Marginal note:Suspension during proceedings against sponsor or co-signer

• 136. (1) If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until there has been a final determination of the proceeding:

  • (a) an application for revocation of citizenship under the Citizenship Act;

  • (b) a report prepared under subsection 44(1) of the Act; or

  • (c) a charge alleging the commission of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

• Marginal note:Suspension during appeal by sponsor or co-signer

  (2) If a sponsor or co-signer has made an appeal under subsection 63(4) of the Act, the sponsorship application shall not be processed until the period for making the appeal has expired or there has been a final determination of the appeal.

Marginal note:Undertaking — Province of Quebec

137. If the sponsor resides in the Province of Quebec, the government of which has entered into an agreement referred to in paragraph 131(b),

• (a) the sponsor's undertaking, given in accordance with section 131, is the undertaking required by An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time;

• (b) an officer shall approve the sponsorship application only if there is evidence that the competent authority of the Province has determined that the sponsor, on the day the undertaking was given as well as on the day a decision was made with respect to the application, was able to fulfil the undertaking; and

• (c) subsections 132(4) and (5) and paragraphs 133(1)(g) and (i) do not apply.

Marginal note:Definitions

138. The definitions in this section apply in this Division and in Division 2.

“group”

« groupe »

“group” means

• (a) five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

• (b) one or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, and a corporation or unincorporated organization or association referred to in subsection 13(2) of the Act, acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances.

“referral organization”

« organisation de recommandation »

“referral organization” means

• (a) the United Nations High Commissioner for Refugees; or

• (b) any organization with which the Minister has entered into a memorandum of understanding under section 143.

“sponsor”

« répondant »

“sponsor” means

• (a) a group, a corporation or an unincorporated organization or association referred to in subsection 13(2) of the Act, or any combination of them, that is acting for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or

• (b) for the purposes of section 158, a sponsor within the meaning of the regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time.

“undertaking”

« engagement »

“undertaking” means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member’s accompanying family members and any of the member’s non-accompanying family members who meet the requirements of section 141, for the period determined in accordance with subsections 154(2) and (3).

“urgent need of protection”

« besoin urgent de protection »

“urgent need of protection” means, in respect of a member of the Convention refugee abroad or the country of asylum class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be

• (a) killed;

• (b) subjected to violence, torture, sexual assault or arbitrary imprisonment; or

• (c) returned to their country of nationality or of their former habitual residence.

“vulnerable”

« vulnérable »

“vulnerable” means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person’s particular circumstances that give rise to a heightened risk to their physical safety.