Immigration and Refugee Protection Regulations

Marginal note:Prescribed foreign nationals

• 12.1 (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.