Immigration and Refugee Protection Regulations-Regulations Amending

 
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Vol. 138, No. 16 — August 11, 2004

RegistrationSOR/2004-167 22 July, 2004

IMMIGRATION AND REFUGEE PROTECTION ACT FINANCIAL ADMINISTRATION ACT

Regulations Amending the Immigration and Refugee Protection RegulationsP.C. 2004-882 22 July, 2004

Whereas, pursuant to subsection 5(2) of the Immigration and Refugee Protection Act , the Minister of Citizenship and Immigration caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the form set out in the annexed Regulations, to be laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, the Solicitor General of Canada and the Treasury Board, pursuant to subsection 5(1) of the Immigration and Refugee Protection Act and paragraphs 19(1)(a) and 19.1(a) of the Financial Administration Act and, considering that it is in the public interest to do so, subsection 23(2.1) of that Act, hereby makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

 REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS  AMENDMENTS  1. (1) Subparagraph (c)(ii) of the definition "minimum necessary income" in section 2 of the Immigration and Refugee Protection Regulations is replaced by the following: (ii) in respect of whom the sponsor's spouse or common-law partner has given or co-signed an undertaking that is still in effect, if the sponsor's spouse or common-law partner has co-signed with the sponsor the undertaking in respect of the foreign national referred to in paragraph (b). (2) The portion of paragraph (c) of the definition "revenu vital minimum" in section 2 of the French version of the Regulations before subparagraph (i) is replaced by the following:c) toute autre personne — et les membres de sa famille — visée par : 2. Subparagraphs 3(1)(b)(iii) and (iv) of the Regulations are replaced by the following:(iii) they have been hospitalized and have failed to return to the means of transportation or leave Canada after leaving the hospital, or(iv) they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties. 3. Section 4 of the English version of the Regulations is replaced by the following:Bad faith4. For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, a conjugal partner or an adopted child of a person if the marriage, common-law partnership, conjugal partnership or adoption is not genuine and was entered into primarily for the purpose of acquiring any status or privilege under the Act. 4. The Regulations are amended by adding the following after section 4:New relationship4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act. 5. (1) Paragraph 10(2)(c) of the Regulations is replaced by the following:(c) indicate the class prescribed by these Regulations for which the application is made; and (2) Subsection 10(5) of the French version of the Regulations is replaced by the following:Demandes multiples(5) Le répondant qui a déposé une demande de parrainage à l'égard d'une personne ne peut déposer de nouvelle demande concernant celle-ci tant qu'il n'a pas été statué en dernier ressort sur la demande initiale. 6. (1) The portion of subsection 11(2) of the Regulations before paragraph (a) is replaced by the following:Place of application for temporary resident visa, work permit or study permit(2) An application for a temporary resident visa — or an application for a work permit or study permit that under these Regulations must be made outside of Canada — must be made to an immigration office that serves as an immigration office for processing the type of application made and that serves, for the purpose of the application, (2) Subsection 11(3) of the Regulations is replaced by the following:Applications to remain in Canada as permanent residents(3) An application to remain in Canada as a permanent resident as a member of one of the classes referred to in section 65 or subsection 72(2), and an application to remain in Canada referred to in subsection 175(1), must be made to the Department's Case Processing Centre in Canada that serves the applicant's place of habitual residence. 7. Paragraphs 18(2)(a) to (c) of the Regulations are replaced by the following:(a) persons who have been convicted outside Canada of no more than one offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely, (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years, (ii) at least 10 years have elapsed since the day after the completion of the imposed sentence, (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament, (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act, (v) the person has not within the last 10 years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act, (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and(vii) the person has not committed an act described in paragraph 36(2)(c) of the Act; (b) persons convicted outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if all of the following conditions apply, namely, (i) at least five years have elapsed since the day after the completion of the imposed sentences,(ii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,(iii) the person has not within the last five years been convicted in Canada of an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,(iv) the person has not within the last five years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,(v) the person has not before the last five years been convicted in Canada of more than one summary conviction offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act, (vi) the person has not been convicted of an offence referred to in paragraph 36(2)(b) of the Act that, if committed in Canada, would constitute an indictable offence, and (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act; and  (c) persons who have committed no more than one 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, if all of the following conditions apply, namely, (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years, (ii) at least 10 years have elapsed since the day after the commission of the offence, (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament, (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act, (v) the person has not within the last 10 years been convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act, (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and(vii) the person has not been convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament. 8. The Regulations are amended by adding the following after section 18:Prescribed class18.1 (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of...

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