Immigration and Refugee Protection Regulations

Marginal note:End of examination

• 37 (1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when

  • (a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;

  • (b) if the person is an in-transit passenger, the person departs from Canada;

  • (c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or

  • (d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.

• Marginal note:End of examination — claim for refugee protection

  (2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs:

  • (a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act;

  • (b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry.