Legal references related to Temporary Residents
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 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 |
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 |
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 |
Refer to the Act |
|
Deduction and set-off |
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 |
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 |
Report a problem or mistake on this page
- Date modified: