GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 167
Hearing — prescribed factors 167 For the purpose of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following: (a) whether there is evidence that raises a serious issue of the applicant’s credibility and is related to the factors set out in sections 96 and 97 of the Act; (b) whether the evidence is central to the decision with respect to the application for protection; and (c) whether the evidence, if accepted, would justify allowing the application for protection.
Immigration and Refugee Protection Regulations — 168
Hearing procedure 168 A hearing is subject to the following provisions: (a) notice shall be provided to the applicant of the time and place of the hearing and the issues of fact that will be raised at the hearing; (b) the hearing is restricted to matters relating to the issues of fact stated in the notice, unless the officer conducting the hearing considers that other issues of fact have been raised by statements made by the applicant during the hearing; (c) the applicant must respond to the questions posed by the officer and may be assisted for that purpose, at their own expense, by a barrister or solicitor or other counsel; and (d) any evidence of a person other than the applicant must be in writing and the officer may question the person for the purpose of verifying the evidence provided.
Immigration and Refugee Protection Regulations — 169
Abandonment 169 An application for protection is declared abandoned (a) in the case of an applicant who fails to appear at a hearing, if the applicant is given notice of a subsequent hearing and fails to appear at that hearing; and (b) in the case of an applicant who voluntarily departs Canada, when the applicant’s removal order is enforced under section 240 or the applicant otherwise departs Canada. SOR/2009-290, s. 5(F)
Immigration and Refugee Protection Regulations — 170
Withdrawal 170 An application for protection may be withdrawn by the applicant at any time by notifying the Minister in writing. The application is declared to be withdrawn on receipt of the notice.
Immigration and Refugee Protection Regulations — 171
Effect of abandonment and withdrawal 171 An application for protection is rejected when a decision is made not to allow the application or when the application is declared withdrawn or abandoned.
Immigration and Refugee Protection Regulations — 172
Applicant described in s. 112(3) of the Act 172 (1) Before making a decision to allow or reject the application of an applicant described in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and any written response of the applicant to the assessments that is received within 15 days after the applicant is given the assessments. Assessments (2) The following assessments shall be given to the applicant: (a) a written assessment on the basis of the factors set out in section 97 of the Act; and (b) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be. Certificate (2.1) Despite subsection (2), no assessments shall be given to an applicant who is named in a certificate until a judge under section 78 of the Act determines whether the certificate is reasonable. When assessments given (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department. Applicant not described in s. 97 of the Act (4) Despite subsections (1) to (3), if the Minister decides on the basis of the factors set out in section 97 of the Act that the applicant is not described in that section, (a) no written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act need be made; and (b) the application is rejected. SOR/2008-193, s. 2
Immigration and Refugee Protection Regulations — 173
Re-examination of stay — procedure 173 (1) A person in respect of whom a stay of a removal order, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given (a) a notice of re-examination; (b) a written assessment on the basis of the factors set out in section 97 of the Act; and (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be. Assessments and response (2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person. When assessments given (3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, are deemed to be given to an applicant seven days after the day on which they are sent to the last address that the applicant provided to the Department. SOR/2009-290, s. 6
Immigration and Refugee Protection Regulations — 174
Reasons for decision 174 On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.
Immigration and Refugee Protection Regulations — 174.1
Regular reporting intervals 174.1 (1) For the purposes of subsection 98.1(1) of the Act, a designated foreign national referred to in that subsection who has not become a permanent resident under subsection 21(2) of the Act must report to an officer as follows: (a) in person, not more than 30 days after refugee protection is conferred on the designated foreign national under paragraph 95(1)(b) or (c) of the Act; and (b) once a year in each year after the day on which the foreign national first reports to an officer under paragraph (a), on a date fixed by the officer. Reporting on request (2) The designated foreign national must also report to an officer if requested to do so by the officer because the officer has reason to believe that any of the circumstances referred to in paragraphs 108(1)(a) to (e) of the Act may apply in respect of the designated foreign national. Additional reporting requirements (3) In addition to meeting the requirements of subsections (1) and (2), the designated foreign national must report to an officer (a) any change in (i) their address, not more than 10 working days after the day on which the change occurs, and (ii) their employment status, not more than 20 working days after the day on which the change occurs; (b) any departure from Canada, not less than 10 working days before the day of their departure; and (c) any return to Canada, not more than 10 working days after the day of their return. Cessation of reporting requirements (4) The reporting requirements in subsections (1) to (3) cease to apply to the designated foreign national on the day on which they become a permanent resident. SOR/2012-244, s. 1
Immigration and Refugee Protection Regulations — 175
Judicial review 175 (1) For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed. (2) [Repealed, SOR/2012-154, s. 8] Quebec (3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province. SOR/2012-154, s. 8
Immigration and Refugee Protection Regulations — 176
Family members 176 (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members. One-year time limit (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and (b) the family member is not inadmissible on the grounds referred to in subsection (3). Inadmissibility (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.
Immigration and Refugee Protection Regulations — 177
Prescribed classes 177 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents: (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the rejection of a claim for refugee protection or nullification of the decision that led to conferral of refugee protection; (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident; (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country; (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country. SOR/2014-140, s. 16(E)
Immigration and Refugee Protection Regulations — 178
Identity documents 178 (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application (a) any identity document issued outside Canada before the person’s entry into Canada; or (b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by (i) a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or (ii) a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence. Alternative documents (2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if (a) in the case of an identity document, the identity document (i) is genuine, (ii) identifies the applicant, and (iii) constitutes credible evidence of the applicant’s identity; and (b) in the case of a statutory declaration, the declaration (i) is consistent with any information previously provided by the applicant to the Department or the Board, and (ii) constitutes credible evidence of the applicant’s identity. SOR/2004-167, s. 49; SOR/2011-126, s. 1
Immigration and Refugee Protection Regulations — 179
Issuance 179 An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that the foreign national (a) has applied in accordance with these Regulations for a temporary resident visa as a member of the visitor, worker or student class; (b) will leave Canada by the end of the period authorized for their stay under Division 2; (c) holds a passport or other document that they may use to enter the country that issued it or another country; (d) meets the requirements applicable to that class; (e) is not inadmissible; (f) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and (g) is not the subject of a declaration made under subsection 22.1(1) of the Act. SOR/2012-154, s. 9; SOR/2013-210, s. 1
Immigration and Refugee Protection Regulations — 180
Authorization 180 A foreign national who holds a temporary resident visa is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and (b) continue to meet these requirements at the time of the examination on entry into Canada. SOR/2019-212, s. 8
Immigration and Refugee Protection Regulations — 180.1
Cancellation 180.1 An officer may cancel a temporary resident visa that was issued to a foreign national if (a) the foreign national is inadmissible; (b) the foreign national did not meet one or more of the requirements under section 179 at the time the temporary resident visa was issued or no longer meets one or more of those requirements; (c) the foreign national was issued, after the issuance of the temporary resident visa, a temporary resident permit under subsection 24(1) of the Act; (d) the officer has reasonable grounds to believe that the foreign national will not leave Canada by the end of the period authorized for their stay under Division 2; (e) the foreign national was refused, after the issuance of the temporary resident visa, an electronic travel authorization, work permit or study permit or another temporary resident visa; (f) the foreign national is the subject of a declaration made under subsection 22.1(1) of the Act; or (g) the officer is satisfied that the temporary resident visa was issued based on an administrative error. SOR/2025-11, s. 4
Immigration and Refugee Protection Regulations — 180.2
Cancellation 180.2 A temporary resident visa that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; (b) the passport or other travel document in respect of which the temporary resident visa was issued is lost, stolen or destroyed; (c) the passport or other travel document in respect of which the temporary resident visa was issued is abandoned by the foreign national; or (d) the foreign national is deceased. SOR/2025-11, s. 4
Immigration and Refugee Protection Regulations — 181
Circumstances 181 (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if (a) the application is made by the end of the period authorized for their stay; and (b) they have complied with all conditions imposed on their entry into Canada. Extension (2) An officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.
Immigration and Refugee Protection Regulations — 182
Restoration 182 (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. Exception (2) Despite subsection (1), an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1). SOR/2013-210, s. 2; SOR/2014-14, s. 3
Immigration and Refugee Protection Regulations — 182.1
Notice 182.1 If the Minister makes a declaration under subsection 22.1(1) of the Act in respect of a foreign national, the foreign national is considered to have been given notice of the declaration if (a) notice is sent by mail to their last known address; (b) notice is sent to their last known email address; (c) notice is provided to them by hand, including at a port of entry; or (d) notice is sent or provided by other reasonable means, if it is not possible to give notice by one of the means referred to in paragraphs (a) to (c). SOR/2013-210, s. 2
Immigration and Refugee Protection Regulations — 182.2
Written submissions 182.2 (1) A foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act may make written submissions to the Minister as to why the declaration should be revoked or why its effective period should be shortened. Time limit (2) The written submissions must be made within 60 days after the day on which the notice of the declaration is sent or provided to the foreign national, as the case may be. SOR/2013-210, s. 2
Immigration and Refugee Protection Regulations — 184
Condition imposed on members of a crew 184 (1) A foreign national who enters Canada as a member of a crew must leave Canada within 72 hours after they cease to be a member of a crew. Conditions imposed on foreign nationals who enter to become members of a crew (2) The following conditions are imposed on a foreign national who enters Canada to become a member of a crew: (a) [Repealed, SOR/2004-167, s. 50] (b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and (c) to leave Canada within 72 hours after they cease to be a member of a crew. SOR/2004-167, s. 50
Immigration and Refugee Protection Regulations — 185
Specific conditions 185 An officer may impose, vary or cancel the following specific conditions on a temporary resident: (a) the period authorized for their stay; (b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including (i) the type of work, (ii) the employer, (ii.1) the duration of the work for any one employer, (iii) the location of the work, (iv) the times and periods of the work, and (v) in the case of a member of a crew, the period within which they must join the means of transportation; (c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including (i) the type of studies or course, (ii) the educational institution, (iii) the location of the studies, and (iv) the times and periods of the studies; (d) the area within which they are permitted to travel or are prohibited from travelling in Canada; and (e) the times and places at which they must report for (i) medical examination, surveillance or treatment, or (ii) the presentation of evidence of compliance with applicable conditions. SOR/2004-167, s. 51(F) SOR/2024-240, s. 1
Immigration and Refugee Protection Regulations — 186
federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, tribunal or court of law; (p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field; (q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights; (r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act ; (s) as a member of a crew who is employed by a foreign company aboard a means of transportation that (i) is foreign-owned and not registered in Canada, and (ii) is engaged primarily in international transportation; (t) as a provider of emergency services, including medical services, for the protection or preservation of life or property; (u) until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date; (v) if they are the holder of a study permit and (i) they are a full-time student enrolled at a designated learning institution as defined in section 211.1, (ii) the program in which they are enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec, in each case, of a duration of six months or more that leads to a degree, diploma or certificate, and (iii) although they are permitted to engage in full-time work during a regularly scheduled break between academic sessions, they work no more than 24 hours per week during a regular academic session; (w) if they are or were the holder of a study permit who has completed their program of study and (i) they met the requirements set out in paragraph (v), and (ii) they applied for a work permit before the expiry of that study permit and a decision has not yet been made in respect of their application; or (x) if they are an Indian. SOR/2010-253, s. 3; SOR/2011-126, s. 2; SOR/2014-14, s. 5; SOR/2014-170, s. 1; SOR/2018-249, s. 1 SOR/2019-212, s. 9(F) SOR/2024-219, s. 1
Immigration and Refugee Protection Regulations — 187
Business visitors 187 (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market. Specific cases (2) The following foreign nationals are business visitors: (a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services; (b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and (c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada. Factors (3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if (a) the primary source of remuneration for the business activities is outside Canada; and (b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.