Immigration and Refugee Protection Regulations

Marginal note:Definitions

• 1 (1) The definitions in this subsection apply in the Act and in these Regulations.

  common-law partner

  conjoint de fait

  common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  excessive demand

  fardeau excessif

  excessive demand means

  • (a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required by these Regulations, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or

  • (b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents. (fardeau excessif)

  health services

  services de santé

  health services means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care. (services de santé)

  social services

  services sociaux

  social services means any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,

  • (a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and

  • (b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies. (services sociaux)

  student

  étudiant

  student means a person who is authorized by a study permit or these Regulations to engage in studies in Canada and who is studying or intends to study in Canada. (étudiant)

  studies

  études

  studies means studies undertaken at a university or college, or any course of academic, professional or vocational training. (études)

  study permit

  permis d’études

  study permit means a written authorization to engage in studies in Canada issued by an officer to a foreign national. (permis d’études)

• Marginal note:Interpretation — common-law partner

  (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

• Definition of family member

  (3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than sections 159.1 and 159.5, family member in respect of a person means

  • (a) the spouse or common-law partner of the person;

  • (b) a dependent child of the person or of the person’s spouse or common-law partner; and

  • (c) a dependent child of a dependent child referred to in paragraph (b).