national. SOR/2022-39, s. 5
Immigration and Refugee Protection Regulations — 35
Transit 35 (1) Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada: (a) in airports where there are United States’ in-transit preclearance facilities, in-transit preclearance passengers; and (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area. Obligatory examination (2) Any person seeking to leave a sterile transit area must appear immediately for examination.
Immigration and Refugee Protection Regulations — 36
Actions not constituting a complete examination 36 An inspection carried out aboard a means of transportation bringing persons to Canada or the questioning of persons embarking on or disembarking from a means of transportation, or the examination of any record or document respecting such persons before they appear for examination at a port of entry, is part of an examination but does not constitute a complete examination.
Immigration and Refugee Protection Regulations — 37
End of examination 37 (1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when (a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry; (b) if the person is an in-transit passenger, the person departs from Canada; (c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or (d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry. End of examination — claim for refugee protection (2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs: (a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act; (b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry. SOR/2004-167, s. 10(F); SOR/2016-136, s. 3(F); SOR/2018-60, s. 1
Immigration and Refugee Protection Regulations — 38
Means 38 For the purposes of subsection 18(1) of the Act, the following persons may — unless otherwise directed by an officer — be examined by the means indicated as alternative to appearing for an examination by an officer at a port of entry: (a) persons who have previously been examined and hold an authorization issued under section 11.1 of the Customs Act , in which case examination is effected by the presentation of the authorization by those persons at a port of entry; (b) persons who are seeking to enter Canada at a port of entry where facilities are in place for automatic screening of persons seeking to enter Canada, in which case examination is performed by automatic screening; (c) persons who leave Canada and proceed directly to a marine installation or structure to which the Oceans Act applies, and who return directly to Canada from the installation or structure without entering the territorial waters of a foreign state, in which case examination is conducted by an officer by telephone or other means of telecommunication; (d) members of a crew of a ship that transports oil or liquid natural gas and that docks at a marine installation or structure to which the Oceans Act applies, for the purpose of loading oil or liquid natural gas, in which case examination is conducted by an officer by telephone or other means of telecommunication; (e) members of a crew of a ship registered in a foreign country, other than members of a crew referred to in paragraph (d), in which case examination is conducted by an officer by telephone or other means of telecommunication; (f) members of a crew of a ship registered in Canada, in which case examination is conducted by an officer by telephone or other means of telecommunication; (g) citizens or permanent residents of Canada or the United States who are seeking to enter Canada at remote locations where no officer is assigned or where there are no means by which the persons may report for examination, in which case examination is conducted by an officer by telephone or other means of telecommunication; and (h) citizens or permanent residents of Canada or the United States who seek to enter Canada at places, other than a port of entry, where no officer is assigned, in which case examination is conducted by an officer by telephone or other means of telecommunication.
Immigration and Refugee Protection Regulations — 39
Entry permitted 39 An officer shall allow the following persons to enter Canada following an examination: (a) persons who have been returned to Canada as a result of a refusal of another country to allow them entry after they were removed from or otherwise left Canada after a removal order was made against them; (b) persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who, immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order; and (c) persons who are in possession of refugee travel papers issued to them by the Minister that are valid for return to Canada. SOR/2015-46, s. 1
Immigration and Refugee Protection Regulations — 40
Direction to leave 40 (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada. Service (2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada. Ceasing to have effect (3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.
Immigration and Refugee Protection Regulations — 41
Direct back 41 Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return temporarily to the United States if (a) no officer is able to complete an examination; (b) the Minister is not available to consider, under subsection 44(2) of the Act, a report prepared with respect to the person; (c) an admissibility hearing cannot be held by the Immigration Division; or (d) the foreign national is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act . SOR/2020-55, s. 4