Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2018-07-05 and last amended on 2018-06-05. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2016-37, s. 18

      • 18 (1) Paragraph 269(1)(e) of the Regulations is replaced by the following:

        • (e) any information about the person that is referred to in Schedule 3 and is in a reservation system of the commercial transporter or its agent;

      • (2) Subsections 269(4) to (10) are replaced by the following:

        • Time of transmission — paragraph (1)(e)

          (4) The information referred to in paragraph (1)(e) must be provided, for each person who is expected to be on board the commercial vehicle, not later than 72 hours before the time of departure.

        • Time of transmission — paragraph (1)(d)

          (5) The information referred to in paragraph (1)(d) must also be provided, for each passenger who is on board the commercial vehicle at the time of departure, not later than 30 minutes after the time of departure.

        • Incomplete or inaccurate information

          (6) A commercial transporter that becomes aware before or at the time of departure that information it has provided under paragraph 148(1)(d) of the Act is incomplete or inaccurate must, in the manner described in subsection (2) and without delay, provide the Canada Border Services Agency with the missing or accurate information.

        • Exception — paragraph (1)(e)

          (7) Subsection (6) does not apply in respect of information referred to in paragraph (1)(e).

        • Updates

          (8) If information referred to in paragraph (1)(e) about a person in relation to a particular carriage is added to a reservation system or changed in the system less than 72 hours before the time of departure, the commercial transporter must, in the manner described in subsection (2) and at the following times, provide the Canada Border Services Agency with all the information referred to in paragraph (1)(e) about the person in relation to that carriage:

          • (a) if the addition or change is made more than 24 hours before the time of departure, not later than 24 hours before the time of departure;

          • (b) if the addition or change is made during the period beginning 24 hours before the time of departure and ending eight hours before that time, not later than eight hours before the time of departure; and

          • (c) if the addition or change is made less than eight hours before the time of departure, not later than the time of departure.

        • Time of transmission — paragraph (1)(f)

          (9) The information referred to in paragraph (1)(f) must be provided at the same time that any information referred to in subsections (3) to (8) is provided.

        • Retention period

          (10) The Canada Border Services Agency may retain information referred to in paragraphs (1)(a) to (d) about a person for up to three years and six months after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

        • Retention period — investigation

          (11) After the period referred to in subsection (10), the Canada Border Services Agency may retain the information referred to in that subsection about a person for as long as it is required as part of an investigation, but in no case longer than six years after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

  • — SOR/2016-37, s. 19

    • 19 The Regulations are amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to these Regulations.

      SCHEDULE 3(Paragraph 269(1)(e))Information About Persons in a Reservation System

      • 1 Their surname, first name and any middle names

      • 2 Their reservation record locator number

      • 3 The date of their reservation and date their ticket was issued

      • 4 Their itinerary, including the dates of departure and arrival for each segment of carriage

      • 5 Information about their participation in a loyalty program and the benefits earned under the program, such as free tickets or upgrades

      • 6 The number of the other passengers included in the reservation record and their surname, first name and any middle names

      • 7 Contact information for each person mentioned in the reservation record, including the person who made the reservation

      • 8 Billing and payment information, including credit card number and billing address

      • 9 Information about the travel agent or agency, including the name and contact information

      • 10 Code share information

      • 11 Information about whether the reservation record has been divided into several records or is linked to another record

      • 12 Their travel status, including travel confirmation and check-in status

      • 13 Ticketing information, including the ticket number, automated ticket fare quote and whether a one-way ticket was purchased

      • 14 Their baggage information, including the number and weight of their bags

      • 15 Their seating information, including seat number

      • 16 General remarks about the person in the reservation record, including other supplementary information, special service information and special service request information

      • 17 The information referred to in paragraphs 269(1)(a) and (b) of these Regulations

      • 18 The history of any changes to the information referred toin items 1 to 17 of this Schedule

  • — SOR/2018-128, s. 1

    • 1 Section 10 of the Immigration and Refugee Protection RegulationsFootnote 1 is amended by adding the following after subsection (2):

      • Clarification

        (2.1) For greater certainty, neither the information referred to in subparagraphs 12.3(b)(i) and (ii) nor the fee referred to in section 315.1 form part of the application.

  • — SOR/2018-128, s. 2

    • 2 Section 12 of the Regulations is replaced by the following:

      • 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.

      • 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.

  • — SOR/2018-128, s. 3

      • 3 (1) Section 12.1 of the Regulations and the heading before it are replaced by the following:

        Collection and Verification of Biometric Information

        • 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:

          • (a) an application for a permanent resident visa;

          • (b) an application to remain in Canada as a permanent resident;

          • (c) an application for permanent resident status made by a person who, when they made their claim for refugee protection outside Canada, was exempted, under section 12.8, from providing their biometric information under section 10.01 of the Act;

          • (d) an application for a temporary resident visa;

          • (e) an application for an extension of authorization to remain in Canada as a temporary resident;

          • (f) a request for a temporary resident permit;

          • (g) an application for restoration of temporary resident status;

          • (h) an application for a work permit or renewal of a work permit;

          • (i) an application for a study permit or renewal of a study permit;

          • (j) an application to remain in Canada as a permanent resident, made in Canada by a protected person, within the meaning of subsection 95(2) of the Act;

          • (k) a claim for refugee protection, made in Canada;

          • (l) a claim for refugee protection, made outside Canada; and

          • (m) an application for a new permanent resident card made for the first time by a person, 14 years of age or older, who, when they made an application referred to in any of paragraphs (a) to (c), was exempted under paragraph 12.2(1)(a) from providing their biometric information under section 10.01 of the Act.

        • Non-application — persons
          • 12.2 (1) Section 10.01 of the Act does not apply to

            • (a) a person who is under the age of 14;

            • (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection;

            • (c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are

              • (i) Her Majesty in right of Canada and any member of the Royal Family, or

              • (ii) a national of the United States;

            • (d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are

              • (i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division,

              • (ii) in Canada and have had refugee protection conferred on them, or

              • (iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class;

            • (e) 

            • (f) a person who seeks to enter Canada in the course of official duties as a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member;

            • (g) a person who is a family member of a person referred to in paragraph (f);

            • (h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who

              • (i) is travelling by transporter’s vehicle to a destination other than Canada, or

              • (ii) is transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter;

            • (i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or

            • (j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class.

          • Determination of age

            (2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made.

          • Non-application

            (3) Section 10.01 of the Act does not apply to

            • (a) a person whose country of nationality or citizenship is listed in Schedule 1.01; and

            • (b) a stateless person whose country of habitual residence is listed in Schedule 1.01.

        • 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:

          • (a) the person who makes a claim, application or request shall present themself at:

            • (i) a location where services for the collection of biometric information are provided by an entity under an agreement or arrangement with the Minister for that purpose, or

            • (ii) at an immigration office, a port of entry or another location, if authorized or directed by an officer to do so, for

              • (A) reasons relating to the national interest,

              • (B) reasons relating to operational requirements, or

              • (C) any other reason that may be necessary in the circumstances; and

          • (b) they shall have their photograph taken — showing the person’s face unobscured by sunglasses or any other object — and fingerprints captured, at any location referred to in subparagraph (a)(i) or (ii), for the collection of the following information:

            • (i) photograph, and

            • (ii) fingerprints.

        • 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.

        • 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).

        • 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.

        • Exemption — biometric information previously provided
          • 12.7 (1) Subject to section 12.9, a person who makes an application or request referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information under section 10.01 of the Act if

            • (a) they had already provided it — under subsection 12.1(1) of the Immigration and Refugee Protection Regulations as they read immediately before the coming into force of this paragraph — in support of an application referred to in that subsection, within the 10-year period before the day on which they make the current application;

            • (b) they had already provided it — under section 10.01 of the Act — in support of an application or request referred to in any of paragraphs 12.1(d) to (i), within the 10-year period before the day on which they make the current application or request; or

            • (c) subject to subsection (2), they had already provided it under section 10.01 of the Act when they made a claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) and that claim or application is still pending on the day on which they make an application or request referred to in any of paragraphs 12.1(d) to (i).

          • Limitation

            (2) Paragraph (1)(c) ceases to apply on the latest of the expiry dates of any work permit or study permit — including any renewal of them — any temporary resident visa or any temporary resident permit having an expiry date that was issued to the person if that person made the application for the permit or visa during the processing of their claim or application, referred to in any of paragraphs 12.1(a) to (c) or (j) to (l), and the claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) is refused.

        • 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.

        • Exception

          12.9 Paragraph 12.7(1)(b) does not apply to

          • (a) a person referred to in paragraph 12.7(1)(b) who was exempted under section 12.8 from providing certain biometric information for a reason relating to a temporary situation if the situation no longer exists; and

          • (b) a person referred to in paragraph 12.7(1)(c).

        • 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.

      • (2) Subsection 12.2(3) of the Regulations is repealed.

  • — SOR/2018-128, s. 4

    • 4 Part 4 of the Regulations is amended by adding the following before Division 1:

      DIVISION 0.1Expiry Date

      • Limitation
        • 24.6 (1) The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary resident status of a person who is a member of the visitor class, issued to a person who is required to provide their biometric information under section 10.01 of the Act, must not be later than 10 years after the latest day on which the person provided their biometric information under section 10.01 of the Act.

        • Determination of latest day

          (2) The latest day on which the person provided their biometric information is determined at the time of the issuance of the permit, visa or other document.

  • — SOR/2018-128, s. 5

    • 5 Subsection 59(1) of the Regulations is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

      • (c.1) in the case of an applicant referred to in paragraph 12.1(m) who is 14 years of age or older, the applicant has provided their biometric information in support of their application; and

  • — SOR/2018-128, s. 6

    • 6 The portion of section 140.4 of the Regulations before paragraph (a) is replaced by the following:

      • 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

  • — SOR/2018-128, s. 7

    • 7 Subsection 183(4) of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

      • (c.1) in the case of a person who is required by section 10.01 of the Act to provide their biometric information, the day on which the period of 10 years following the latest day on which the person provided their biometric information under section 10.01 of the Act ends; or

  • — SOR/2018-128, s. 8

    • 8 The heading before section 315.1 of the Regulations is replaced by the following:

      Services in Relation to Collection of Biometric Information

  • — SOR/2018-128, s. 9

      • 9 (1) Subsections 315.1(1) and (2) of the Regulations are replaced by the following:

        • Fee — $85
          • 315.1 (1) A fee of $85 is payable for the provision of services in relation to the collection of biometric information under section 10.01 of the Act.

          • Exemptions

            (2) The following persons are not required to pay the fee referred to in subsection (1):

            • (a) with respect to an application referred to in paragraph 12.1(a), a person who applied for refugee protection outside Canada and their family members;

            • (b) with respect to a request referred to in paragraph 12.1(f),

              • (i) a person referred to in paragraph 12.2(1)(h), if the 48-hour period has elapsed and the person ceases to be exempt under that paragraph, and

              • (ii) a person who, while they are in transit to Canada, ceases to be exempt under paragraph 190(1)(a) from the requirement for a temporary resident visa, if, during the first 48 hours after they cease to be exempt from that requirement, they seek to enter and remain in Canada and are inadmissible to Canada for the sole reason that they do not have a temporary resident visa;

            • (c) with respect to an application referred to in paragraph 12.1(j), protected persons, within the meaning of subsection 95(2) of the Act, who are in Canada;

            • (d) with respect to an application or request referred to in paragraphs 12.1(d) to (i),

              • (i) a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member,

              • (ii) a person who is a family member of a person referred to in subparagraph (i),

              • (iii) a person who seeks to enter Canada in the course of official duties as a member of the suite of a person referred to in subparagraph (i),

              • (iv) a member of a visiting force as defined in section 2 of the Visiting Forces Act and their family members,

              • (v) a person whose work in Canada would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries and who is a family member of an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency,

              • (vi) a foreign national who belongs to the category of protected temporary residents and any family member included by that foreign national in the application or request,

              • (vii) a person who makes a claim for refugee protection in Canada,

              • (viii) a person referred to in section 12.9 who provides their biometric information under section 10.01 of the Act, before the end of the 10-year period referred to in paragraph 12.7(1)(b), and

              • (ix) a person who is a member of the clergy, a member of a religious order or a lay person who is to assist a congregation or a group in the achievement of its spiritual goals, if the duties to be performed by the person are to consist mainly of spiritual counselling, preaching doctrine or presiding at liturgical functions, and their family members;

            • (e) with respect to an application or request referred to in paragraphs 12.1(d) to (g),

              • (i) a person who is seeking to enter Canada for a period of less than 48 hours and who is

                • (A) travelling by transporter’s vehicle to a destination other than Canada, or

                • (B) transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter, or

              • (ii) a foreign national who is transiting through Canada as a passenger on a flight that, owing to an emergency or other unforeseen circumstances, makes an unscheduled stop in Canada;

            • (f) with respect to an application or request referred to in paragraphs 12.1(d) to (h),

              • (i) a person seeking to enter Canada

                • (A) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, as a participant,

                • (B) for the purpose of attending a meeting as a representative of the Organization of American States or the Caribbean Development Bank, or

                • (C) for the purpose of attending a meeting hosted by the Government of Canada, an organization of the United Nations or the Organization of American States, at the invitation of the Government of Canada,

              • (ii) a person seeking to enter Canada as a competitor, coach, judge, team official, medical staff member or member of a national or international sports organizing body participating in the Pan-American Games, when held in Canada, or as a performer participating in a festival associated with any of those Games,

              • (iii) a person seeking to work in Canada if the work is designated by the Minister under subparagraph 205(c)(i),

              • (iv) a person seeking to work in Canada for a religious or charitable organization, without remuneration, or

              • (v) a person seeking to work in Canada under an agreement entered into with a country by Canada, or by or on behalf of a province, that provides for reciprocal employment opportunities of an artistic, cultural or educational nature;

            • (g) with respect to an application or request referred to in paragraphs 12.1(d) to (g) and (i), a person seeking to study in Canada under an agreement or arrangement entered into with a country by Canada that provides for reciprocal opportunities with respect to student exchange programs;

            • (h) with respect to an application referred to in paragraph 12.1(h), a person who holds a study permit and is temporarily destitute, as described in paragraph 208(a);

            • (i) with respect to an application referred to in paragraphs 12.1(h) and (i),

              • (i) the family members of a person in Canada whose claim for refugee protection has not yet been determined by the Refugee Protection Division,

              • (ii) the family members of a person in Canada who has been granted refugee protection, or

              • (iii) the family members of a person who is a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class; and

            • (j) with respect to an application referred to in paragraph 12.1(m), the person referred to in that paragraph.

      • (2) Paragraphs 315.1(3)(a) and (b) of the Regulations are replaced by the following:

        • (a) if an applicant and their family members make their applications or requests referred to in any of paragraphs 12.1(a),(b) and (d) to (i) at the same time, $170 for all applications and requests together; and

        • (b) if three or more persons who are part of the same group of performing artists or that group’s staff make their applications for a work permit at the same time, $255 for all applications together.

  • — SOR/2018-128, s. 10

      • 10 (1) The Regulations are amended by adding, after Schedule 1, the Schedule 1.01 set out in the schedule to these Regulations.

        SCHEDULE 1.01(Subsection 12.2(3))Country

        • Antigua and Barbuda
        • Argentina
        • Australia
        • Bahamas
        • Barbados
        • Belize
        • Bhutan
        • Bolivia
        • Brazil
        • Brunei Darussalam
        • Chile
        • China
        • Costa Rica
        • Cuba
        • Dominica
        • Dominican Republic
        • East Timor
        • Ecuador
        • El Salvador
        • Federated States of Micronesia
        • Fiji
        • Grenada
        • Guatemala
        • Guyana
        • Honduras
        • India
        • Indonesia
        • Japan
        • Kiribati
        • Korea, Democratic People’s Republic of
        • Korea, Republic of
        • Malaysia
        • Maldives
        • Marshall Islands
        • Mexico
        • Mongolia
        • Nauru
        • Nepal
        • New Zealand
        • Nicaragua
        • Palau
        • Panama
        • Papua New Guinea
        • Paraguay
        • Peru
        • Philippines
        • Saint Kitts and Nevis
        • Saint Lucia
        • Saint Vincent & the Grenadines
        • Samoa
        • Singapore
        • Solomon Islands
        • Suriname
        • Thailand
        • Tonga
        • Trinidad and Tobago
        • Tuvalu
        • United States
        • Uruguay
        • Vanuatu
        • Venezuela
      • (2) Schedule 1.01 of the Regulations is repealed.

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