Immigration and Refugee Protection Regulations
Last verified: June 2026 · Source: justice.gc.ca
159 For the purposes of subsections 100(1) and (3) of the Act,
Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.
Each of these is its own section of the Regulations, numbered after section 159.
What that means
This rule defines a prior claim for the rule that bars a second refugee claim. A claim made in Canada counts, with one exception. Some claims are shut out under the safe third country rule. Such a claim does not count against you if the United States then refused you entry without ever hearing a claim there. Without this, some people would be locked out of both countries at once.
The law says
159.01 For the purposes of paragraph 101(1)(c) of the Act, prior claim means a claim for refugee protection that was made under section 99 of the Act, other than a claim that was determined to be ineligible to be referred to the Refugee Protection Division under paragraph 101(1)(e) of the Act if the foreign national who made that claim is subsequently seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there.
What that means
This is the list of terms for the Safe Third Country Agreement. The key one is family member, and it reaches a long way. It includes a spouse or partner, a legal guardian, a child and a parent. It also covers brothers and sisters, grandparents and grandchildren. Uncles, aunts, nephews and nieces count too. Most of the exceptions turn on that list. The rule also says the United States does not include its possessions and territories. Puerto Rico, Guam and the Virgin Islands are left out.
The law says
159.1 The following definitions apply in this section and sections 159.2 to 159.7. Agreement means the Agreement done at Washington, D.C. on December 5, 2002 between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, including any modifications or additions made in accordance with its terms. (Accord) claimant means a claimant referred to in paragraph 101(1)(e) of the Act. (demandeur) designated country means a country designated by section 159.3. (pays désigné) family member, in respect of a claimant, means their spouse or common-law partner, their legal guardian, and any of the following persons, namely, their child, father, mother, brother, sister, grandfather, grandmother, grandchild, uncle, aunt, nephew or niece. (membre de la famille) legal guardian, in respect of a claimant who has not attained the age of 18 years, means a person who has custody of the claimant or who is empowered to act on the claimant’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur légal) stateless person means a person who is not considered a national by any state under the operation of its law. (apatride) United States means the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States of America possession or territory. (États-Unis)
What that means
If you are stateless and came to Canada from the country where you used to live, the safe third country bar does not apply to you. Stateless means no country counts you as its citizen. The bar normally applies to claimants who arrive from a designated country (s.101(1)(e)). This rule lifts it when that country was the stateless person's former home.
The law says
159.2 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence.
What that means
This single line makes the Safe Third Country Agreement work. It names the United States as a country that respects the ban on returning people to persecution and to torture. Being turned back at a land border for coming through the United States rests on this designation.
The law says
159.3 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act.
What that means
The Safe Third Country rule turns away most refugee claims from people arriving from the United States. It does not reach every arrival point. It does not apply at harbour ports and ferry landings. Airports are generally exempt too. It does apply to someone who crosses the Canada-US land border away from an official crossing and claims within 14 days, unless a listed exception fits them. It also applies at an airport to someone passing through Canada under a US removal order.
The law says
(1)Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at
Exception — land border other than ports of entry
(1.1)Paragraph 101(1)(e) of the Act applies to a claimant who enters Canada at a location along the Canada – United States land border — including the waters along or across that border — that is not a port of entry and makes a claim for refugee protection less than 14 days after the day on which the claimant enters Canada unless the claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant.
In transit exception
(2)Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.
What that means
This is the list of exceptions to the safe third country bar. You are not turned back if you have a family member in Canada who is a citizen, a permanent resident or a protected person. The same holds if the family member's removal is stayed. It also holds for an adult family member with a live refugee claim, or one holding a work or study permit. The bar also does not apply to a child under 18 travelling without a parent or guardian, who has no parent or guardian in Canada or the United States. Holding a Canadian visa, permit or travel document exempts you too. So does being able to enter Canada without a visa when you would need one for the United States. The last exception is that the United States refused you entry without hearing a claim.
The law says
159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes that
What that means
Another exception covers the death penalty. The bar does not apply if you face a charge or conviction for an offence punishable by death, whether in the United States or any other country. Your claim is then heard here.
The law says
159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes that the claimant
What that means
The Safe Third Country rules can be switched off. The Minister can suspend them for up to three months by publicizing a notice in the media and on the department's website. The Minister can renew that suspension for up to three more months. The two governments together can suspend part of the agreement. Either one can end it on a stated date. Notices of renewal, partial suspension or termination must appear in the Canada Gazette at least seven days before they take effect.
The law says
(1)For the purposes of paragraph 101(1)(e) of the Act, the application of all or part of sections 159.1 to 159.6 and this section is discontinued, in accordance with subsections (2) to (6), if
Paragraph (1)(a) — notice of suspension of Agreement
(2)Subject to subsection (3), if a notice of suspension of the Agreement is publicized under paragraph (1)(a), sections 159.2 to 159.6 are rendered inoperative for a period of up to three months that shall be set out in the notice, which period shall begin on the day after the day on which the notice is publicized.
Paragraph (1)(b) — notice of renewal of suspension of Agreement
(3)If a notice of renewal of the suspension of the Agreement is published under paragraph (1)(b), sections 159.2 to 159.6 are rendered inoperative for the further period of up to three months set out in the notice.
Paragraph (1)(c) — suspension of part of Agreement
(4)If a notice of suspension of part of the Agreement is issued under paragraph (1)(c), those provisions of these Regulations relating to the application of the Agreement that are referred to in the notice are rendered inoperative for a period that shall be set out in the notice. All other provisions of these Regulations continue to apply.
Paragraph (1)(d) — termination of Agreement
(5)If a notice of termination of the Agreement is issued under paragraph (1)(d), sections 159.1 to 159.6 and this section cease to have effect on the day set out in the notice.
Publication requirement — Canada Gazette
(6)Any notice referred to in paragraph (1)(b), (c) or (d) shall be published in the Canada Gazette, Part I, not less than seven days before the day on which the renewal, suspension in part or termination provided for in the notice is effective.
What that means
Where you claimed sets the deadline. If you claim inside Canada away from a border crossing, your documents and information must reach the officer by the day your eligibility is decided. If you claim at a port of entry, you have 15 days after your claim is referred to get them to the Refugee Protection Division. The Division can extend that where fairness requires it.
The law says
(1)For the purpose of subsection 99(3.1) of the Act, a person who makes a claim for refugee protection inside Canada other than at a port of entry must provide an officer with the documents and information referred to in that subsection not later than the day on which the officer determines the eligibility of their claim under subsection 100(1) of the Act.
Time limit — provision of documents and information to Refugee Protection Division
(2)Subject to subsection (3), for the purpose of subsection 100(4) of the Act, a person who makes a claim for refugee protection inside Canada at a port of entry must provide the Refugee Protection Division with the documents and information referred to in subsection 100(4) not later than 15 days after the day on which the claim is referred to that Division.
Extension
(3)If the documents and information cannot be provided within the time limit set out in subsection (2), the Refugee Protection Division may, for reasons of fairness and natural justice, extend that time limit by the number of days that is necessary in the circumstances.
What that means
Your hearing date is set fast. If you come from a designated country of origin, it falls within 30 days of the referral for a claim made inside Canada. For a claim made at a port of entry, it is 45 days. Everyone else gets 60 days. A deadline that lands on a Saturday moves to the next working day. The hearing can run later where fairness, a pending investigation or operational limits require it.
The law says
(1)Subject to subsections (2) and (3), for the purpose of subsection 100(4.1) of the Act, the date fixed for the hearing before the Refugee Protection Division must be not later than
Exclusion
(2)If the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) ends on a Saturday, that time limit is extended to the next working day.
Exceptions
(3)If the hearing cannot be held within the time limit set out in subparagraph (1)(a)(i) or (ii) or paragraph (1)(b) for any of the following reasons, the hearing must be held as soon as feasible after that time limit:
What that means
You get two deadlines, both counted from the day you receive the written reasons. You have 15 days to file your appeal to the Refugee Appeal Division. You have 30 days to perfect it, which means putting in the complete record and argument. The Minister has the same two deadlines. The Division may extend either one by the days needed, where fairness and natural justice call for it.
The law says
(1)Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act,
Extension
(2)If the appeal cannot be filed within the time limit set out in paragraph 1)(a) or perfected within the time limit set out in paragraph (1)(b), the Refugee Appeal Division may, for reasons of fairness and natural justice, extend each of those time limits by the number of days that is necessary in the circumstances.
What that means
The Refugee Appeal Division has 90 days from the day your appeal is perfected to decide it. That target does not apply when the Division holds an oral hearing on the appeal. If 90 days proves impossible, the decision must come as soon as it can, which makes the deadline a target rather than a guarantee.
The law says
(1)Subject to subsection (2), for the purpose of subsection 110(3.1) of the Act, except when a hearing is held under subsection 110(6) of the Act, the time limit for the Refugee Appeal Division to make a decision on an appeal is 90 days after the day on which the appeal is perfected.
Exception
(2)If it is not possible for the Refugee Appeal Division to make a decision on an appeal within the time limit set out in subsection (1), the decision must be made as soon as feasible after that time limit.