PART 5: PERMANENT RESIDENTS

53. (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is

(a) provided by the Department to a person who has become a permanent resident under the Act; or

(b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.

(2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department's request.

54. (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.

(2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident

(c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or

(d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

55. A permanent resident card shall only be provided or issued in Canada.

56. (1) In this section, “guarantor” means a Canadian citizen who is chosen by an applicant, resides in Canada, has known the applicant for at least two years and is

(b) a judge, a magistrate or a police officer serving in the Royal Canadian Mounted Police or a provincial or municipal police force;

(e) a minister of religion authorized under the laws of a province to perform marriages;

(k) an accountant who is a member in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province;

(m) a senior administrator in a community college, including a CEGEP in the province of Quebec;

(2) An application for a permanent resident card must be made in Canada and include

(iii) the date on which and the place where the applicant became a permanent resident,

(v) the addresses of all of the applicant's places of residence during the previous five years,

(vi) the names and addresses of the applicant's employers and educational institutions attended, during the previous five years,

(vii) the periods during the previous five years that the applicant was absent from Canada,

(ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and

(x) whether the applicant has lost their permanent resident status or has been issued a removal order;

(b) subject to subsection (3), a declaration on the application form that is signed by the guarantor and states that

(iii) to the best of their knowledge and belief, the information on the form is true and accurate;

(i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,

(ii) a certificate of identity issued in Canada to the applicant by the Minister of Foreign Affairs, or

(iii) refugee travel papers issued in Canada to the applicant by the Minister of Foreign Affairs;

(iv) a student card held by the applicant and issued by a provincially accredited college or university, or

(v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant's income tax return; and

(iv) show a full front view of the applicant's head and shoulders and have a white background,

(v) have a view of the applicant's head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,

(vi) show the applicant's face unobscured by sunglasses or any other object, and

(3) An applicant who is unable to provide a guarantor's declaration must include a statutory declaration in which the applicant states that they are unable to provide a guarantor's declaration and gives the reasons for being unable to do so.

57. (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.

(2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless

(a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or

(b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.

(3) The application of a child who is less than 14 years of age must be signed by one of their parents unless

(a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or

(b) the parents are deceased, in which case the person legally responsible for the child must sign the application.

58. (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after their entry into Canada, their address in Canada and, on the request of an officer,

(a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and

(b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless

(i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or

(ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.

(2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.

(3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.

(4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

59. (1) An officer shall, on application, issue a new permanent resident card if

(a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;

(b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;

(d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.

(2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

60. A permanent resident card is revoked if

(a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;

61. (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

(a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

(b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

(i) that is capable of generating revenue and is carried on in anticipation of profit, and

(ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

(2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

(3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression “employed on a full-time basis by a Canadian business or in the public service of Canada or of a province” means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to

(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

(5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, a child means a child of a parent referred to in those subparagraphs, who is not and has never been a spouse or common-law partner and is less than 22 years of age.

62. (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

(a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

(b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

(2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

63. A temporary resident permit is valid until any one of the following events occurs:

(b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

64. The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

65. A foreign national is a permit holder and a member of the permit holder class if

(a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

(B) are inadmissible under paragraph 42(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

(C) are inadmissible under paragraph 42(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

(II) under paragraph 42(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

(ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

(d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

65.1 (1) A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

(a) they have applied to remain in Canada as a permanent resident as a member of that class;

(i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

(ii) a medical certificate, based on the most recent medical examination to which they were required to submit under these Regulations within the previous 12 months, that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and

(e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

(2) For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

(3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

(b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

(ii) no determination has been made that the person ceased to be a Convention refugee; and

(c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

(4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

66. A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa.

67. If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and

(a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

68. If an exemption from paragraphs 72(1)(a), (c) and (d) is granted under subsection 25(1) of the Act with respect to a foreign national in Canada who has made the applications referred to in section 66, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements set out in paragraphs 72(1)(b) and (e) and

(a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

69. (1) A foreign national who is an accompanying family member of a foreign national to whom a permanent resident visa is issued under section 67 shall be issued a permanent resident visa if, following an examination, it is established that

(b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

(2) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under section 68 shall become a permanent resident if the accompanying family member is in Canada and, following an examination, it is established that

70. (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

(a) the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);

(d) the foreign national meets the selection criteria and other requirements applicable to that class; and

(e) the foreign national and their family members, whether accompanying or not, are not inadmissible.

(b) the economic class, consisting of the federal skilled worker class, the transitional federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the investor class, the entrepreneur class, the self-employed persons class, the transitional federal investor class, the transitional federal entrepreneur class and the transitional federal self-employed persons class; and

(3) For the purposes of paragraph (1)(d), the selection criterion for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with the provincial selection criteria.

(4) A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa shall be issued a permanent resident visa if, following an examination, it is established that

(b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the family member complies with the provincial selection criteria.

(5) If a permanent resident visa is not issued to a child as an accompanying family member of a foreign national or the foreign national's spouse or common-law partner, a permanent resident visa shall not be issued to a child of that child as an accompanying family member of the foreign national.

71. An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that

(a) the foreign national has applied for a permanent resident visa in accordance with these Regulations, other than paragraph 10(2)(c);

(b) the foreign national may not be issued a permanent resident visa under subsection 176(2) and is not a member of any class of persons prescribed by these Regulations who may become permanent residents or be issued permanent resident visas;

(c) the foreign national is named in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, as amended from time to time, is a foreign national in a particularly distressful situation; and

(d) the foreign national and their family members, whether accompanying or not, are not inadmissible.

72. (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that

(a) they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2);

(d) they meet the selection criteria and other requirements applicable to that class;

(e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,

(i) they and their family members, whether accompanying or not, are not inadmissible,

(iii) they hold a medical certificate, based on the most recent medical examination to which they were required to submit under these Regulations within the previous 12 months, that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and

(f) in the case of a member of the protected temporary residents class, they are not inadmissible.

(3) For the purposes of paragraph (1)(d), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident, and who is not a member of the family class or a person whom the Board has determined to be a Convention refugee, is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

(4) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under this section shall be issued a permanent resident visa or become a permanent resident, as the case may be, if following an examination it is established that

(b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.