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

PART 5Permanent Residents

DIVISION 1Permanent Resident Cards

Marginal note:Document indicating status

• 53 (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is

  • (a) provided by the Department to a person who has become a permanent resident under the Act; or

  • (b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.

• Marginal note:Property of Her Majesty

  (2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department’s request.

Marginal note:Period of validity

• 54 (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.

• Marginal note:Exception

  (2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident

  • (a) is subject to the process set out in paragraph 46(1)(b) of the Act;

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

  • (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or

  • (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

Marginal note:Delivery

55 A permanent resident card shall only be provided or issued in Canada.

• 56 (1) [Repealed, SOR/2008-188, s. 1]

• Marginal note:Application for a card

  (2) An application for a permanent resident card must be made in Canada and include

  • (a) an application form that contains the following information, namely,

    • (i) the applicant’s name and date and place of birth,

    • (ii) the applicant’s gender, height and eye colour,

    • (iii) the date on which and the place where the applicant became a permanent resident,

    • (iv) the applicant’s mailing address,

    • (v) the addresses of all of the applicant’s places of residence during the previous five years,

    • (vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years,

    • (vii) the periods during the previous five years that the applicant was absent from Canada,

    • (viii) [Repealed, SOR/2008-188, s. 1]

    • (ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and

    • (x) whether the applicant has lost their permanent resident status or has been issued a removal order;

  • (b) [Repealed, SOR/2008-188, s. 1]

  • (c) a copy of

    • (i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,

    • (ii) a certificate of identity issued in Canada to the applicant by the Minister, or

    • (iii) refugee travel papers issued in Canada to the applicant by the Minister;

  • (d) a copy of

    • (i) the form IMM1000, entitled “Record of Landing”, held by the applicant,

    • (ii) a provincial driver’s license held by the applicant,

    • (iii) a photo-identity card held by the applicant and issued by a province,

    • (iv) a student card held by the applicant and issued by a provincially accredited college or university, or

    • (v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and

  • (e) two identical photographs that

    • (i) were taken not more than 12 months before the application was made,

    • (ii) [Repealed, SOR/2008-188, s. 1]

    • (iii) are in black and white or colour on paper,

    • (iv) show a full front view of the applicant’s head and shoulders and have a white background,

    • (v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,

    • (vi) show the applicant’s face unobscured by sunglasses or any other object, and

    • (vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).

• (3) [Repealed, SOR/2008-188, s. 1]

Marginal note:Applicants

• 57 (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.

• Marginal note:Minor applicants 14 years of age or more

  (2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless

  • (a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or

  • (b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.

• Marginal note:Minor applicants less than 14 years of age

  (3) The application of a child who is less than 14 years of age must be signed by one of their parents unless

  • (a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or

  • (b) the parents are deceased, in which case the person legally responsible for the child must sign the application.

Marginal note:Providing address within 180 days

• 58 (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after the day on which they become a permanent resident, their address in Canada and, on the request of an officer,

  • (a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and

  • (b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless

    • (i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or

    • (ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.

• Marginal note:Issuance after 180 days

  (2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.

• Marginal note:Attendance required

  (3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.

• Marginal note:Document verification

  (4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

Marginal note:Issuance of new permanent resident card

• 59 (1) An officer shall, on application, issue a new permanent resident card if

  • (a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;

  • (b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;

  • (c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4);

  • (c.1) in the case of an applicant referred to in paragraph 12.1(m) who is 14 years of age or older, the applicant has provided their biometric information in support of their application; and

  • (d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.

• Marginal note:Issuance of new permanent resident card — effect

  (2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

Marginal note:Revocation

60 A permanent resident card is revoked if

• (a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;

• (b) the permanent resident card is lost, stolen or destroyed; or

• (c) the permanent resident is deceased.

DIVISION 1.1Collection and Disclosure of Information

Marginal note:Collection of social insurance number

• 60.1 (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act.

• Marginal note:Disclosure of social insurance number

  (2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.

DIVISION 2Residency Obligation

Marginal note:Canadian business

• 61 (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

  • (a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

  • (b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

    • (i) that is capable of generating revenue and is carried on in anticipation of profit, and

    • (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

  • (c) an organization or enterprise created under the laws of Canada or a province.

• Marginal note:Exclusion

  (2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

• Marginal note:Employment outside Canada

  (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to

  • (a) a position outside Canada;

  • (b) an affiliated enterprise outside Canada; or

  • (c) a client of the Canadian business or the public service outside Canada.

• Marginal note:Accompanying outside Canada

  (4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

• Marginal note:Compliance

  (5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

• Marginal note:Child

  (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age.

Marginal note:Calculation — residency obligation

• 62 (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

  • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

  • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

• Marginal note:Exception

  (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

63 A temporary resident permit is valid until any one of the following events occurs:

• (a) the permit is cancelled under subsection 24(1) of the Act or under section 243.1;

• (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

• (c) the period of validity specified on the permit expires; or

• (d) a period of three years elapses from its date of validity.