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

Regulations are current to 2017-11-20 and last amended on 2017-10-24. Previous Versions

Marginal note:Invitation to apply for permanent residence — application by other means
  •  (1) If an applicant is unable to make the application referred to in subsection 12.01(1) by means of the electronic system because of a physical or mental disability, it may be made by another means made available by the Department for that purpose that would enable the applicant to make the application, including a paper application form.

  • Marginal note:Evidence of payment of fee

    (2) An application that is made under subsection (1) must be accompanied by the evidence of payment referred to in paragraph 10(1)(d).

  • SOR/2014-256, s. 1.
Marginal note:Non-application

 Subsections 11(1) and (3) do not apply in respect of an application referred to in subsection 12.01(1) that is made by means of an electronic system under that subsection or made by another means under subsection 12.02(1).

  • SOR/2014-256, s. 1.
Marginal note:Electronic travel authorization — application by electronic system
  •  (1) Despite section 10 and subject to subsection (2), an application for an electronic travel authorization under subsection 11(1.01) of the Act must be made by means of an electronic system that is made available by the Department for that purpose.

  • Marginal note:Electronic travel authorization — application by other means

    (2) If the applicant is unable to make the application by means of the electronic system because of a physical or mental disability, it may be made by another means, made available for that purpose, that would enable the applicant to make the application, including a paper application form.

  • Marginal note:Payment of fee

    (3) The fee referred to in subsection 294.1(1) must be paid at the time the application is made and, unless the application is made under subsection (2), it must be paid by electronic means.

  • Marginal note:Required information

    (4) The application must contain the following information:

    • (a) the applicant’s name;

    • (b) the applicant’s date and place of birth;

    • (c) the applicant’s gender;

    • (d) the applicant’s address;

    • (e) the applicant’s nationality;

    • (f) the number of the applicant’s passport or other travel document, together with its date of issue and its expiry date and the country or the authority that issued it;

    • (g) if the applicant is an applicant referred to in any of paragraphs 10(2)(c.1) to (c.4), the information required under that paragraph;

    • (h) if the applicant is making the application by means of the electronic system referred to in subsection (1), the applicant’s email address;

    • (h.1) in the case of a foreign national referred to in paragraph 7.01(2)(b), the valid United States nonimmigrant visa number; and

    • (i) a declaration that the information provided in the application is complete and accurate.

  • Marginal note:Combined applications — foreign nationals referred to in subsection 7.01(1)

    (5) An application for a renewal of a work permit or study permit that is made by a foreign national referred to in subsection 7.01(1) is considered to constitute an application for an electronic travel authorization.

  • Marginal note:Combined applications — foreign nationals referred to in subsection 7.1(1)

    (6) An application for a work permit or study permit or for renewal of a work permit or study permit that is made by a foreign national who is required under subsection 7.1(1) to obtain an electronic travel authorization is considered to constitute an application for an electronic travel authorization.

  • SOR/2015-77, s. 3;
  • SOR/2017-53, s. 3.
Marginal note:Period of validity

 An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of that period:

  • (a) the day on which the applicant’s passport or other travel document, in respect of which the electronic travel authorization was issued, expires,

  • (b) the day on which the electronic travel authorization is cancelled,

  • (c) the day on which a new electronic travel authorization, in respect of the same passport or the same travel document, is issued to the applicant, or

  • (d) the day on which the country or authority referred to in paragraph 190(1)(a) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that paragraph.

  • SOR/2015-77, s. 3;
  • SOR/2017-53, s. 4;
  • SOR/2017-147, s. 1.
Marginal note:Ineligibility

 A foreign national who holds an electronic travel authorization becomes ineligible to hold such an authorization if, following its issuance,

  • (a) they are the subject of a declaration made under subsection 22.1(1) of the Act;

  • (b) they were issued a temporary resident permit under subsection 24(1) of the Act;

  • (c) they are the subject of a report prepared under subsection 44(1) of the Act;

  • (d) they are the subject of a removal order made under subsection 44(2) or paragraph 45(d) of the Act;

  • (e) they withdrew their application to enter Canada under subsection 42(1);

  • (f) they were refused a temporary resident visa because they did not meet the requirement set out in paragraph 179(b);

  • (g) they were refused a work permit because they did not meet the requirement set out in paragraph 200(1)(b);

  • (h) they were refused a study permit because they did not meet the requirement set out in paragraph 216(1)(b); or

  • (i) in the case of a foreign national referred to in subsection 7.01(1), it is established that, on the day on which they made their application for an electronic travel authorization, they did not meet either of the conditions set out in paragraphs 7.01(2)(a) and (b).

  • SOR/2015-77, s. 3;
  • SOR/2017-53, s. 5.
Marginal note:Cancellation

 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.

  • SOR/2017-53, s. 5.

DIVISION 2.1Collection of Biometric Information

Marginal note:Prescribed foreign nationals
  •  (1) For the purposes of section 11.1 of the Act and subject to subsection (2), a foreign national referred to in any of the following paragraphs who makes an application for a temporary resident visa under section 179, an application for a study permit under section 213, 214 or 215 or an application for a work permit under section 197, 198 or 199 must, as of the applicable date set out in that paragraph, follow the procedure set out in subsection (3) for the collection of the biometric information set out in subsection (4):

    • (a) September 4, 2013, in the case of a foreign national who is a citizen of Colombia, Haiti or Jamaica;

    • (b) October 23, 2013, in the case of a foreign national who is a citizen of Albania, Algeria, Democratic Republic of Congo, Eritrea, Libya, Nigeria, Saudi Arabia, Somalia, South Sudan, Sudan or Tunisia;

    • (c) December 11, 2013, in the case of a foreign national who is a citizen of Afghanistan, Bangladesh, Burma, Cambodia, Egypt, Iran, Iraq, Jordan, Laos, Lebanon, Pakistan, Sri Lanka, Syria, Vietnam or Yemen;

    • (d) December 11, 2013, in the case of a foreign national who holds a passport or travel document issued by the Palestinian Authority.

  • Marginal note:Exemption

    (2) A foreign national referred to in subsection (1) is exempt from the requirement to follow the procedure set out in subsection (3) if the foreign national is

    • (a) under the age of 14;

    • (b) over the age of 79;

    • (c) a person who is seeking 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, or is a family member of one of them;

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

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

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

    • (e) a foreign national who makes an application for a study permit or a work permit and is

      • (i) a person in Canada who has made a refugee claim that has not yet been determined by the Refugee Protection Division,

      • (ii) a person in Canada on whom refugee protection has been conferred, or

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

  • Marginal note:Prescribed procedure

    (3) A foreign national referred to in subsection (1) must present themselves in person at one of the following points of service to have the biometric information set out in subsection (4) collected from them:

    • (a) 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

    • (b) an immigration office if authorized or directed by an officer to do so for

      • (i) reasons relating to the national interest,

      • (ii) reasons relating to operational requirements, or

      • (iii) any other reason that may be necessary in the circumstances.

  • Marginal note:Prescribed biometric information

    (4) The biometric information that is to be collected from a foreign national referred to in subsection (1) consists of the following:

    • (a) their photograph; and

    • (b) their fingerprints.

  • SOR/2013-73, s. 1.
 
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