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| Examination
by officer
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15. (1) An officer is authorized to proceed
with an examination where a person makes an
application to the officer in accordance with
this Act or where the officer has reasonable
grounds to believe that a foreign national may
be inadmissible.
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| Provincial
criteria
|
(2) In the case of a foreign national referred
to in subsection 9(1), an examination of
whether the foreign national complies with
the applicable selection criteria shall be
conducted solely on the basis of documents
delivered by the province indicating that the
competent authority of the province is of the
opinion that the foreign national complies
with the province's selection criteria.
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| Inspection
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(3) An officer may board and inspect any
means of transportation bringing persons to
Canada, examine any person carried by that
means of transportation and any record or
document respecting that person, seize and
remove the record or document to obtain
copies or extracts and hold the means of
transportation until the inspection and
examination are completed.
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| Instructions
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(4) The officer shall conduct the
examination in accordance with any
instructions that the Minister may give.
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| Obligation -
answer
truthfully
|
16. (1) A person who makes an application
must answer truthfully all questions put to
them for the purpose of the examination and
must produce a visa and all relevant evidence
and documents that the officer reasonably
requires.
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| Obligation -
relevant
evidence
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(2) In the case of a foreign national other
than a permanent resident,
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(a) the relevant evidence referred to in
subsection (1) includes photographic and
fingerprint evidence; and
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(b) the foreign national must submit to a
medical examination on request.
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| Evidence
relating to
identity
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(3) An officer may require or obtain from a
foreign national who is examined, arrested,
detained or subject to a removal order, any
evidence - photographic, fingerprint or
otherwise - that may be used to establish
their identity or compliance with this Act.
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| Regulations
|
17. The regulations may provide for any
matter relating to the application of this
Division, and may include provisions
respecting the conduct of examinations.
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Entering and Remaining
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| Examination
by officer
|
18. Every person seeking to enter Canada
must appear for an examination to determine
whether that person has a right to enter Canada
or is or may become authorized to enter and
remain in Canada.
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| Right of entry
of citizens and
Indians
|
19. (1) Every Canadian citizen within the
meaning of the Citizenship Act and every
person registered as an Indian under the Indian
Act has the right to enter and remain in Canada
in accordance with this Act, and an officer
shall allow the person to enter Canada if
satisfied following an examination on their
entry that the person is a citizen or registered
Indian.
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| Right of entry
of permanent
residents
|
(2) An officer shall allow a permanent
resident to enter Canada if satisfied following
an examination on their entry that they have
that status.
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| Obligation on
entry
|
20. (1) Every foreign national, other than a
foreign national referred to in section 19, who
seeks to enter or remain in Canada must
establish,
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(a) to become a permanent resident, that
they hold the visa or other document
required under the regulations and have
come to Canada in order to establish
permanent residence; and
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(b) to become a temporary resident, that
they hold the visa or other document
required under the regulations and will
leave Canada by the end of the period
authorized for their stay.
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| Provincial
criteria
|
(2) A foreign national referred to in
subsection 9(1) must also establish, to become
a permanent resident, that they hold a
document delivered by the province
indicating that the competent authority of the
province is of the opinion that the foreign
national complies with the province's
selection criteria.
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Status and Authorization to Enter
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| Permanent
resident
|
21. A foreign national becomes a
permanent resident if an officer is satisfied
that the foreign national has applied for that
status, has met the obligations set out in
paragraph 20(1)(a) and subsection 20(2) and
is not inadmissible.
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| Temporary
resident
|
22. (1) A foreign national becomes a
temporary resident if an officer is satisfied that
the foreign national has applied for that status,
has met the obligations set out in paragraph
20(1)(b) and is not inadmissible.
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| Dual intent
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(2) An intention by a foreign national to
become a permanent resident does not
preclude them from becoming a temporary
resident if the officer is satisfied that they will
leave Canada by the end of the period
authorized for their stay.
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| Entry to
complete
examination
or hearing
|
23. An officer may authorize a person to
enter Canada for the purpose of further
examination or an admissibility hearing under
this Part.
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| Temporary
resident
permit
|
24. (1) A foreign national who, in the
opinion of an officer, is inadmissible or does
not meet the requirements of this Act becomes
a temporary resident if an officer is of the
opinion that it is justified in the circumstances
and issues a temporary resident permit, which
may be cancelled at any time.
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| Exception
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(2) A foreign national referred to in
subsection (1) to whom an officer issues a
temporary resident permit outside Canada
does not become a temporary resident until
they have been examined upon arrival in
Canada.
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| Instructions of
Minister
|
(3) In applying subsection (1), the officer
shall act in accordance with any instructions
that the Minister may make.
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| Humanitarian
and
compassionat
e
considerations
|
25. (1) The Minister may, in the Minister's
discretion, examine the circumstances
concerning a foreign national who is
inadmissible or who does not meet the
requirements of this Act and grant them
permanent resident status or an exemption
from any applicable criteria or obligation of
this Act if the Minister is of the opinion that it
is justified by humanitarian and
compassionate considerations relating to
them, taking into account the best interests of
a child directly affected, or by public policy
considerations.
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| Provincial
criteria
|
(2) The Minister may not grant permanent
resident status to a foreign national referred to
in subsection 9(1) if the foreign national does
not meet the province's selection criteria
applicable to that foreign national.
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| Regulations
|
26. The regulations may provide for any
matter relating to the application of sections
18 to 25, and may include provisions
respecting
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(a) entering, remaining in and re-entering
Canada;
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(b) permanent resident status or temporary
resident status, including acquisition of that
status;
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(c) the circumstances in which all or part of
the considerations referred to in section 24
and, in the case of an exercise of a power
delegated under subsection 6(2), in section
25 may be taken into account;
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(d) conditions that may or must be imposed,
varied or cancelled, individually or by
class, on foreign nationals; and
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(e) deposits or guarantees of the
performance of obligations under this Act
that are to be given to the Minister.
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Rights and Obligations of Permanent and
Temporary Residents
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| Right of
permanent
residents
|
27. (1) A permanent resident of Canada has
the right to enter and remain in Canada,
subject to the provisions of this Act.
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| Conditions
|
(2) A permanent resident must comply with
any conditions imposed under the regulations.
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| Residency
obligation
|
28. (1) A permanent resident must comply
with a residency obligation with respect to
every five-year period.
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| Application
|
(2) The following provisions govern the
residency obligation under subsection (1):
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(a) a permanent resident complies with the
residency obligation with respect to a
five-year period if, on each of a total of at
least 730 days in that five-year period, they
are
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(i) physically present in Canada,
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(ii) outside Canada accompanying a
Canadian citizen who is their spouse or
common-law partner or, in the case of a
child, their parent,
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(iii) outside Canada employed on a
full-time basis by a Canadian business or
in the public service of Canada or of a
province,
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(iv) outside Canada accompanying a
permanent resident who is their spouse or
common-law partner or, in the case of a
child, their parent and who is employed
on a full-time basis by a Canadian
business or in the public service of
Canada or of a province, or
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(v) referred to in regulations providing
for other means of compliance;
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(b) it is sufficient for a foreign national to
demonstrate at examination
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(i) if they have been a permanent resident
for less than five years, that they will be
able to meet the residency obligation in
respect of the five-year period
immediately after they became a
permanent resident;
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(ii) if they have been a permanent
resident for five years or more, that they
have met the residency obligation in
respect of the five-year period
immediately before the examination; and
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(c) a determination by an officer that
humanitarian and compassionate
considerations relating to a foreign
national, taking into account the best
interests of a child directly affected by the
determination, justify the retention of
permanent resident status overcomes any
breach of the residency obligation prior to
the determination.
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| Right of
temporary
residents
|
29. (1) A temporary resident is, subject to
the other provisions of this Act, authorized to
enter and remain in Canada on a temporary
basis as a visitor or as a holder of a temporary
resident permit.
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| Obligation -
temporary
resident
|
(2) A temporary resident must comply with
any conditions imposed under the regulations
and with any requirements under this Act,
must leave Canada by the end of the period
authorized for their stay and may re-enter
Canada only if their authorization provides for
re-entry.
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| Work and
study in
Canada
|
30. (1) A foreign national, other than a
permanent resident, may not work or study in
Canada unless authorized to do so under this
Act.
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| Minor
children
|
(2) A minor child in Canada, other than a
child of a temporary resident not authorized to
work or study, is authorized to study at the
pre-school, primary or secondary level.
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Status Document
|
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| Status
document
|
31. (1) A permanent resident shall be, and
a protected person may be, provided with a
document indicating their status.
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| Effect
|
(2) For the purposes of this Act, unless an
officer determines otherwise
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(a) a foreign national in possession of a
status document referred to in subsection
(1) is presumed to have the status indicated;
and
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(b) a foreign national who is outside Canada
and who does not present a status document
indicating permanent resident status is
presumed not to have permanent resident
status.
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| Travel
document
|
(3) A permanent resident outside Canada
who is not in possession of a status document
indicating permanent resident status shall,
following an examination, be issued a travel
document if an officer is satisfied that
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(a) they comply with the residency
obligation under section 28;
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(b) an officer has made the determination
referred to in paragraph 28(2)(c); or
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(c) they were physically present in Canada
at least once within the 365 days before the
examination and they have made an appeal
under subsection 63(4) that has not been
finally determined or the period for making
such an appeal has not yet expired.
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Regulations
|
|
| Regulations
|
32. The regulations may provide for any
matter relating to the application of sections
27 to 31, may define, for the purposes of this
Act, the terms used in those sections, and may
include provisions respecting
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(a) classes of temporary residents, such as
students and workers;
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(b) selection criteria for each class of
foreign national and for their family
members, and the procedures for evaluating
all or some of those criteria;
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(c) anything referred to in paragraph (b) for
which a decision or recommendation may
or must be made by a designated person,
institution or organization;
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(d) the conditions that must or may be
imposed, varied or cancelled, individually
or by class, on foreign nationals, including
conditions respecting work or study;
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(e) the residency obligation under section
28, including rules for calculating
applicable days and periods; and
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(f) the circumstances in which a document
indicating status or a travel document may
or must be issued, renewed or revoked.
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