Immigration and Refugee Protection Regulations

Marginal note:Non-application — persons

• 12.2 (1) Section 10.01 of the Act does not apply to

  • (a) a person who is under the age of 14;

  • (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection;

  • (c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are

    • (i) Her Majesty in right of Canada and any member of the Royal Family, or

    • (ii) a national of the United States;

  • (d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are

    • (i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division,

    • (ii) in Canada and have had refugee protection conferred on them, or

    • (iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class;

  • (e) a person who is a head of state or head of government who makes an application or request referred to in any of paragraphs 12.1(d) to (i);

  • (f) a person who seeks 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;

  • (g) a person who is a family member of a person referred to in paragraph (f);

  • (h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who

    • (i) is travelling by transporter’s vehicle to a destination other than Canada, or

    • (ii) is transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter;

  • (i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or

  • (j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class.

• Marginal note:Determination of age

  (2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made.

• Marginal note:Non-application

  (3) Section 10.01 of the Act does not apply to

  • (a) a person whose country of nationality or citizenship is listed in Schedule 1.01; and

  • (b) a stateless person whose country of habitual residence is listed in Schedule 1.01.