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

Marginal note:Conditions

• 43. (1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act:

  • (a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing;

  • (b) to not engage in any work in Canada;

  • (c) to not attend any educational institution in Canada; and

  • (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada.

• Marginal note:Effect of authorization to enter

  (2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident.

Marginal note:Class

• 44. (1) The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons.

• Marginal note:Members

  (2) The members of the class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act are the persons who are the subject of such a report.

• Marginal note:Obligation

  (3) Every member of the class prescribed under subsection (1) must appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.

Marginal note:Deposit or guarantee required on entry

• 45. (1) An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any conditions imposed.

• Marginal note:Amount

  (2) The amount of the deposit or guarantee is fixed by an officer on the basis of

  • (a) the financial resources of the person or group;

  • (b) the obligations that result from the conditions imposed;

  • (c) the costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and

  • (d) in the case of a guarantee, the costs that would likely be incurred to enforce it.

Marginal note:Application

46. Sections 47 to 49 apply to deposits and guarantees required under subsection 44(3), section 56 and subsection 58(3) of the Act and section 45 of these Regulations.

Marginal note:General requirements

• 47. (1) A person who pays a deposit or posts a guarantee

  • (a) must not have signed or co-signed another guarantee that is in default; and

  • (b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted.

• Marginal note:Requirements if guarantee posted

  (2) A person who posts a guarantee must

  • (a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;

  • (b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and

  • (c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.

• Marginal note:Money illegally obtained

  (3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee.