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

Marginal note:Application for landing — Convention refugees

• 347 (1) If landing was not granted before the coming into force of this section, an application for landing submitted under section 46.04 of the former Act is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

• Marginal note:Application for landing — undocumented Convention refugee in Canada class

  (2) If landing was not granted before June 28, 2002, an application for landing as a member of the undocumented Convention refugee in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

• Marginal note:Application for landing — post-determination refugee claimants in Canada class

  (3) If landing was not granted before the coming into force of this section, an application for landing submitted by a person pursuant to a determination that the person is a member of the post-determination refugee claimants in Canada class is an application to remain in Canada as a permanent resident under subsection 21(2) of the Immigration and Refugee Protection Act.

DIVISION 6Court Proceedings

Marginal note:Judicial review

• 348 (1) On the coming into force of this section, any application for leave to commence an application for judicial review and any application for judicial review or appeal from an application that was brought under the former Act that is pending before the Federal Court or the Supreme Court of Canada is deemed to have been commenced under Division 8 of Part 1 of the Immigration and Refugee Protection Act and is governed by the provisions of that Division and section 87.

• Marginal note:Application for non-disclosure

  (2) On the coming into force of this section, any application under subsection 82.1(10) of the former Act that is pending before the Federal Court is deemed to be an application under section 87 of the Immigration and Refugee Protection Act.

• Marginal note:Where no leave required

  (3) Despite subsection (1), an application for judicial review that was not subject to the requirement of an application for leave under the former Act and was pending on the coming into force of this section does not require such an application under the Immigration and Refugee Protection Act.

• Marginal note:Judicial review after coming into force

  (4) Any judicial review proceeding brought in respect of any decision or order made or any matter arising under the former Act after the coming into force of this section is governed by Division 8 of Part 1 and section 87 of the Immigration and Refugee Protection Act.

• Marginal note:Time for filing

  (5) A person in respect of whom the 30-day period provided by section 18.1 of the Federal Courts Act for making an application for judicial review from a decision or matter referred to in subsection 82.1(2) of the former Act has not elapsed on the coming into force of this section and who has not made such an application has 60 days from the coming into force of this section to file an application for leave under section 72 of the Immigration and Refugee Protection Act.

• Marginal note:Validity or lawfulness of a decision or act

  (6) The validity or lawfulness of a decision or act made under the former Act that is the subject of a judicial review procedure or appeal referred to in subsection (1) is determined in accordance with the provisions of the former Act.

Marginal note:Other court proceedings

349 On the coming into force of this section, an appeal made under section 102.17 of the former Act or an application for an order made under section 102.2 of the former Act that is pending remains governed by the provisions of the former Act.

Marginal note:Decisions referred back

• 350 (1) Subject to subsections (2) and (3), if a decision or an act of the Minister or an immigration officer under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before this section comes into force, the determination shall be made in accordance with the Immigration and Refugee Protection Act.

• Marginal note:Decisions or acts not provided for by Immigration and Refugee Protection Act

  (2) If the decision or act referred to in subsection (1) was made under paragraph 46.01(1)(e), subsection 70(5) or paragraph 77(3.01)(b) of the former Act and the Immigration and Refugee Protection Act makes no provision for the decision or act, no determination shall be made.

• Marginal note:Skilled workers and self-employed persons

  (3) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(4) and (5.2) of these Regulations.

• Marginal note:Investors, entrepreneurs and provincial nominees

  (4) If a decision or an act of the Minister or an immigration officer under the former Act in respect of a person described in subparagraph 9(1)(b)(ii) or (iii) of the former Regulations is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before December 1, 2003, the determination shall be made in accordance with subsections 361(5), (5.1) and (6) of these Regulations.

• Marginal note:Immigration Appeal Division decisions

  (5) If a decision of the Immigration Appeal Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Appeal Division shall dispose of the matter in accordance with the former Act.

• Marginal note:Adjudication Division decisions

  (6) If a decision of the Adjudication Division made under the former Act is referred back by the Federal Court or Supreme Court of Canada for determination and the determination is not made before the date of the coming into force of this section, the Immigration Division shall dispose of the matter in accordance with the Immigration and Refugee Protection Act.

DIVISION 7Undertakings

Marginal note:Application of the Act to existing undertakings

• 351 (1) Subject to subsection (2), an undertaking referred to in section 118 of the former Act that was given before the day on which this section comes into force is governed by the Immigration and Refugee Protection Act.

• Marginal note:Recovery of social assistance payments

  (2) Payments that are made to or for the benefit of a person as social assistance or as financial assistance in the form of funds from a government resettlement assistance program referred to in subparagraph 139(1)(f)(ii) as a result of the breach of an undertaking, within the meaning of subparagraph (a)(ii) or paragraph (b) of the definition “undertaking” in subsection 2(1) of the former Regulations or of the definition “undertaking” in subsection 1(1) of the Humanitarian Designated Classes Regulations, that was given before the day on which this section comes into force, may be recovered from the person or organization that gave the undertaking as a debt due to Her Majesty in right of Canada or in right of a province.

• Marginal note:Duration

  (3) For greater certainty, the duration of an undertaking referred to in section 118 of the former Act that was given to the Minister before the day on which this section comes into force is not affected by these Regulations.

• Marginal note:Duration and terms

  (4) For greater certainty, if an immigrant visa was issued to a person described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations before the day on which this section comes into force, the duration and terms of an undertaking, referred to in section 118 of the former Act, relating to that person are not affected by these Regulations.

DIVISION 8Non-Accompanying Family Members

Marginal note:Not required to be included

352 A person is not required to include in an application a non-accompanying common-law partner or a non-accompanying child who is not a dependent son or a dependent daughter within the meaning of subsection 2(1) of the former Regulations and is a dependent child as defined in section 2 of these Regulations if the application was made under the former Act before the day on which this section comes into force.

Marginal note:Requirements not applicable

353 If a person has made an application under the former Act before the day on which this section comes into force, the following provisions do not apply to the person in respect of any of their non-accompanying dependent children, referred to in section 352, or their non-accompanying common-law partner:

• (a) paragraph 70(1)(e);

• (b) subparagraph 72(1)(e)(i); and

• (c) paragraph 108(1)(a).

Marginal note:Requirements not applicable

354 If a person makes an application under the former Act before June 28, 2002, their non-accompanying dependent children, referred to in section 352, and their non-accompanying common-law partner shall not, for the purposes of that application, be considered inadmissible non-accompanying family members, referred to in paragraph 42(1)(a) of the Immigration and Refugee Protection Act, and are not subject to the requirements of paragraph 16(2)(b) of the Immigration and Refugee Protection Act or 51(b) of these Regulations.