Immigration and Refugee Protection Regulations (SOR/2002-227)
Full Document:
Regulations are current to 2013-04-29
Marginal note:Interpretation
2. The definitions in this section apply in these Regulations.
“Act”
« Loi »
“Act” means the Immigration and Refugee Protection Act.
“administration fee”
« frais administratifs »
“administration fee” means an administration fee that represents a portion of the total average costs 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
(a) examinations;
(b) detention;
(c) investigations and admissibility hearings in respect of inadmissible foreign nationals;
(d) fingerprinting, photographing and the verification of documents with other governments and national or international police agencies;
(e) translation and interpretation; and
(f) proceedings before the Immigration Division.
“agent”
« mandataire »
“agent” includes
(a) for the purposes of section 148 of the Act, any person in Canada who provides services as a representative of a vehicle owner, a vehicle operator or a charterer; and
(b) for the purposes of paragraph 148(1)(d) of the Act, in addition to the person referred to in paragraph (a), a travel agent, a charterer, and an operator or owner of a reservation system.
- “authorized representative”
“authorized representative”[Repealed, SOR/2011-129, s. 1]
“Canadian citizen”
« citoyen canadien »
“Canadian citizen” means a citizen referred to in subsection 3(1) of the Citizenship Act.
“Canadian Language Benchmarks”
« Canadian Language Benchmarks »
“Canadian 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.
“commercial transporter”
« transporteur commercial »
“commercial transporter” means a transporter who operates a commercial vehicle.
“commercial vehicle”
« véhicule commercial »
“commercial vehicle” means a vehicle that is used by a commercial transporter for commercial purposes.
“conjugal partner”
« partenaire conjugal »
“conjugal 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.
“Department”
« ministère »
“Department” means the Department of Citizenship and Immigration.
“dependent child”
« enfant à charge »
“dependent child”, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namely,
(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
(ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
(i) is less than 22 years of age and not a spouse or common-law partner,
(ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student
(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and
(B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or
(iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.
- “guardianship”
“guardianship” [Repealed, SOR/2005-61, s. 1]
“Hague Convention on Adoption”
« Convention sur l’adoption »
“Hague 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.
“Indian”
« Indien »
“Indian” means any person registered as an Indian under the Indian Act.
“in-flight security officer”
« agent de sécurité aérien »
“in-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.
“in-transit passenger”
« passager en transit »
“in-transit passenger” means a person who arrives by aircraft at a Canadian airport from any country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada.
“in-transit preclearance passenger”
« passager en transit bénéficiant d’un précontrôle »
“in-transit preclearance passenger” means an in-transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act.
“live-in caregiver”
« aide familial »
“live-in caregiver” means a person who resides in and provides child care, senior home support care or care of the disabled without supervision in the private household in Canada where the person being cared for resides.
“marriage”
« mariage »
“marriage”, 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.
“minimum necessary income”
« revenu vital minimum »
“minimum 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:
(a) a sponsor and their family members,
(b) the sponsored foreign national, and their family members, whether they are accompanying the foreign national or not, and
(c) every other person, and their family members,
(i) in respect of whom the sponsor has given or co-signed an undertaking that is still in effect, and
(ii) in respect of whom the sponsor’s spouse or common-law partner has given or co-signed an undertaking that is still in effect, if the sponsor’s spouse or common-law partner has co-signed with the sponsor the undertaking in respect of the foreign national referred to in paragraph (b).
“Minister”
« ministre »
“Minister” means the Minister referred to in section 4 of the Act.
“National Occupational Classification”
« Classification nationale des professions »
“National Occupational Classification” means the National Occupational Classification developed by the Department of Human Resources and Skills Development and Statistics Canada, as amended from time to time.
“Niveaux de compétence linguistique canadiens”
« Niveaux de compétence linguistique canadiens »
“Niveaux 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.
“officer”
« agent »
“officer” means a person designated as an officer by the Minister under subsection 6(1) of the Act.
“port of entry”
« point d’entrée »
“port of entry” means
(a) a place set out in Schedule 1; and
(b) a place designated by the Minister under section 26 as a port of entry, on the dates and during the hours of operation designated for that place by the Minister.
“relative”
« membre de la parenté »
“relative” means a person who is related to another person by blood or adoption.
“social assistance”
« assistance sociale »
“social 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.
“sterile transit area”
« espace de transit isolé »
“sterile 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.
“transporter”
« transporteur »
“transporter” means
(a) a person who owns, operates, charters or manages a vehicle or a fleet of vehicles and an agent for that person;
(b) a person who owns or operates an international tunnel or bridge and an agent for that person; or
(c) a designated airport authority within the meaning of subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act and an agent for that authority.
“vehicle”
« véhicule »
“vehicle” means a means of transportation that may be used for transportation by water, land or air.
“vessel”
« bâtiment »
“vessel” means a vessel within the meaning of section 2 of the Canada Shipping Act.
“work”
« travail »
“work” 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.
“work permit”
« permis de travail »
“work permit” means a written authorization to work in Canada issued by an officer to a foreign national.
- SOR/2004-59, s. 1;
- SOR/2004-167, s. 1;
- SOR/2005-61, s. 1;
- SOR/2010-172, s. 5;
- SOR/2010-253, s. 1;
- SOR/2011-129, s. 1;
- SOR/2012-274, s. 1.
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