Resettlement: Legal references


This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

The following refers to legal instruments and information sources that are used to direct the delivery of the resettlement program in Canada.

On this page

Immigration, Refugee and Protection Act (IRPA) and Immigration, Refugee and Protection Regulations (IRPR)

The following tables refer to the legal references that provide the authority for carrying out processing steps for the resettlement program.

Identifying applicants for resettlement

Topic Reference(s)

Private sponsorship


Referral organization, government arrangement or agreement


Referral resulting from agreement with Government of Canada or arrangement with Minister

R140.3 (b) or (c)

Eligibility assessments (refugees for resettlement)

Topic Reference(s)

Located outside Canada

R139 (1) (a)

Submitted application to seek permanent residence in Canada

R139 (1) (b) and (c)

No other durable solution

R139 (1) (d)

Urgent need for protection


Meets refugee class

R139 (1) (e)

Person in need of protection


Convention Refugee Class

A96 (a)

Convention Refugee Class – outside each country of nationality or habitual residence

A96 (b)

Convention Refugee – exclusion from refugee protection


Country of Asylum Class

R146 (1)

Country of Asylum Class – outside all countries of nationality or habitual residence

R147 (a)

Sufficient financial support: Approved sponsor, covered by Resettlement Assistance Program (RAP) or self-supporting

R139 (1) (f)

Able to establish in Canada (unless resettling to Quebec)

R139 (1) (g) and

R139 (2)

Exempt from ability to establish if vulnerable or in urgent need of protection

R139 (g)

Quebec: Confirmation of selection for resettlement in Quebec

R139 (1) (h) and

A20 (2)

Obligation to be truthful and credible during eligibility assessment


Authority for officer to collect biometrics

A16 (2)

Obligation to appear for examination


Redetermination of eligibility

A104 (1)

Admissibility assessments (refugees for resettlement)

Topic Reference(s)

Danger to public health or danger to public safety

A38 (1) (a) or (b)

Exemption from excessive demand – resettlement applicants

A38 (2) (b)

Espionage or terrorism


Human or international rights violations


Organized crime


Serious criminality

A36 (1)

Exempt from misrepresentation – resettlement applicants

A40 (1) and R22

Non-compliance with the Act


Private sponsor assessments

Topic Reference(s)

Sponsor eligibility requirements

A13(1) and R156 (1)

Sponsor, or representative, resides in community of settlement

R153 (1) (a)

Sponsor application includes settlement plan, undertaking and refugee status determination (RSD)

R153 (1) (b)

Sponsor has financial capacity and made adequate arrangements

R154 (1) (a) and (b)

Sponsor not in default

R153 (1) (c)

Quebec: Sponsor requirements


Family member assessments

Topic Reference(s)

Family member definition

R1 (3)

Family members are member of same refugee class


One-year window of opportunity

R141 (1)

One-year window application meets selection criteria of province

R141 (1) (e)

Lock-in age for dependent child

R25.1 (1)

Lock-in age for dependent child selected for Quebec


Unaccompanied minor

R228 (4)

Final resettlement decision and protection status

Topic Reference(s)

Humanitarian and compassionate consideration

A25.1 (1)

Principle of non-refoulement

A115 (1)

Protected person status granted for applicant with temporary resident permit under urgent protection program

R151.1 (2) (a)

Conferral of refugee protection (after arrival)


Protected person (after arrival)

A95 (2)

Quebec: Issuing permanent residence visa


Receiving permanent residence in Canada (after arrival)

R72 (1)

Quebec: Receiving permanent residence in Canada (after arrival)

R72 (3)

Ministerial delegations and officer designations

IRCC and the Canada Border Services Agency (CBSA) have separate instruments that specify the delegations and designations for carrying out the Immigration and Refugee Protection Act and the Regulations.

Delegated persons are authorized to do anything that may be done by the Minister under the Act or Regulations. Delegations are associated to sections where the word “Minister” is found.

Designated persons are officers in specified positions and areas who are authorized to carry out specific provisions of the Act and Regulations. Designations are associated with sections where the word “officer” is found. IRCC and CBSA may grant designations to their own officers and those in other departments. Only the lowest authorized position is specified, as persons with direct or indirect supervisory responsibilities over the position have the same authority. 

For more information, consult Designation of Officers and Delegation of Authority (IL3)

Quebec immigration: Agreements and laws

International conventions and agreements




Torture, slavery and forced labour

Economic, civil and political rights

Humanitarian law

Organized crime

Ratification dates for the most important instruments: United Nations Treaty Collection – Multilateral Treaties Deposited with the Secretary-General.

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: