Legal references related to Temporary Residents

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

The legislation that governs temporary residents is the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.

To learn about the specific sections of acts, regulations, and delegations, see:

Designation and Delegation of Authority

The Minister of Citizenship, Immigration and Multiculturalism has delegated powers and designated those officials authorized to carry out any purpose of any provisions legislative or regulatory in IL 3.

Temporary Residents – Visa and eTA-required

For information about: Refer to:
Application of family members R10(3)
Application outside Canada R11(2)
Biometric information and exemptions R12.1
Biometric requirement A11.1
Business visitors R187
Class R191
Conditions R193
Conditions imposed on members of a crew R184
Definitions R1(1) and R2
Documents – temporary residents R52
Dual intent A22(2)
End of examination R37
Enforced removal order R240(2)
eTA application before entering Canada A11(1.01)
eTA application by electronic system R12.04(1)
eTA application by other means R12.04(2)
eTA application information R12.04(4)
eTA cancellation R12.06
eTA exemptions R7.1(3)
eTA fee amount R294.1(1)
eTA fee exemption R294.1(2)
eTA fee payment R12.04(3)
eTA issued with Study or Work permit R12.04(5)
eTA not to be issued R25.2
eTA requirement R7.1
eTA validity R12.05
Examination by officer A18(1)
Exemptions from medical examination requirement R30
General conditions – temporary residents R183
Inadmissibility: Application of A36(1) and A36(2) A36(3), R17 and R18
Inadmissibility: Criminality A36(2)
Inadmissibility: Exception to health grounds A38(2)
Inadmissibility: Financial reasons A39
Inadmissibility: Health grounds – danger to public health or public safety, excessive demand A38(1)
Inadmissibility: Human or international rights violations A35
Inadmissibility: Inadmissible family member A42
Inadmissibility: Misrepresentation A40
Inadmissibility: Non-compliance with the Act A41
Inadmissibility: Organized criminality A37
Inadmissibility: Security A34
Inadmissibility: Serious criminality A36(1)
International agreements R204
Issuance of temporary resident visa R179
Loss of temporary resident status A47
Need for visa R7(1)
Objectives A3(1)(g)
Obligation – answer truthfully A16(1)
Obligation – on entry A20(1)(b)
Obligation – relevant evidence A16(2)
Obligation – temporary resident A29(2)
Place of application for visa R11(1)
Report on inadmissibility A44
Restoration of temporary resident status R182
Right of temporary residents A29(1)
Specific conditions R185
Temporary resident A22(1)
Transit A18(2)
Visa application before entering Canada A11(1)
Visa exemption – documents R190(2)
Visa exemption – nationality R190(1)
Visa exemption – purpose of entry R190(3)
Visitor R192
Working without a permit R186

Temporary Resident Permits

For information about: Refer to:
Temporary resident permit A24(1)
Exception A24(2)
Officer must act in accordance with instructions made by the Minister A24(3)
Rights and obligations of temporary resident permit holders A29(1) and A29(2)
Prescribed class deemed rehabilitated R18
Organized criminality A37
Health grounds: danger to public health or public safety, excessive demand A38(1)
Exception to health grounds A38(2)
Financial reasons A39
Misrepresentation A40
Non-compliance with the Act A41
Inadmissible family member A42
Loss of status A47
Annual report to Parliament A94 and A94(2)(d)
Exception to temporary resident visa before entry R7(2)(b)
Restoration of temporary resident status R182
Validity of temporary resident permit R63
Permit holder class R64
Application for work permit after entering Canada R199(d) and R206
Application for study permit after entering Canada R215(1)(e) and R215(2)(c)
Removal order:
Made by Minister in certain circumstances.
Made by Immigration Division following an admissibility hearing in certain circumstances
A44(2), R240(1)
A45(d)
Annual report to Parliament A94 and A94(2)(d)

Temporary Foreign Workers

For information about: Refer to:
Immigration objectives A3(1)(g)(h)(j)
Need for authorization to work A30(1)
Issuance of temporary resident visa R179
Worker class R194
Worker R195
Work permit required R196
Application before entry R197
Application on entry R198
Application after entry R199
Issuance of work permits R200
Application for renewal R201
Temporary resident status R202
Economic effect R203
Canadian interests R205
No other means of support R206
Applicants in Canada R207
Humanitarian reasons R208
When a work permit becomes invalid R209
Contravention of Act – employing foreign national not authorized to work A124(1)(c)
Contravention of Act – due diligence must be exercised by employer A124(2)

Employer Compliance

For information about

Refer to

Description of authority

Certified debt

A146(1) of Immigration and Refugee Protection Act

Provides that the Minister of Immigration, Refugees and Citizenship Canada may certify any debt under the Act, including administrative monetary penalties imposed by Immigration, Refugees and Citizenship Canada.

Certified debt treated as judgment

A146(2) of Immigration and Refugee Protection Act

Provides that, once certified, a debt may be filed and registered in court where it will be treated as a judgement of the court for the purpose of recovery. Recovery may be a writ ordering the seizure of assets, or other legal remedy.

Garnishment

A147(1) of Immigration and Refugee Protection Act

Refer to the Act

Deduction and set-off

A155(1) of the Financial Administrative Act

Sets out the legislative authority for the Minister to authorize the retention of funds equal to the amount of an administrative monetary penalty they imposed on an employer, by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in Right of Canada to that employer or the estate of that employer, with the consent of the appropriate Minister under whose responsibility the payment of the sum of money due or payable would be made.

Calculation of interest and amount owed

R5(1) of the Interest and Administrative Charges Regulations

Sets out the regulatory authority to calculate the interest and amount owed to the Crown during the period beginning on the due date.

Waive or reduce interest

R9 and R12 of the Interest and Administrative Charges Regulations

Sets out the regulatory authority for the Minister to waive or reduce interest under specified circumstances.

Debt write-off

R4 of the Debt Write-off Regulations

Sets out the regulatory authority for the Minister to write off from the accounts of the department a debt, or a part of a debt, that has been determined to be uncollectible.

If an employer is in default, an officer shall not issue a work permit

R200(3)(h) of the Immigration and Refugee Protection Regulations

Sets out the regulatory authority governing when an officer shall not issue a work permit to a foreign national, including when the foreign national intends to work for an employer who is in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount.

Period to pay the penalty or to enter into an agreement

R209.996(4)(e) and (f) of the Immigration and Refugee Protection Regulations

Stipulates that an administrative monetary penalty must be paid within 30 days after the day on which the notification of final determination is received by the employer, unless a payment agreement for the payment of that amount and interest has been reached within that same period, and that the notification of final determination is to indicate how the administrative monetary penalty is to be paid.

When the Notification of Final Determination is deemed received

R209.996(6) of the Immigration and Refugee Protection Regulations

Sets out the regulatory authority stating a Notification of Final Determination is deemed to have been received 10 days after the day on which it is sent.

Students

For information about: Refer to:
Requirement for a study permit A11, R9
Need for authorization to study A30(1)
Minor children A30(2)
Regulations providing for any matter relating to A27 to A31 A32
Study without a permit – family members or members of the private staff of accredited foreign representatives R188(1)(a)
Study without a permit – members of armed forces as designated by the Visiting Forces Act R188(1)(b)
Study without a permit – short-term courses R188(1)(c)
Study without a permit – expired study permits R189
Student class R210
Student R211
Study permit required R212
Application before entry R213
Application upon entry R214
Application after entry R215(1)
Application after entry – family members R215(2)
Issuance of study permits R216
Study in Quebec R216(3)
Application for renewal R217
Acceptance letter R219(1)
Acceptance letter – Exception R219(2)
Financial resources R220
Validity and expiry of study permits R222
Failure to comply with conditions R221

Live-in Caregivers

For information about: Refer to:
Live-in caregiver class R110 and R113
Processing R111
Work permits: requirements R111 and R112
Permanent residence R113
Family members: requirements R114
Authorization for application for permanent residence in Canada R72
Medical examination requirements for live-in caregivers in Canada R30(2.1)
Application in Canada for work permit R207
Conformity: applicable times R115

Temporary Resident Extensions

For information about: Refer to:
Medical examination required R30
Documents required R52
Authorization to enter Canada, TRV holders R180
Application for extension of authorization to remain in Canada as a temporary resident R181
Date Modified: