Travel
document
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(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
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Regulations
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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 permanent residents and
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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Rules of
interpreta-
tion
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33. The facts that constitute inadmissibility
under sections 34 to 37 include facts arising
from omissions and, unless otherwise
provided, include facts for which there are
reasonable grounds to believe that they have
occurred, are occurring or may occur.
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Security
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34. (1) A permanent resident or a foreign
national is inadmissible on security grounds
for
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(a) engaging in an act of espionage or an act
of subversion against a democratic
government, institution or process as they
are understood in Canada;
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(b) engaging in or instigating the subversion
by force of any government;
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(c) engaging in terrorism;
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(d) being a danger to the security of Canada;
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(e) engaging in acts of violence that would
or might endanger the lives or safety of
persons in Canada; or
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(f) being a member of an organization that
there are reasonable grounds to believe
engages, has engaged or will engage in acts
referred to in paragraph (a), (b) or (c).
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Exception
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(2) The matters referred to in subsection (1)
do not constitute inadmissibility in respect of
a permanent resident or a foreign national who
satisfies the Minister that their presence in
Canada would not be detrimental to the
national interest.
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Human or
international
rights
violations
|
35. (1) A permanent resident or a foreign
national is inadmissible on grounds of
violating human or international rights for
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(a) committing an act outside Canada that
constitutes an offence referred to in sections
4 to 7 of the Crimes Against Humanity and
War Crimes Act;
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(b) being a prescribed senior official in the
service of a government that, in the opinion
of the Minister, engages or has engaged in
terrorism, systematic or gross human rights
violations, or genocide, a war crime or a
crime against humanity within the meaning
of subsections 6(3) to (5) of the Crimes
Against Humanity and War Crimes Act; or
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(c) being a person, other than a permanent
resident, whose entry into or stay in Canada
is restricted pursuant to a decision,
resolution or measure of an international
organization of states or association of
states, of which Canada is a member, that
imposes sanctions on a country against
which Canada has imposed or has agreed to
impose sanctions in concert with that
organization or association.
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Exception
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(2) Paragraphs (1)(b) and (c) do not apply in
the case of a permanent resident or a foreign
national who satisfies the Minister that their
presence in Canada would not be detrimental
to the national interest.
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Serious
criminality
|
36. (1) A permanent resident or a foreign
national is inadmissible on grounds of serious
criminality for
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(a) having been convicted in Canada of an
offence under an Act of Parliament
punishable by a maximum term of
imprisonment of at least 10 years, or of an
offence under an Act of Parliament for
which a term of imprisonment of more than
six months has been imposed;
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(b) having been convicted of an offence
outside Canada that, if committed in
Canada, would constitute an offence under
an Act of Parliament punishable by a
maximum term of imprisonment of at least
10 years; or
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(c) committing an act outside Canada that is
an offence in the place where it was
committed and that, if committed in
Canada, would constitute an offence under
an Act of Parliament punishable by a
maximum term of imprisonment of at least
10 years.
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Criminality
|
(2) A foreign national is inadmissible on
grounds of criminality for
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(a) having been convicted in Canada of an
offence under an Act of Parliament
punishable by way of indictment, or of two
offences under any Act of Parliament not
arising out of a single occurrence;
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(b) having been convicted outside Canada
of an offence that, if committed in Canada,
would constitute an indictable offence
under an Act of Parliament, or of two
offences not arising out of a single
occurrence that, if committed in Canada,
would constitute offences under an Act of
Parliament;
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(c) committing an act outside Canada that is
an offence in the place where it was
committed and that, if committed in
Canada, would constitute an indictable
offence under an Act of Parliament; or
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(d) committing, on entering Canada, an
offence under an Act of Parliament
prescribed by regulations.
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Application
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(3) The following provisions govern
subsections (1) and (2):
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(a) an offence that may be prosecuted either
summarily or by way of indictment is
deemed to be an indictable offence, even if
it has been prosecuted summarily;
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(b) inadmissibility under subsections (1)
and (2) may not be based on a conviction in
respect of which a pardon has been granted
and has not ceased to have effect or been
revoked under the Criminal Records Act, or
in respect of which there has been a final
determination of an acquittal;
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(c) the matters referred to in paragraphs
(1)(b) and (c) and (2)(b) and (c) do not
constitute inadmissibility in respect of a
permanent resident or foreign national who,
after the prescribed period, satisfies the
Minister that they have been rehabilitated
or who is a member of a prescribed class
that is deemed to have been rehabilitated;
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(d) a determination of whether a permanent
resident has committed an act described in
paragraph (1)(c) must be based on a balance
of probabilities; and
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(e) inadmissibility under subsections (1)
and (2) may not be based on an offence
designated as a contravention under the
Contraventions Act or an offence under the
Young Offenders Act.
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Organized
criminality
|
37. (1) A permanent resident or a foreign
national is inadmissible on grounds of
organized criminality for
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(a) being a member of an organization that
is believed on reasonable grounds to be or
to have been engaged in activity that is part
of a pattern of criminal activity planned and
organized by a number of persons acting in
concert in furtherance of the commission of
an offence punishable under an Act of
Parliament by way of indictment, or in
furtherance of the commission of an offence
outside Canada that, if committed in
Canada, would constitute such an offence,
or engaging in activity that is part of such a
pattern; or
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(b) engaging, in the context of transnational
crime, in activities such as people
smuggling, trafficking in persons or money
laundering.
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Application
|
(2) The following provisions govern
subsection (1):
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(a) subsection (1) does not apply in the case
of a permanent resident or a foreign
national who satisfies the Minister that their
presence in Canada would not be
detrimental to the national interest; and
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(b) paragraph (1)(a) does not lead to a
determination of inadmissibility by reason
only of the fact that the permanent resident
or foreign national entered Canada with the
assistance of a person who is involved in
organized criminal activity.
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Health
grounds
|
38. (1) A foreign national is inadmissible on
health grounds if their health condition
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(a) is likely to be a danger to public health;
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(b) is likely to be a danger to public safety;
or
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(c) might reasonably be expected to cause
excessive demand on health or social
services.
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Exception
|
(2) Paragraph (1)(c) does not apply in the
case of a foreign national who
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(a) has been determined to be a member of
the family class and to be the spouse,
common-law partner or child of a sponsor
within the meaning of the regulations;
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(b) has applied for a permanent resident visa
as a Convention refugee or a person in
similar circumstances;
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(c) is a protected person; or
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(d) is, where prescribed by the regulations,
the spouse, common-law partner, child or
other family member of a foreign national
referred to in any of paragraphs (a) to (c).
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Financial
reasons
|
39. A foreign national is inadmissible for
financial reasons if they are or will be unable
or unwilling to support themself or any other
person who is dependent on them, and have
not satisfied an officer that adequate
arrangements for care and support, other than
those that involve social assistance, have been
made.
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Misrepresen-
tation
|
40. (1) A permanent resident or a foreign
national is inadmissible for misrepresentation
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(a) for directly or indirectly
misrepresenting or witholding material
facts relating to a relevant matter that
induces or could induce an error in the
administration of this Act;
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(b) for being or having been sponsored by a
person who is determined to be
inadmissible for misrepresentation;
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(c) on a final determination to vacate a
decision to allow the claim for refugee
protection by the permanent resident or the
foreign national; or
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(d) on ceasing to be a citizen under
paragraph 10(1)(a) of the Citizenship Act,
in the circumstances set out in subsection
10(2) of that Act.
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Application
|
(2) The following provisions govern
subsection (1):
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(a) the permanent resident or the foreign
national continues to be inadmissible for
misrepresentation for a period of two years
following, in the case of a determination
outside Canada, a final determination of
inadmissibility under subsection (1) or, in
the case of a determination in Canada, the
date the removal order is enforced; and
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(b) paragraph (1)(b) does not apply unless
the Minister is satisfied that the facts of the
case justify the inadmissibility.
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Non-complian
ce with Act
|
41. A person is inadmissible for failing to
comply with this Act
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(a) in the case of a foreign national, through
an act or omission which contravenes,
directly or indirectly, a provision of this
Act; and
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(b) in the case of a permanent resident,
through failing to comply with subsection
27(2) or section 28.
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Inadmissible
family
member
|
42. A foreign national, other than a
protected person, is inadmissible on grounds
of an inadmissible family member if
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(a) their accompanying family member or,
in prescribed circumstances, their
non-accompanying family member is
inadmissible; or
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(b) they are an accompanying family
member of an inadmissible person.
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Regulations
|
43. The regulations may provide for any
matter relating to the application of this
Division, may define, for the purposes of this
Act, any of the terms used in this Division, and
may include provisions respecting the
circumstances in which a class of permanent
residents or foreign nationals is exempted
from any of the provisions of this Division.
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