efficiency: when the optimal amount of goods are produced and consumed, minimizing wasteequilibrium: price and quantity combination where supply equals demandequilibrium price: the (only) price where the quantity supplied in a market equals the quantity demandedequilibrium quantity: the quantity both supplied and demanded at the equilibrium priceshortage (or excess demand): situation where the quantity demanded in a market is greater than the quantity supplied; occurs at prices below the equilibriumsurplus (or excess supply): situation where the quantity demanded in a market is less than the quantity supplied; occurs at prices above the equilibrium Show
Whereas, pursuant to subsection 5(2) of the Immigration and Refugee Protection Act, the Minister of Citizenship and Immigration has caused a copy of the proposed Immigration and Refugee Protection Regulations to be laid before each House of Parliament, substantially in the form set out in the annexed Regulations; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 5(1) of the Immigration and Refugee Protection Acta and paragraphs 19(1)(a) and 19.1(a)b and subsection 20(2) of the Financial Administration Act, and, considering that it is in the public interest to do so, subsection 23(2.1) of that Act, hereby makes the annexed Immigration and Refugee Protection Regulations. PART 1Interpretation and ApplicationDIVISION 1InterpretationMarginal note:Definitions
Marginal note:Definition of agent — section 148 of the Act
Marginal note:Interpretation 2 The definitions in this section apply in these Regulations. ActAct means the Immigration and Refugee Protection Act. (Loi) administration feeadministration fee means a portion of the average cost incurred by Her Majesty in right of Canada in respect of foreign nationals referred to in subsection 279(1), and includes the costs relating to
agent[Repealed, SOR/2016-37, s. 2] authorized representativeauthorized representative[Repealed, SOR/2011-129, s. 1] Canadian citizenCanadian citizen means a citizen referred to in subsection 3(1) of the Citizenship Act. (citoyen canadien) Canadian Language BenchmarksCanadian Language Benchmarks means, for the English language, the Canadian Language Benchmarks: English as a Second Language for Adults developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Canadian Language Benchmarks) commercial transportercommercial transporter means a transporter who operates a commercial vehicle. (transporteur commercial) commercial vehiclecommercial vehicle means a vehicle that is used for commercial purposes. (véhicule commercial) conjugal partnerconjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. (partenaire conjugal) COVID-19COVID-19 means coronovirus disease 2019. (COVID-19) DepartmentDepartment means the Department of Citizenship and Immigration. (ministère) dependent childdependent child, in respect of a parent, means a child who
guardianship[Repealed, SOR/2005-61, s. 1] Hague Convention on AdoptionHague Convention on Adoption means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995. (Convention sur l’adoption) IndianIndian means any person registered as an Indian under the Indian Act. (Indien) in-flight security officerin-flight security officer means a person who is on board a commercial passenger aircraft and whose duty it is to protect the passengers and the members of the crew as well as the aircraft itself. (agent de sécurité aérien) in-transit passengerin-transit passenger means a person who arrives by aircraft at a Canadian airport from another country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada. (passager en transit) in-transit preclearance passengerin-transit preclearance passenger means an in-transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act, 2016. (passager en transit bénéficiant d’un précontrôle) live-in caregiverlive-in caregiver[Repealed, SOR/2017-78, s. 1] marriagemarriage, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law. (mariage) minimum necessary incomeminimum necessary income means the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number to the total number of the following persons:
Minister means the Minister referred to in section 4 of the Act. (ministre) National Occupational ClassificationNational Occupational Classification means the National Occupational Classification implemented by the Department of Employment and Social Development, as amended from time to time. (Classification nationale des professions) Niveaux de compétence linguistique canadiensNiveaux de compétence linguistique canadiens means, for the French language, the Niveaux de compétence linguistique canadiens : français langue seconde pour adultes developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Niveaux de compétence linguistique canadiens) officerofficer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent) port of entryport of entry means
relative means a person who is related to another person by blood or adoption. (membre de la parenté) social assistancesocial assistance means any benefit in the form of money, goods or services provided to or on behalf of a person by a province under a program of social assistance, including a program of social assistance designated by a province to provide for basic requirements including food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care, including dental care and eye care. (assistance sociale) sterile transit areasterile transit area means an area in an airport where in-transit passengers, in-transit preclearance passengers or goods that are in transit or precontrolled are physically separated from other passengers and goods. (espace de transit isolé) study permitstudy permit means a written authorization to engage in academic, professional, vocational or other education or training in Canada that is issued by an officer to a foreign national. (permis d’études) TEER CategoryTEER Category means a category representing the level of training, formal education and experience required to gain entry into an occupation, and the responsibilities related to the occupation, as set out in the National Occupational Classification. (catégorie FÉER) time of departuretime of departure means
transporter means
vehicle means a means of transportation that may be used for transportation by water, land or air. (véhicule) vesselvessel means a vessel within the meaning of section 2 of the Canada Shipping Act. (bâtiment) workwork means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. (travail) work permitwork permit means a written authorization to work in Canada issued by an officer to a foreign national. (permis de travail) Marginal note:Interpretation — member of a crew
DIVISION 2Family RelationshipsMarginal note:Bad faith
Marginal note:New relationship 4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act. Marginal note:Excluded relationships 5 For the purposes of these Regulations, a foreign national shall not be considered
PART 2General RequirementsDIVISION 1Documents Required Before EntryMarginal note:Permanent resident 6 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa. Marginal note:Temporary resident
Marginal note:Nationals of certain countries
Marginal note:Electronic travel authorization
Marginal note:Work permit
Marginal note:Study permit
DIVISION 1.1Use of Electronic MeansMarginal note:Electronic means
Marginal note:Application by electronic means 9.2 The following applications must be made by the electronic means made available or specified by the Minister for that purpose:
Marginal note:Deemed receipt by the Minister
Marginal note:Exception — use of other means 9.4 Despite other provisions of these Regulations, the Minister may require a foreign national, or an individual or an entity to make an application, request or claim, submit any document or information or provide a signature by any other means made available or specified by the Minister for that purpose if the Minister determines that
Marginal note:Disability 9.5 A foreign national or an individual who, because of a disability is unable to meet a requirement to make an application, request or claim, submit any document or provide a signature or information using electronic means, may do so by any other means that is made available or specified by the Minister for that purpose. Marginal note:Payment of fees
DIVISION 2ApplicationsMarginal note:Form and content of application
Marginal note:Application — other means 11 If an application is not made by electronic means it must be submitted to the address specified by the Minister, including the address specified on the Department’s website for that purpose. Marginal note:Return of application 12 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the applicant.
Marginal note:Request or application at port of entry 12.001 Subject to sections 198 and 214, a person — who under section 10.01 of the Act is required to provide their biometric information — may only make a request for a temporary resident permit under subsection 24(1) of the Act or an application for a work or study permit at a port of entry if that port of entry provides collection services for biometric information. Marginal note:Invitation — application for permanent residence 12.01 An application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by the electronic means that is made available or specified by the Minister for that purpose. 12.02 [Repealed, SOR/2019-174, s. 4] 12.03 [Repealed, SOR/2019-174, s. 4] Marginal note:Electronic travel authorization — application by electronic means
Marginal note:Period of validity
Marginal note:Ineligibility 12.06 A foreign national who holds an electronic travel authorization becomes ineligible to hold such an authorization if, following its issuance,
Marginal note:Cancellation 12.07 An officer may cancel an electronic travel authorization that was issued to a foreign national if the foreign national is inadmissible or becomes ineligible to hold such an authorization under section 12.06. DIVISION 2.1Collection and Verification of Biometric InformationMarginal note:Collection — claims, applications, and requests 12.1 Section 10.01 of the Act does not apply to claims, applications and requests under the Act, other than the following:
Marginal note:Non-application — persons
Marginal note:Procedure for collection of biometric information 12.3 For the purposes of section 10.01 of the Act, the procedure for the collection of biometric information is the following:
Marginal note:Processing of biometric information 12.4 For the purposes of section 10.01 of the Act, a biometric template may be created, and the information collected under paragraph 12.3(b) may be converted into a digital biometric format by using the template. Marginal note:Verification of biometric information — procedure 12.5 For the purposes of section 10.01 of the Act, the procedure for the verification of biometric information to be followed by a person who has made a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is that, on seeking to enter Canada and when directed by an officer or by alternative means of examination referred to in paragraph 38(b), the person shall provide the information listed in subparagraphs 12.3(b)(i) and (ii) by means of an electronic device made available for that purpose, in order to verify the biometric information that they provided under paragraph 12.3(b). Marginal note:Exemption — multiple applications or requests 12.6 A person who makes more than one application or request before providing their biometric information referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information more than once with respect to those applications or requests. Marginal note:Exemption — biometric information previously provided
Marginal note:Exemption — collection of biometric information impossible or not feasible 12.8 A person who makes a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is not required to provide, with respect to the claim, application or request in question, the information referred to in subparagraph 12.3(b)(i) or (ii), as the case may be, if the collection is impossible or not feasible. Marginal note:Exception 12.9 Paragraph 12.7(1)(b) does not apply to
Marginal note:Clarification 12.91 For greater certainty, despite sections 12.7 to 12.9, a person may choose to provide their biometric information under section 10.01 of the Act in support of their claim, application or request. DIVISION 3Documents and Certified CopiesMarginal note:Production of documents
DIVISION 4Disclosure of InformationMarginal note:Authorized disclosure 13.1 If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Department, the Canada Border Services Agency or the Board, as the case may be, may disclose the following information to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:
DIVISION 4.1Use and Disclosure of Biometric Information and Related Personal InformationMarginal note:Disclosure of information
DIVISION 5Designated Body — Information RequirementsMarginal note:General requirement
PART 3InadmissibilityDIVISION 1Determination of InadmissibilityMarginal note:Application of par. 34(1)(c) of the Act 14 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact:
Marginal note:Application of par. 35(1)(a) of the Act 15 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact:
Marginal note:Application of paragraph 35(1)(b) of the Act 16 For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes
Marginal note:Application of paragraphs 37(1)(a) and (b) of the Act 16.1 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 37(1)(a) or (b) of the Act, if either of the following decisions has been rendered, the findings of fact set out in that decision shall be considered as conclusive findings of fact:
Marginal note:Prescribed period 17 For the purposes of paragraph 36(3)(c) of the Act, the prescribed period is five years
Marginal note:Rehabilitation
Marginal note:Prescribed class
Marginal note:Transborder crime 19 For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed: Marginal note:Inadmissibility on health grounds
Marginal note:Financial reasons 21 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act. Marginal note:Misrepresentation 22 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act. Marginal note:Application of paragraph 41(a) of the Act 22.1 For the purpose of determining whether a foreign national is inadmissible under paragraph 41(a) of the Act for having failed to comply with the condition set out in paragraph 43(1)(e) or 183(1)(d) of these Regulations, if the foreign national has been convicted for having contravened an order or regulation made under the Emergencies Act or the Quarantine Act, the facts on which the conviction is based shall be considered to be conclusively established. Marginal note: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
Marginal note:Exception
DIVISION 2Application for Declaration of Relief Under Subsection 42.1(1) of the ActMarginal note:Application
Marginal note:Required information
Marginal note: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.
Marginal note:Closing of file 24.4 The processing of the application is discontinued and the applicant’s file is closed if
Marginal note: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. PART 4ProceduresDIVISION 0.1Expiry DateMarginal note:Limitation
DIVISION 1Visa IssuanceMarginal note:When unenforced removal order 25 A visa shall not be issued to a foreign national who is subject to an unenforced removal order. Marginal note:General rule — one-step process
DIVISION 1.1Issuance of Electronic Travel AuthorizationMarginal note: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. DIVISION 2Authorization to Enter CanadaMarginal note: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:
Marginal note:Services at port of entry 26.1 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:
Marginal note:Obligation on entry
DIVISION 3Conduct of ExaminationGeneralMarginal note:Examination 28 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by
Marginal note:Medical examination 29 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:
Marginal note:Exemptions from medical examination requirement
Marginal note: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
Marginal note: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:
Marginal note: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
Marginal note:Excessive demand
Marginal note:Transit
Marginal note: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. Marginal note:End of examination
Alternative Means of ExaminationMarginal note: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:
Permitted EntryMarginal note:Entry permitted 39 An officer shall allow the following persons to enter Canada following an examination:
Conduct of Examination MeasuresMarginal note:Direction to leave
Marginal note: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
Marginal note:Withdrawing application
Application of Section 23 of the ActMarginal note:Conditions
Obligation to Appear at an Admissibility HearingMarginal note:Class
Deposits or GuaranteesMarginal note:Deposit or guarantee required on entry
Marginal note: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. Marginal note:General requirements
Marginal note:Conditions if guarantee posted
Marginal note:Acknowledgment of consequences of failure to comply with conditions
Documents RequiredMarginal note:Documents — permanent residents
Marginal note:Designation of unreliable travel documents
Marginal note: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,
Marginal note:Documents — temporary residents
PART 5Permanent ResidentsDIVISION 1Permanent Resident CardsMarginal note:Document indicating status
Marginal note:Period of validity
Marginal note:Delivery 55 A permanent resident card shall only be provided or issued in Canada.
Marginal note:Applicants
Marginal note:Providing address within 180 days
Marginal note:Issuance of new permanent resident card
Marginal note:Revocation 60 A permanent resident card is revoked if
DIVISION 1.1Collection and Disclosure of InformationMarginal note:Collection of social insurance number
DIVISION 2Residency ObligationMarginal note:Canadian business
Marginal note:Calculation — residency obligation
DIVISION 3Permit HoldersMarginal note:Period of permit’s validity 63 A temporary resident permit is valid until any one of the following events occurs:
DIVISION 4Permit Holders ClassMarginal note:Permit holder class 64 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division. Marginal note:Member of class 65 A foreign national is a permit holder and a member of the permit holder class if
Marginal note:Becoming a permanent resident
DIVISION 5Humanitarian and Compassionate ConsiderationsMarginal note:Request 66 A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa. Marginal note:Applicant outside Canada 67 If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and
Marginal note:Applicant in Canada 68 If an exemption from paragraphs 72(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national in Canada who has made the applications referred to in section 66, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements set out in paragraphs 72(1)(b) and (e) and
Marginal note:Accompanying family member outside Canada
Marginal note:Requirements — family member 69.1 Subject to subsection 25.1(1), to be considered a family member of the applicant, a person shall be a family member of an applicant both at the time the application under section 66 is made and at the time of the determination of the application. DIVISION 6Permanent Resident VisaMarginal note:Issuance
Marginal note:Issuance — particular Quebec selection cases 71 An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that
DIVISION 7Becoming a Permanent ResidentMarginal note:Foreign nationals outside Canada
Marginal note:Obtaining status
DIVISION 8[Repealed, SOR/2017-56, s. 1]72.1 [Repealed, SOR/2017-56, s. 1] 72.2 [Repealed, SOR/2017-56, s. 1] 72.3 [Repealed, SOR/2017-56, s. 1] 72.4 [Repealed, SOR/2017-56, s. 1] DIVISION 9Application to Renounce Permanent Resident StatusMarginal note:Separate application 72.5 Despite subsection 10(3), a separate application must be made for each family member that would like to renounce their permanent resident status. Marginal note:Application — conditions 72.6 An officer may approve a person’s application to renounce their permanent resident status if
Marginal note:Sponsorship application suspended 72.7 If a permanent resident makes an application to renounce their permanent resident status, any sponsorship application made by them is suspended until a decision is made on the application to renounce permanent residence. PART 6Economic ClassesDIVISION 0.1GeneralMarginal note:Requirements — family member 72.8 Subject to subsections 25.1(3) to (5) and for the purposes of this Part, to be considered a family member of an applicant, a person must be a family member of the applicant both at the time the application under Division 6 of Part 5 is made and at the time of the determination of the application. DIVISION 1Skilled WorkersInterpretationMarginal note:Definitions
GeneralMarginal note:Criteria
Federal Skilled WorkersFederal Skilled Worker ClassMarginal note:Class
Marginal note:Selection criteria
Marginal note:Conformity — applicable times 77 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met on the date on which an application for a permanent resident visa is made and on the date on which it is issued. Selection GridMarginal note:Education (25 points)
Marginal note:Official languages
Marginal note:Experience (15 points)
Marginal note:Age (12 points) 81 Points shall be awarded, up to a maximum of 12, for a skilled worker’s age on the date on which their application is made, as follows:
Marginal note:Definition of arranged employment
Marginal note:Adaptability (10 points)
Requirements84 [Repealed, SOR/2008-202, s. 1] Marginal note:Permanent resident status 85 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal skilled worker class shall become a permanent resident if, following an examination, it is established that
Transitional Federal Skilled WorkersTransitional Federal Skilled Worker Class85.1 [Repealed, SOR/2019-174, s. 8] 85.2 [Repealed, SOR/2019-174, s. 8] 85.3 [Repealed, SOR/2019-174, s. 8] 85.4 [Repealed, SOR/2008-253, s. 8] 85.5 [Repealed, SOR/2008-202, s. 2] 85.6 [Repealed, SOR/2019-174, s. 8] Quebec Skilled Worker ClassMarginal note:Class
Provincial Nominee ClassMarginal note:Class
Canadian Experience ClassMarginal note:Class
Federal Skilled Trades ClassMarginal note:Definition of skilled trade occupation
Atlantic Immigration ClassMarginal note:Class
DIVISION 2Business ImmigrantsInterpretationMarginal note:Definitions
GeneralMarginal note:Artificial transactions 89 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for the purpose of acquiring a status or privilege under the Act rather than
Marginal note:Permanent resident status 89.1 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class shall become a permanent resident if, following an examination, it is established that
Quebec Investor ClassMarginal note:Class
91 [Repealed, SOR/2016-316, s. 5] 92 [Repealed, SOR/2016-316, s. 5] 93 [Repealed, SOR/2016-316, s. 5] 94 [Repealed, SOR/2016-316, s. 5] 95 [Repealed, SOR/2016-316, s. 5] 96 [Repealed, SOR/2016-316, s. 5] Quebec Entrepreneur ClassMarginal note:Class
98 [Repealed, SOR/2016-316, s. 6] Start-up Business ClassMarginal note:Class
Marginal note:Agreements with organizations
Marginal note:Designation
Marginal note:Form of commitment
Marginal note:Minimum investment
Marginal note:Qualifying business
Marginal note:Documentation
Marginal note:Assessment of commitment
Marginal note:Peer review
Marginal note:Substituted evaluation
Marginal note:Inspections — organization
Marginal note:Answering questions and providing documents
Marginal note:Entry to verify compliance
99 [Repealed, SOR/2016-316, s. 6] Self-employed PersonsSelf-employed Persons ClassMarginal note:Members of the class
Quebec Self-employed Persons ClassMarginal note:Class
Selection CriteriaGeneralMarginal note:Criteria
Marginal note:Age (10 points) 102.1 Points shall be awarded, up to a maximum of 10, for a foreign national’s age on the date on which their application is made, as follows:
Marginal note:Definitions
Marginal note:Official languages
Experience
Adaptability104 [Repealed, SOR/2016-316, s. 10] Marginal note:Self-employed person
Requirements106 [Repealed, SOR/2008-202, s. 6] 107 [Repealed, SOR/2018-72, s. 5] SelectionMarginal note:Application for visa
Marginal note:Substitution of evaluation
109.1 [Repealed, SOR/2016-316, s. 13] 109.2 [Repealed, SOR/2016-316, s. 13] 109.3 [Repealed, SOR/2016-316, s. 13] 109.4 [Repealed, SOR/2008-202, s. 7] 109.5 [Repealed, SOR/2016-316, s. 13] 110 [Repealed, SOR/2017-78, s. 6] 111 [Repealed, SOR/2017-78, s. 6] 112 [Repealed, SOR/2017-78, s. 6] 113 [Repealed, SOR/2017-78, s. 6] 114 [Repealed, SOR/2017-78, s. 6] 114.1 [Repealed, SOR/2017-78, s. 6] 115 [Repealed, SOR/2017-78, s. 6] PART 7Family ClassesDIVISION 1Family ClassMarginal note:Family class 116 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division. Marginal note:Member
Marginal note:Medical condition 118 A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the sponsor has provided a statement in writing confirming that they have obtained information about the medical condition of the child or of the foreign national.
Marginal note:Withdrawal of sponsorship application 119 A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member. Marginal note:Approved sponsorship application 120 For the purposes of Part 5,
Marginal note:Requirements 121 Subject to subsection 25.1(1), a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 must be a family member of the applicant or of the sponsor both at the time the application is made and at the time of the determination of the application.
Marginal note:Requirements for accompanying family members 122 A foreign national who is an accompanying family member of a person who makes an application as a member of the family class shall become a permanent resident if, following an examination, it is established that
DIVISION 2Spouse or Common-Law Partner in Canada ClassMarginal note:Class 123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division. Marginal note:Member 124 A foreign national is a member of the spouse or common-law partner in Canada class if they
Marginal note:Excluded relationships
Marginal note:Withdrawal of sponsorship application 126 A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national. Marginal note:Approved sponsorship application 127 For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137. Marginal note:Requirements — family member 128 The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:
Marginal note:Requirements for accompanying family members 129 A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that
DIVISION 3SponsorsMarginal note:Sponsor
Marginal note:Sponsorship undertaking 131 The sponsor’s undertaking shall be given
Marginal note:Undertaking — duration
Marginal note:Requirements for sponsor
Marginal note:Income calculation rules
Marginal note:Default 135 For the purpose of subparagraph 133(1)(g)(i), the default of a sponsorship undertaking
Marginal note:Suspension during proceedings against sponsor or co-signer
Marginal note:Undertaking — Province of Quebec 137 If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b),
DIVISION 3.1Collection and Disclosure of InformationMarginal note:Collection of social insurance number
PART 8Refugee ClassesDIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary ResidentsInterpretationMarginal note:Definitions 138 The definitions in this section apply in this Division and in Division 2. groupgroup means
referral organization means
sponsor means
undertaking means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member’s accompanying family members and any of the member’s non-accompanying family members who meet the requirements of section 141, for the period determined in accordance with subsections 154(2) and (3). (engagement) urgent need of protectionurgent need of protection means, in respect of a member of the Convention refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be
vulnerable means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety. (vulnérable)
GeneralMarginal note:General requirements
Marginal note:Class of family members 140 Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant’s class. Marginal note:Application 140.1 An application for a permanent resident visa submitted by a foreign national under this Division shall indicate that the foreign national is outside Canada and is making a claim for refugee protection and shall
Marginal note:Sponsorship of foreign national — requirement to attach applications
Marginal note:Referral requirement
Marginal note:Return of documents 140.4 An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the applications, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if
Marginal note:Non-accompanying family member
Marginal note:Requirements — family members 142 Subject to subsections 25.1(1) and (6) to (8) and for the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant
Marginal note:Memorandum of understanding
Convention Refugees AbroadMarginal note:Convention refugees abroad class 144 The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division. Marginal note:Member of Convention refugees abroad class 145 A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee. Humanitarian-protected Persons AbroadMarginal note:Person in similar circumstances to those of a Convention refugee
Marginal note:Member of country of asylum class 147 A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because
148 [Repealed, SOR/2011-222, s. 6] 149 [Repealed, SOR/2011-222, s. 6] 150 [Repealed, SOR/2012-225, s. 8] Marginal note:Travel document 151 An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who
Protected Temporary ResidentsMarginal note:Protected temporary residents class
DIVISION 2SponsorshipMarginal note:Sponsorship agreements
Marginal note:Sponsorship requirements
Marginal note:Approval of application
Marginal note:Revoking approval 155 An officer shall revoke an approval given in respect of an application under section 154 if the officer determines that the sponsor no longer meets the requirements of paragraph 154(1)(a) or (b) or is ineligible under subsection 156(1). Marginal note:Ineligibility to be a party to a sponsorship
Marginal note:Joint assistance sponsorship
Marginal note:Settlement in the Province of Quebec 158 If the foreign national and their family members intend to reside in the Province of Quebec, the sponsor must meet the requirements for sponsorship that are provided by regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time. In such a case, the requirements of this Division, other than section 156, do not apply. DIVISION 3Determination of Eligibility of ClaimMarginal note:Working day 159 For the purposes of subsections 100(1) and (3) of the Act,
Marginal note:Definitions 159.1 The following definitions apply in this section and sections 159.2 to 159.7. AgreementAgreement means the Agreement dated December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries. (Accord) claimantclaimant means a claimant referred to in paragraph 101(1)(e) of the Act. (demandeur) designated countrydesignated country means a country designated by section 159.3. (pays désigné) family memberfamily member, in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. (membre de la famille) legal guardianlegal guardian, in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur légal) United StatesUnited States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. (États-Unis) Marginal note:Non-application — former habitual residence 159.2 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence. Marginal note:Designation — United States 159.3 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act. Marginal note:Non-application — ports of entry other than land ports of entry
Marginal note:Non-application — claimants at land ports of entry 159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that
Marginal note:Non-application — claimants at land ports of entry and in transit 159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes, in accordance with subsection 100(4) of the Act, that the claimant
Marginal note:Temporal operation
DIVISION 3.1Claim for Refugee Protection — Time LimitsDocuments and InformationMarginal note:Time limit — provision of documents and information to officer
Hearing Before Refugee Protection DivisionMarginal note:Time limits for hearing
Appeal to Refugee Appeal DivisionMarginal note:Time limit for appeal
Marginal note:Time limit for decision
DIVISION 4Pre-Removal Risk AssessmentMarginal note:Application for protection
Marginal note:Criterion — exemption from application of paragraphs 112(2)(b.1) or (c) of the Act 160.1 For the purposes of subsection 112(2.1) of the Act, the Minister must consider, when an exemption is made, any event having arisen in a country that could place all or some of its nationals or former habitual residents referred to in that subsection in a situation similar to those referred to in section 96 or 97 of the Act for which a person may be determined to be a Convention refugee or a person in need of protection. Marginal note:Submissions
Marginal note:Application within 15-day period 162 An application received within 15 days after notification was given under section 160 shall not be decided until at least 30 days after notification was given. The removal order is stayed under section 232 until the earliest of the events referred to in paragraphs 232(c) to (f) occurs. Marginal note:Applications after the 15-day period 163 A person who has remained in Canada since being given notification under section 160 may make an application after a period of 15 days has elapsed from notification being given under that section, but the application does not result in a stay of the removal order. Written submissions, if any, must accompany the application. Marginal note:Application that must be received within 15-day period — certificate 164 Despite section 163, an application by a person who is named in a certificate described in subsection 77(1) of the Act must be received within 15 days after notification was given under section 160. An application received within that period shall not be decided until at least 30 days after notification was given. Marginal note:Subsequent application 165 A person whose application for protection was rejected and who has remained in Canada since being given notification under section 160 may make another application. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order. Marginal note:Application at port of entry 166 An application for protection by a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility on entry into Canada must, if the order is in force, be received as soon as the removal order is made. Written submissions, if any, must accompany the application. For greater certainty, the application does not result in a stay of the removal order. Marginal note: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:
Marginal note:Hearing procedure 168 A hearing is subject to the following provisions:
Marginal note:Abandonment 169 An application for protection is declared abandoned
Marginal note: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. Marginal note: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. Marginal note:Applicant described in s. 112(3) of the Act
Marginal note:Re-examination of stay — procedure
Marginal note: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. DIVISION 4.1Designated Foreign National — Requirement to Report to an OfficerMarginal note:Regular reporting intervals
DIVISION 5Protected Persons — Permanent ResidenceMarginal note:Judicial review
Marginal note:Family members
Marginal note: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:
Marginal note:Identity documents
PART 9Temporary ResidentsDIVISION 1Temporary Resident VisaMarginal note: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
Holders of Temporary Resident VisasMarginal note: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
Applications for Extension of Authorization to Remain in Canada as a Temporary ResidentMarginal note:Circumstances
Restoration of Temporary Resident StatusMarginal note:Restoration
DIVISION 1.1Declaration Under Subsection 22.1(1) of the ActMarginal note: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
Marginal note:Written submissions
DIVISION 2Conditions on Temporary ResidentsMarginal note:General conditions
Marginal note:Condition imposed on members of a crew
Marginal note:Specific conditions 185 An officer may impose, vary or cancel the following specific conditions on a temporary resident:
DIVISION 3Work Without a PermitMarginal note:No permit required 186 A foreign national may work in Canada without a work permit
Marginal note:Business visitors
DIVISION 4Study Without a PermitMarginal note:No permit required
Marginal note:Expired study permits 189 A foreign national who has made an application under subsection 217(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit. DIVISION 5Temporary Resident Visa ExemptionsMarginal note:Visa exemption — nationality
PART 10VisitorsMarginal note:Class 191 The visitor class is prescribed as a class of persons who may become temporary residents. Marginal note:Visitor 192 A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor. Marginal note:Conditions 193 A visitor is subject to the conditions imposed under Part 9. PART 10.1[Repealed, SOR/2014-185, s. 2]193.1 [Repealed, SOR/2014-185, s. 2] 193.2 [Repealed, SOR/2014-185, s. 2] 193.3 [Repealed, SOR/2014-185, s. 2] 193.4 [Repealed, SOR/2014-185, s. 2] 193.5 [Repealed, SOR/2008-309, s. 2] PART 11WorkersDIVISION 1General RulesMarginal note:Class 194 The worker class is prescribed as a class of persons who may become temporary residents. Marginal note:Worker 195 A foreign national is a worker and a member of the worker class if the foreign national has been authorized to enter and remain in Canada as a worker. Marginal note:Work permit required 196 A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations. Marginal note:Restrictions 196.1 A foreign national must not enter into an employment agreement, or extend the term of an employment agreement, with an employer
Marginal note:Abuse
DIVISION 2Application for Work PermitMarginal note:Application before entry 197 A foreign national may apply for a work permit at any time before entering Canada. Marginal note:Application on entry
Marginal note:Application after entry 199 A foreign national may apply for a work permit after entering Canada if they
DIVISION 3Issuance of Work PermitsMarginal note:Work permits
Marginal note:Application for renewal
Marginal note:Temporary resident status 202 A foreign national who is issued a work permit under section 206 or paragraph 207(c) or (d) does not, by reason only of being issued a work permit, become a temporary resident. Marginal note:Assessment of employment offered
Marginal note:International agreements or arrangements 204 A work permit may be issued under section 200 to a foreign national who intends to perform work under
Marginal note:Canadian interests 205 A work permit may be issued under section 200 to a foreign national who intends to perform work that
Marginal note:No other means of support
Marginal note:Applicants in Canada 207 A work permit may be issued under section 200 to a foreign national in Canada who
Marginal note:Vulnerable workers
Marginal note:Humanitarian reasons 208 A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national
Marginal note:Invalidity 209 A work permit becomes invalid when it expires or when a removal order that is made against the permit holder becomes enforceable. DIVISION 4Conditions Imposed on EmployersDefinition of document 209.1 For the purposes of this Division, document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. Marginal note:Foreign national — subparagraph 200(1)(c)(ii.1)
Marginal note:Foreign national referred to in subparagraph 200(1)(c)(ii.1)
Marginal note:Foreign national referred to in subparagraph 200(1)(c)(iii)
Marginal note:Conditions imposed on all employers
Marginal note:Circumstances for exercise of powers – sections 209.6 to 209.9 209.5 The powers set out in sections 209.6 to 209.9 may be exercised in the following circumstances:
Marginal note:Answering questions and providing documents
Marginal note:Examination of documents
Marginal note:Entry to verify compliance with section 209.2
Marginal note:Entry to verify compliance with section 209.3
Marginal note:Exemption from certain conditions 209.91 The following employers are exempt from the application of sections 209.11 and 209.2:
DIVISION 5Collection and Disclosure of InformationMarginal note:Collection of information 209.911 The Minister of Employment and Social Development may collect information related to an employer’s compliance with the conditions set out in section 209.2. Marginal note:Disclosure of information 209.92 An officer may, for the purposes of determining whether a work permit is to be issued to a foreign national under subsection 200(1), of making a determination under paragraphs 203(1)(a) to (g), if applicable, or of verifying compliance with the conditions set out in sections 209.2 to 209.4, disclose to the Minister of Employment and Social Development and to the competent authorities of the provinces concerned information that relates to an application for a work permit or to an employer’s compliance with the conditions set out in sections 209.2 to 209.4. DIVISION 6Administrative Monetary Penalties and Other Consequences for Failure To Comply with Conditions Imposed on EmployersInterpretationMarginal note:Definitions 209.93 The following definitions apply in this Division. large businesslarge business means any business that is not a small business. (grande entreprise) small businesssmall business means any business, including its affiliates, that has fewer than 100 employees or less than $5 million in annual gross revenues at the time a request for an assessment under subsection 203(2) is received, or if no such request is made, at the time a copy of an offer of employment for a work permit application is provided to the Minister under paragraph 209.11(1)(d). (petite entreprise) PurposeMarginal note:Purpose of Division 209.94 The purpose of this Division is to encourage compliance with the provisions of the Act and these Regulations and not to punish. ViolationsMarginal note:Violations
Rules Applicable to ViolationsMarginal note:Separate violation — multiple foreign nationals
ClassificationMarginal note:Provisions 209.97 A failure to comply — that is not justified under subsection 209.2(3), (4) or (5), 209.3(3), (4) or (5) or 209.4(2) — with a condition that is set out in one of the provisions listed in column 1 of Table 1 of Schedule 2 is classified as a violation of Type A, Type B or Type C as set out in column 3 of that Table. Administrative Monetary Penalty AmountMarginal note:Administrative monetary penalty amount 209.98 The administrative monetary penalty for a violation is the amount set out in column 2, 3 or 4 of Table 2 of Schedule 2 opposite the total number of points determined under section 209.991 as set out in column 1, depending on the type of violation and whether it is committed by an individual or small business, or a large business. Period of IneligibilityMarginal note:Period of ineligibility
Total Number of PointsMarginal note:Calculation
Multiple ViolationsMarginal note:Cumulative amounts
Notice of Preliminary FindingMarginal note:Notice — issuance by officer
Marginal note:Submissions by employer — period
Marginal note:Correction or cancellation of notice 209.995 An officer or the Minister of Employment and Social Development may correct any information in a notice of preliminary finding that is issued under subsection 209.993(1) or (2), or cancel one, at any time before a notice of final determination is issued under section 209.996. Notice of Final DeterminationMarginal note:Notice — issuance by officer
List of EmployersMarginal note:Publication of employer’s information
PART 12StudentsDIVISION 1General RulesMarginal note:Class 210 The student class is prescribed as a class of persons who may become temporary residents. Marginal note:Student 211 A foreign national is a student and a member of the student class if the foreign national has been authorized to enter and remain in Canada as a student. Marginal note:Definition of designated learning institution 211.1 In this Part, designated learning institution means
Marginal note:List of provinces 211.2 The Minister shall publish a list of those provinces with which the Minister has entered into an agreement or arrangement in respect of learning institutions that host international students. Marginal note:Authorization 212 A foreign national may not study in Canada unless authorized to do so by the Act, a study permit or these Regulations. DIVISION 2Application for Study PermitMarginal note:Application before entry 213 Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada. Marginal note:Application on entry 214 A foreign national may apply for a study permit when entering Canada if they are
Marginal note:Application after entry
DIVISION 3Issuance of Study PermitsMarginal note:Study permits
Marginal note:Application for renewal
Marginal note:Temporary resident status 218 A foreign national referred to in paragraph 215(1)(d) and their family members do not, by reason only of being issued a study permit, become temporary residents. DIVISION 4Restrictions on Studying in CanadaMarginal note:Acceptance letter
Marginal note:Financial resources 220 An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to
Marginal note:Conditions — study permit holder
Marginal note:Failure to comply with conditions 221 Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless
DIVISION 5Validity and Expiry of Study PermitsMarginal note:Invalidity
PART 13RemovalDIVISION 1Removal OrdersMarginal note:Types of removal order 223 There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders. Marginal note:Departure order
Marginal note:Exclusion order
Marginal note:Deportation order
Marginal note:Report — family members
DIVISION 2Specified Removal OrderMarginal note:Subsection 44(2) of the Act — foreign nationals
Marginal note:Paragraph 45(d) of the Act — applicable removal order
DIVISION 3Stay of Removal OrdersMarginal note:Considerations
Marginal note:Stay of removal — judicial review
Marginal note:Stay of removal — pre-removal risk assessment 232 A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs:
Marginal note:Stay of removal — humanitarian and compassionate or public policy considerations 233 A removal order made against a foreign national, and any family member of the foreign national, is stayed if the Minister is of the opinion that the stay is justified by humanitarian and compassionate considerations, under subsection 25(1) or 25.1(1) of the Act, or by public policy considerations, under subsection 25.2(1) of the Act. The stay is effective until a decision is made to grant, or not grant, permanent resident status. Marginal note:Application of par. 50(a) of the Act 234 For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if
DIVISION 4Enforcement of Removal OrdersMarginal note:Not void 235 For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time. Marginal note:Providing copies 236 A person against whom a removal order is made shall be provided with a copy of the order when it is made. Marginal note:Modality of enforcement 237 A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister. Marginal note:Voluntary compliance
Marginal note:Removal by Minister 239 If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national’s choice of destination is not approved under subsection 238(2), the removal order shall be enforced by the Minister. Marginal note:When removal order is enforced
Marginal note:Country of removal
Marginal note:Mutual Legal Assistance in Criminal Matters Act 242 A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their country of destination. Marginal note:Payment of removal costs 243 Unless expenses incurred by Her Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at Her Majesty’s expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs of
PART 14Detention and ReleaseMarginal note:Factors to be considered 244 For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person
Marginal note:Flight risk 245 For the purposes of paragraph 244(a), the factors are the following:
Marginal note:Danger to the public 246 For the purposes of paragraph 244(b), the factors are the following:
Marginal note:Identity not established
Marginal note:Other factors 248 If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release:
Marginal note:Best interests of the child
Marginal note:Special considerations for minor children 249 For the application of the principle affirmed in section 60 of the Act that a minor child shall be detained only as a measure of last resort, the special considerations that apply in relation to the detention of minor children who are less than 18 years of age are
Marginal note:Applications for travel documents 250 If a completed application for a passport or travel document must be provided as a condition of release from detention, any completed application provided by a foreign national who makes a claim for refugee protection shall not be divulged to government officials of their country of nationality or, if there is no country of nationality, their country of previous habitual residence, as long as the removal order to which the foreign national is subject is not enforceable. PART 15Prescribed ConditionsMarginal note:Inadmissibility on grounds of security — conditions 250.1 For the purposes of subsections 44(4), 56(3), 58(5), 58.1(4), 77.1(1) and 82(6) of the Act, the conditions that must be imposed on a foreign national or permanent resident are the following:
Marginal note:Immigration Appeal Division — conditions 251 For the purposes of subsection 68(2) of the Act, the conditions that must be imposed on a foreign national or permanent resident by the Immigration Appeal Division are the following:
PART 16SeizureMarginal note:Custody of seized thing 252 A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department or the Canada Border Services Agency. Marginal note:Notice of seizure — person from whom seized
Marginal note:Application for return — person from whom seized
Marginal note:Application for return — lawful owner
Marginal note:Concurrent applications 256 If the person from whom a thing was seized makes an application under section 254 for the return of the thing and the lawful owner makes an application under section 255 for the same thing, the application of the lawful owner will be processed first. If the application of the lawful owner is granted, the application of the person from whom the thing was seized shall not be processed. Marginal note:Notice of decision 257 The decision on the application under section 254 or 255 and the reasons for it shall be given in writing and provided to the applicant as soon as feasible. If the applicant is notified by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed. Marginal note:Automatic return
Marginal note:Conditional return 257.2 A thing seized shall be returned only if its return would not be contrary to the purposes of the Act. Marginal note:Sale or destruction of seized thing
PART 17TransportationMarginal note:Prescribed persons 258.1 For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed:
Marginal note:Prescribed documents 259 For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:
Marginal note:Holding prescribed documentation
Marginal note:Obligation to hold a person
Marginal note:Stowaway notification 262 On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway. Marginal note:Medical examination and treatment
Marginal note:Prescribed information 264 A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:
Marginal note:Crew list
Marginal note:Assembly 266 On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew. Marginal note:Canadian registered vessels 267 On the arrival of a vessel registered in Canada at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of all members of the crew who are not Canadian citizens or permanent residents and, on request, provide the officer with a list of all crew members. Marginal note:Reporting obligation
Marginal note:Prescribed information
Marginal note:Notice by Canada Border Services Agency
Marginal note:Facilities for holding and examination
Marginal note:Examination on vessels 272 A commercial transporter carrying persons to Canada aboard its vessel must provide facilities aboard the vessel that permit an officer to conduct examinations. Marginal note:Obligation to carry from Canada
Marginal note:Members of a crew
Marginal note:Notification 275 A transporter must notify an officer without delay if a foreign national referred to in section 273 or 274 whom they are carrying from Canada leaves or attempts to leave a vehicle before they are carried from Canada. Marginal note:Notifying commercial transporter
Marginal note:Relief from obligations 277 Despite sections 273 and 276, a commercial transporter is relieved of its obligation to carry a foreign national from Canada, except for a member of its crew or a foreign national who entered Canada to become a member of its crew, if the foreign national at the time of their examination
Marginal note:Removal costs 278 A transporter that is required under the Act to carry a foreign national from Canada must pay the following costs of removal and, if applicable, attempted removal:
Marginal note:Assessment of administration fee
Marginal note:Administration fee
Marginal note:Notice of assessment
Marginal note:Submissions concerning assessment
Marginal note:Security
Marginal note:Application of s. 148(2) of the Act 284 For the purposes of subsection 148(2) of the Act, a prescribed good is a good that is not land, a building or a transportation facility. Marginal note:Object detained or seized 285 If an object is detained or seized under subsection 148(2) of the Act, that object shall remain detained or seized until
Marginal note:Notice of seizure
Marginal note:Sale of a seized object
PART 18LoansMarginal note:Definition of beneficiary 288 In this Part, beneficiary, in respect of a person, means
Marginal note:Types of loans 289 The Minister may make loans to the following persons for the following purposes:
Marginal note:Maximum amount
Marginal note:Repayment
Marginal note:Deferred repayment
Marginal note:No interest on loan
PART 19FeesDIVISION 1GeneralMarginal note:Interpretation 294 In this Part,
DIVISION 2Fees for Applications for Authorizations, Visas and PermitsElectronic Travel AuthorizationsMarginal note:Fee — $7
Permanent Resident VisasMarginal note:Permanent resident visa
Temporary Resident VisasMarginal note:Single or multiple entry — $100
297 [Repealed, SOR/2014-19, s. 3] Temporary Resident PermitsMarginal note:Fee — $200
Work PermitsMarginal note:Fee — $155
Study PermitsMarginal note:Fee — $150
DIVISION 3Fees for Applications to Remain in Canada as a Permanent ResidentMarginal note:Fee
Marginal note:Fee — $325 302 A fee of $325 is payable for processing an application by a person as a member of the permit holder class to remain in Canada as a permanent resident. DIVISION 4Right of Permanent ResidenceMarginal note:Fee — $500
DIVISION 4.1Other Fees in Respect of Work PermitsCompliance Regime — Employer FeeMarginal note:Fee — $230
Rights and PrivilegesMarginal note:Fee — $100
DIVISION 5Fees for Other Applications and ServicesSponsorship Application for Family ClassesMarginal note:Fee — $75
Extension of Authorization to Remain in Canada as a Temporary ResidentMarginal note:Fee — $100
Restoration of Temporary Resident StatusMarginal note:Fee — $200
Fees for a Request under Section 25 of the Act or an Examination of Circumstances under Section 25.2 of the ActMarginal note:Fees 307 The following fees are payable for processing an application made in accordance with section 66 or for examining the circumstances under subsection 25.2(1) of the Act of a foreign national who applies for permanent resident status or for a permanent resident visa, if no fees are payable in respect of the same applicant for processing an application to remain in Canada as a permanent resident or an application for a permanent resident visa:
Permanent Resident CardsMarginal note:Fee — $50
Determination of RehabilitationMarginal note:Fees 309 The following fees are payable for processing an application for a determination of rehabilitation under paragraph 36(3)(c) of the Act:
Authorization to Return to CanadaMarginal note:Fee — $400 310 A fee of $400 is payable for processing an application for authorization to return to Canada under subsection 52(1) of the Act. Certification and Replacement of Immigration DocumentMarginal note:Certification — $30
After-hours ExaminationMarginal note:Fee — $100
Alternative Means of ExaminationMarginal note:Fee — $30
Immigration Statistical DataMarginal note:Fee for statistical data
Marginal note:Travel document 315 A fee of $50 is payable for processing an application for a travel document issued under subsection 31(3) of the Act. Services in Relation to Collection of Biometric InformationMarginal note:Fee — $85
Services in Relation to an Assessment from the Department of Employment and Social Development[
Marginal note:Fee — $1,000
PART 19.1Information Sharing Between CountriesDIVISION 1Agreement Between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration InformationMarginal note:Interpretation 315.21 The definitions in this section apply in this Division. AgreementAgreement means the Agreement Between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information, signed on December 13, 2012. (Accord) national of a third countrynational of a third country means a foreign national other than a national, citizen or permanent resident of the United States. (ressortissant d’un pays tiers) partiesparties means the parties to the Agreement, namely the Government of Canada and the Government of the United States. (parties) queryquery means a request that triggers an electronic search process requiring minimal human intervention. (requête) Marginal note:Purpose 315.22 The purpose of this Division is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to specify the terms, relationships, responsibilities and conditions for the parties to share information by means of a query to assist in the administration and enforcement of the parties’ respective immigration laws. Marginal note:Authority to disclose information
Marginal note:Necessary, relevant and proportionate information 315.24 Only information that is necessary, relevant and proportionate to achieving the purposes of this Division may be disclosed.
Marginal note:Information categories
Marginal note:Destruction of information 315.26 Any information collected by the Minister that is determined not to be relevant to a query and that was not used for an administrative purpose, as defined in section 3 of the Privacy Act, must be destroyed as soon as feasible. Marginal note:Correction of previously disclosed information
DIVISION 2Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information SharingMarginal note:Interpretation 315.28 The definitions in this section apply in this Division. Asylum AnnexAsylum Annex means the Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information Sharing, signed on behalf of Canada on August 22, 2003, as amended from time to time. (Annexe sur l’asile) participantsparticipants means the participants to the Asylum Annex, taking into account their successors, namely the Department of Citizenship and Immigration Canada, the Canada Border Services Agency and the Department of Homeland Security of the United States. (participants) refugee status claimantrefugee status claimant means a person who has made a claim for refugee protection in Canada or at a port of entry. (demandeur du statut de réfugié) Marginal note:Purpose 315.29 The purpose of this Division is to implement the Asylum Annex, the objectives of which, as elaborated more specifically through its provisions, are to
Marginal note:Authority to disclose information 315.3 The Minister may only disclose information to the Department of Homeland Security of the United States in respect of a refugee status claimant other than a refugee status claimant who is alleging persecution in the United States.
Marginal note:Necessary, relevant and proportionate information 315.31 Only information that is necessary, relevant and proportionate to achieving the purposes of this Division may be disclosed.
Marginal note:Method of disclosure
Marginal note:Data elements to be disclosed 315.33 Only information belonging to the following information categories may be disclosed:
Marginal note:Destruction of information 315.34 Any information collected by the Minister that is determined not to be relevant to the purposes of this Division and that was not used for an administrative purpose, as defined in section 3 of the Privacy Act, must be destroyed as soon as feasible. Marginal note:Correction of previously disclosed information
DIVISION 3Information Sharing Between the Government of Canada and the Governments of Australia, New Zealand and the United KingdomMarginal note:Interpretation 315.36 The following definitions apply in this Division. national of a third countrynational of a third country means a foreign national other than a national or citizen of the country of the party making or receiving a query. (ressortissant d’un pays tiers) partyparty means
query means an automated request for information made by one party to another for the purposes of this Division. (requête) Marginal note:Purpose 315.37 The purpose of this Division is to define the parameters for the sharing of information, by means of a query, between parties in support of the administration and enforcement of Canada’s laws in respect of immigration and other parties’ laws in respect of citizenship and immigration. Marginal note:Making of query 315.38 A query in respect of a person must be made by submitting to another party either the person’s fingerprints accompanied by a unique transaction number or the unique transaction number assigned to a previous query received in respect of the person. Marginal note:Disclosure of information — query or response 315.39 Disclosure in relation to the making of or a response to a query is limited to information that is necessary, relevant and proportionate to achieving the purposes of this Division and must be made in a manner that ensures the accuracy and reliability of the information. Marginal note:Making of query — permitted purposes
Marginal note:Disclosure of information — permitted purposes
Marginal note:Correction of previously disclosed information
Marginal note:Retention and disposal of information
PART 20Transitional ProvisionsDIVISION 1InterpretationMarginal note:Definitions
DIVISION 2General ProvisionsMarginal note:Decisions and orders made under former Act
DIVISION 3EnforcementMarginal note:Terms and conditions 318 Terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act. Marginal note:Removal order
Marginal note:Inadmissibility — security grounds
Marginal note:Reports
Marginal note:Detention
Marginal note:Order issued by Deputy Minister 323 An order issued by a Deputy Minister under subsection 105(1) of the former Act continues in force and the review of reasons for continued detention shall be made under the Immigration and Refugee Protection Act. Marginal note:Release 324 A release from detention under the former Act is the ordering of release from detention under the Immigration and Refugee Protection Act and any terms and conditions imposed under the former Act become conditions imposed under the Immigration and Refugee Protection Act. Marginal note:Warrants Marginal note:Danger to the public
Marginal note:Certificates 327 A certificate determined to be reasonable under paragraph 40.1(4)(d) of the former Act is deemed to be a certificate determined to be reasonable under subsection 80(1) of the Immigration and Refugee Protection Act. Marginal note:Permanent residents
Marginal note:Visitors and permit holders
Marginal note:Examination 330 Any of the following persons who were in Canada immediately before the coming into force of this section are deemed to have been authorized under section 23 of the Immigration and Refugee Protection Act to enter Canada:
Marginal note:Performance bonds and security deposits 331 A performance bond posted or security deposited under the former Act that remains posted or deposited immediately before the coming into force of this section continues as a deposit or a guarantee under the Immigration and Refugee Protection Act and is governed by its provisions. Marginal note:Seizures 332 A thing seized under the former Act continues to be seized on the coming into force of this section, and the seizure is governed by the provisions of the Immigration and Refugee Protection Act. Marginal note:Debts 333 Any debt under subsection 118(3) of the former Act continues as a debt on the coming into force of this section and is governed by the provisions of the Immigration and Refugee Protection Act. DIVISION 4Refugee and Humanitarian Resettlement ProgramMarginal note:Applications for protection abroad 334 With the exception of subsection 140.3(1) of these Regulations, the Immigration and Refugee Protection Act applies to an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations, who made an application for admission under the former Act if the application is pending on the day on which this section comes into force and no visa has been issued to the applicant. Marginal note:Family member 335 An applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act that has not been refused may add to their application at any time prior to their departure for Canada a person included in the definition family member in subsection 1(3). Marginal note:Sponsorship agreements 336 A sponsorship agreement with the Minister made under the former Act and former Regulations does not cease to have effect for the sole reason of section 152 coming into force. Marginal note:Sponsors
DIVISION 5Refugee ProtectionMarginal note:Refugee protection 338 Refugee protection is conferred under the Immigration and Refugee Protection Act on a person who
Marginal note:Rejection of a claim for refugee protection 339 A determination made in Canada before the coming into force of this section that a person is not a Convention refugee is deemed to be a claim for refugee protection rejected by the Board. Marginal note:Ineligibility 340 A determination made before the coming into force of this section that a person is not eligible to have their Convention refugee claim determined by the Convention Refugee Determination Division is deemed to be a determination that the claim is ineligible to be referred to the Refugee Protection Division. Marginal note:Withdrawal and abandonment 341 A claim to be a Convention refugee that was withdrawn or declared to be abandoned before the coming into force of this section is deemed to be a claim determined to be withdrawn or abandoned under the Immigration and Refugee Protection Act. Marginal note:Eligibility 342 A claim made in Canada to be a Convention refugee in respect of which a determination of eligibility was not made before the coming into force of this section is deemed to be a claim for refugee protection made in Canada that is received on the day on which this section comes into force. Marginal note:Redetermination of eligibility 343 Subject to section 191 of the Immigration and Refugee Protection Act, a claim of a person who was determined eligible before the coming into force of this section to have a claim to be a Convention refugee determined by the Convention Refugee Determination Division, and in respect of which no determination was made by that Division, is a claim that
Marginal note:Cessation of refugee protection 344 A determination made in Canada before the coming into force of this section that a person has ceased to be a Convention refugee is deemed to be a determination by the Board that refugee protection has ceased. Marginal note:Vacation 345 A decision made in Canada before the coming into force of this section to approve an application to reconsider and vacate a determination that a person is a Convention refugee is deemed to be a determination by the Board to vacate a decision to allow a claim for refugee protection. Marginal note:Post-determination refugee claimants in Canada class
Marginal note:Application for landing — Convention refugees
DIVISION 6Court ProceedingsMarginal note:Judicial review
Marginal note:Other court proceedings 349 On the coming into force of this section, an appeal made under section 102.17 of the former Act or an application for an order made under section 102.2 of the former Act that is pending remains governed by the provisions of the former Act. Marginal note:Decisions referred back
DIVISION 7UndertakingsMarginal note:Application of the Act to existing undertakings
DIVISION 8Non-Accompanying Family MembersMarginal note: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. Marginal note: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:
Marginal note: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.
Marginal note: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. DIVISION 9FiancésMarginal note: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. DIVISION 10FeesMarginal note: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
Marginal note:Fees to be reapplied
Marginal note: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. Marginal note: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. DIVISION 11Economic ClassesMarginal note:Equivalent assessment
Marginal note: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. Marginal note: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. PART 21Repeals and Coming into ForceRepealsMarginal note:Regulations repealed 364 The following Regulations are repealed:
Coming into ForceMarginal note:Coming into force
SCHEDULE 1[Repealed, SOR/2020-55, s. 7]SCHEDULE 1.01[Repealed, SOR/2018-128, s. 10]SCHEDULE 1.1(Subsection 12.05(1.1) and paragraph 190(1)(a))Country
SCHEDULE 2(Section 209.95, subsections 209.96(2), (3) and (4), sections 209.97 and 209.98, subsections 209.99(1) and 209.991(1), section 209.993, subsections 209.996(1), (2) and (4) and paragraph 209.997(2)(c))ViolationsTABLE 1 Employer Conditions Column 1Column 2Column 3ItemProvisionShort-form DescriptionClassification1209.2(1)(b)(i)Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employmentType A2209.2(1)(b)(ii) and 209.3(1)(c)(ii)Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employmentType A3209.3(1)(a)(iii)(C)For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offeredType A4209.3(1)(c)(i)Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employmentType A5209.4(1)(a)Report at any time and place specified to answer questions and provide documentsType C6209.4(1)(b)Provide required documentsType C7209.4(1)(c)Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or informationType C8209.2(1)(a)(ii) and 209.3(1)(a)(ii)Comply with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which the foreign national worksType B9209.2(1)(a)(iii) and 209.3(1)(a)(iv)Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employmentType B10209.3(1)(a)(iii)(A)For employers of a live-in caregiver: ensure that foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervisionType B11209.3(1)(b)(i)Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B12209.3(1)(b)(ii)Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B13209.3(1)(b)(iii)Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B14209.3(1)(b)(iv)Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B15209.2(1)(a)(i) and 209.3(1)(a)(i)Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiverType C16209.3(1)(a)(iii)(B)For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the householdType C17209.2(1)(a)(iv) and 209.3(1)(a)(v)Make reasonable efforts to provide a workplace that is free of abuseType C18209.2(1)(a)(v) and 209.3(1)(a)(vii)Not do anything that prevents the foreign national from complying with an order or regulation made under the Emergencies Act or the Quarantine ActType C19209.2(1)(a)(vi) and 209.3(1)(a)(viii)Not do anything that prevents the foreign national from complying with a provincial law that governs public health in response to COVID-19Type C20209.2(1)(a)(vii) and 209.3(1)(a)(xii)Provide, during the period the foreign national must isolate or quarantine themselves on entry into Canada, wages to the foreign national that are substantially the same as those set out in the offer of employmentType C21209.3(1)(a)(ix)Provide the foreign national with accommodations that are separate from those provided to persons who are not in quarantine and that permit the foreign worker to remain at least two metres away from any other personType C22209.3(1)(a)(x)Provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularlyType C23209.3(1)(a)(xi)Provide a foreign national who develops any signs or symptoms of COVID-19, with accommodations that have a bedroom and a bathroom that are solely for the use of the foreign national while they isolate themselvesType C24209.3(1)(a)(vi)Provide adequate accommodations to a foreign national employed to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workersType B25209.2(1)(a.1) and 209.3(1)(a.1)Provide the foreign national, with a copy in their chosen official language of Canada, of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purposeType B26209.2(1)(a)(ii.1) and 209.3(1)(a)(ii.1)Make available to the foreign national the information referred to in paragraph 209.2(1)(a.1) or paragraph 209.3(1)(a.1), as the case may be, in both official languages of CanadaType B27209.2(1)(a)(ix) and 209.3(1)(a)(xv)Not directly or indirectly charge or recover from the foreign national the fees indicatedType C28209.2(1)(a)(x) and 209.3(1)(a)(xvi)Ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees indicatedType C29209.3(1)(a)(xiii)Except in the case of an employer who employs a foreign national to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers and the agreement includes health insurance, must obtain and pay for private health insurance from a Canadian insurance provider that covers emergency medical care for any period during which the foreign national is not covered by the applicable provincial health insurance systemType C30209.2(1)(a)(viii) and 209.3(1)(a)(xiv)Make reasonable efforts to provide to the foreign national access to health care services when the foreign national is injured or becomes ill at the workplaceType CTABLE 2 Administrative Monetary Penalty Amounts Column 1Column 2Column 3Column 4Type A ViolationType B ViolationType C ViolationItemTotal Number of PointsIndividual or Small Business ($)Large Business ($)Individual or Small Business ($)Large Business ($)Individual or Small Business ($)Large Business ($)10 or 1nonenonenonenonenonenone225007507501,0001,0002,000337501,0001,2502,0005,00010,000441,0002,0003,0007,00010,00020,000554,0006,0007,00012,00015,00030,000668,00010,00012,00020,00020,00040,0007712,00020,00020,00030,00035,00050,0008820,00030,00035,00045,00045,00060,00099 or 1030,00045,00050,00060,00060,00070,0001011 or 1240,00060,00060,00070,00070,00080,0001113 or 1450,00070,00070,00080,00080,00090,0001215 or more100,000100,000100,000100,000100,000100,000TABLE 3 Period of Ineligibility Column 1Column 2Column 3Column 4ItemTotal Number of PointsType A ViolationType B ViolationType C Violation10 to 5nonenonenone26nonenone1 year37none1 year2 years481 year2 years5 years59 or 102 years5 years10 years611 or 125 years10 years10 years713 or 1410 years10 years10 years815 or morepermanentpermanentpermanentTABLE 4 Compliance History Column 1Column 2ItemCriterionPoints1For Type A and Type B violations — first violation12For Type A violations — second or subsequent violation23For Type B violations — second violation24For Type C violations — first violation25For Type B violations — third or subsequent violation36For Type C violations — second violation37For Type C violations — third or subsequent violation4TABLE 5 Severity of the Violation Column 1Column 2ItemCriterionPoints1The employer derived competitive or economic benefit from the violation0 to 62The violation involved abuse of a foreign national (physical, psychological, sexual or financial)0 to 103The violation negatively affected the Canadian labour market or the Canadian economy0 to 64The employer did not make reasonable efforts to minimize or remediate the effects of the violation0 to 35The employer did not make reasonable efforts to prevent recurrence of the violation0 to 36The 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 0 to 107The violation put the public’s health or safety at risk in relation a communicable disease as defined in section 2 of the Quarantine Act |