Immigration and Refugee Protection Regulations (SOR/2002-227)
Full Document:
Regulations are current to 2017-07-03 and last amended on 2017-06-27. Previous Versions
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.
- SOR/2004-167, s. 80(F).
DIVISION 3Determination of Eligibility of Claim
Marginal note:Working day
159 For the purposes of subsections 100(1) and (3) of the Act,
(a) a working day does not include Saturdays or holidays;
(b) a day that is not a working day is not included in the calculation of the three-day period; and
(c) the three-day period begins from the day on which the claim is received.
Marginal note:Definitions
159.1 The following definitions apply in this section and sections 159.2 to 159.7.
Agreement
Accord
Agreement 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)
claimant
demandeur
claimant means a claimant referred to in paragraph 101(1)(e) of the Act. (demandeur)
designated country
pays désigné
designated country means a country designated by section 159.3. (pays désigné)
family member
membre de la famille
family 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 guardian
tuteur légal
legal 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 States
États-Unis
United 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)
- SOR/2004-217, s. 2.
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.
- SOR/2004-217, s. 2.
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.
- SOR/2004-217, s. 2.
Marginal note:Non-application — ports of entry other than land ports of entry
159.4 (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at
Marginal note:In transit exception
(2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.
- SOR/2004-217, s. 2.
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
(a) a family member of the claimant is in Canada and is a Canadian citizen;
(b) a family member of the claimant is in Canada and is
(c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless
(i) the claim has been withdrawn by the family member,
(ii) the claim has been abandonned by the family member,
(iii) the claim has been rejected, or
(iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection;
(d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than
(e) the claimant is a person who
(f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,
(i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,
(ii) a temporary resident permit issued under subsection 24(1) of the Act,
(iii) a travel document referred to in subsection 31(3) of the Act,
(iv) refugee travel papers issued by the Minister, or
(v) a temporary travel document referred to in section 151;
(g) the claimant is a person
(h) the claimant is
- SOR/2004-217, s. 2;
- SOR/2009-290, s. 2(E);
- SOR/2015-46, s. 1.
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
(a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or
(b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country.
(c) [Repealed, SOR/2009-210, s. 1]
- SOR/2004-217, s. 2;
- SOR/2009-210, s. 1.
- Date modified: