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Rules of
interpretation
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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 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 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
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35. (1) 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, who is described in the regulations
and who is a national of a country or a
representative of a government or country
against which Canada has imposed or has
agreed to impose sanctions in concert with
an international organization of states or
association of states, of which Canada is a
member.
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Exception
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(2) Paragraphs (1)(b) and (c) do not apply in
the case of 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
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36. (1) 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 -
non-permanen
t resident
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(2) A foreign national, other than a
permanent resident, 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
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
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37. (1) 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
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(2) The following provisions govern
subsection (1):
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(a) subsection (1) does not apply in the case
of 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 foreign national
entered Canada with the assistance of a
person who is involved in organized
criminal activity.
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Health
grounds
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38. (1) A foreign national, other than a
permanent resident, 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
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(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
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39. A foreign national, other than a
permanent resident, 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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Misrepresenta
tion
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40. (1) 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 foreign national's
claim for refugee protection; 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
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(2) The following provisions govern
subsection (1):
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(a) 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-
compliance
with Act
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41. A foreign national is inadmissible for
failing to comply with this Act
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(a) in the case other than of a permanent
resident, 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
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42. A foreign national, other than a
permanent resident, 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
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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 foreign
nationals is exempted from any of the
provisions of this Division.
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Report on Inadmissibility
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Preparation of
report
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44. (1) An officer who is of the opinion that
a foreign national who is in Canada is
inadmissible may prepare a report setting out
the relevant facts, which report shall be
transmitted to the Minister.
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Removal
order or
referral
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(2) If, following an examination, the
Minister is of the opinion that the report is
well-founded, the Minister may refer the
report to the Immigration Division for an
admissibility hearing or make a removal order
against the foreign national in accordance
with the Regulations.
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Conditions
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(3) An officer or the Immigration Division
may impose any condition that the officer or
the Division considers necessary on a foreign
national who is the subject of a report, an
admissibility hearing or, being in Canada, a
removal order.
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Admissibility Hearing by the Immigration
Division
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Decision
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45. The Immigration Division, at the
conclusion of an admissibility hearing, shall
make one of the following decisions:
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(a) recognize the right to enter Canada of a
Canadian citizen within the meaning of the
Citizenship Act, a person registered as an
Indian under the Indian Act or a permanent
resident;
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(b) grant permanent resident status or
temporary resident status to a foreign
national if it is satisfied that the foreign
national meets the requirements of this Act;
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(c) authorize a foreign national, with or
without conditions, to enter Canada for
further examination; or
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(d) make the applicable removal order
against a foreign national who has not been
authorized to enter Canada, if it is not
satisfied that the foreign national is not
inadmissible, or against a foreign national
who has been authorized to enter Canada, if
it is satisfied that the foreign national is
inadmissible.
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Loss of Status
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Permanent
resident
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46. (1) A foreign national loses permanent
resident status
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(a) when they become a Canadian citizen;
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(b) on a final determination of a decision
made outside of Canada that they have
failed to comply with the residency
obligation under section 28;
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(c) when a removal order made against
them comes into force; or
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(d) on a final determination under section
109 to vacate a decision to allow their claim
for refugee protection or a final
determination under subsection 114(3) to
vacate a decision to allow their application
for protection.
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Permanent
resident
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(2) A person who ceases to be a citizen
under paragraph 10(1)(a) of the Citizenship
Act, other than in the circumstances set out in
subsection 10(2) of that Act, becomes a
permanent resident.
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Temporary
resident
|
47. A foreign national loses temporary
resident status
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(a) at the end of the period for which they
are authorized to remain in Canada;
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(b) on a determination by an officer or the
Immigration Division that they have failed
to comply with any other requirement of
this Act; or
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(c) on cancellation of their temporary
resident permit.
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Enforcement of Removal Orders
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Enforceable
removal order
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48. (1) A removal order is enforceable if it
has come into force and is not stayed.
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Effect
|
(2) If a removal order is enforceable, the
foreign national against whom it was made
must leave Canada immediately and it must be
enforced as soon as is reasonably practicable.
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In force
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49. (1) A removal order comes into force on
the latest of the following dates:
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(a) the day the removal order is made, if
there is no right to appeal;
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(b) the day the appeal period expires, if
there is a right to appeal and no appeal is
made; and
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(c) the day of the final determination of the
appeal, if an appeal is made.
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In force -
claimants
|
(2) Despite subsection (1), a removal order
made with respect to a refugee protection
claimant is conditional and comes into force
on the latest of the following dates:
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(a) the day the claim is determined to be
ineligible only under paragraph 101(1)(e);
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