The three days an officer has to decide whether a refugee claim can be referred are working days. Saturdays and holidays do not count, days that are not working days drop out of the calculation, and the clock starts on the day the claim is received. Small print with a large effect on when a claim is deemed referred.
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.
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)
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.
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.
159.4 (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at (a)subject to subsection (1.1), a location that is not a port of entry; (b)a port of entry that is a harbour port, including a ferry landing; or (c)subject to subsection (2), a port of entry that is an airport. (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. (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.
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 (a)a family member of the claimant is in Canada and is a Canadian citizen; (b)a family member of the claimant is in Canada and is(i)a protected person within the meaning of subsection 95(2) of the Act,(ii)a permanent resident under the Act, or(iii)a person in favour of whom a removal order has been stayed in accordance with section 233; (c)a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless(i)the claim has been withdrawn by the family member,(ii)the claim has been abandoned by the family member,(iii)the claim has been rejected, or(iv)any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection; (d)a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than(i)a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or(ii)a study permit that has become invalid as a result of the application of section 222; (e)the claimant is a person who(i)has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian,(ii)has neither a spouse nor a common-law partner, and(iii)has neither a mother or father nor a legal guardian in Canada or the United States; (f)the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,(i)a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,(ii)a temporary resident permit issued under subsection 24(1) of the Act,(iii)a travel document referred to in subsection 31(3) of the Act,(iv)refugee travel papers issued by the Minister, or(v)a temporary travel document referred to in section 151; (g)the claimant is a person(i)who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and(ii)who would, if the claimant were entering the United States, be required to hold a visa; or (h)the claimant is(i)a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or(ii)a permanent resident who has been ordered removed from the United States and is being returned to Canada.
159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes that the claimant (a)is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States; or (b)is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country. (c)[Repealed, SOR/2009-210, s. 1]
159.7 (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 (a)a notice of suspension of the Agreement setting out the period of suspension is publicized broadly in the various regions of Canada by the Minister via information media and on the website of the Department; (b)a notice of renewal of the suspension of the Agreement setting out the period of renewal of suspension is published in accordance with subsection (6); (c)a notice of suspension of a part of the Agreement is issued by the Government of Canada and the Government of the United States; or (d)a notice of termination of the Agreement is issued by the Government of Canada or the Government of the United States. (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. (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. (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. (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. (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.
159.8 (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. (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. (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.
159.9 (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 (a)in the case of a claimant referred to in subsection 111.1(2) of the Act,(i)30 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada other than at a port of entry, and(ii)45 days after the day on which the claim is referred to the Refugee Protection Division, if the claim is made inside Canada at a port of entry; and (b)in the case of any other claimant, 60 days after the day on which the claim is referred to the Refugee Protection Division, whether the claim is made inside Canada at a port of entry or inside Canada other than at a port of entry. (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. (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: (a)for reasons of fairness and natural justice; (b)because of a pending investigation or inquiry relating to any of sections 34 to 37 of the Act; or (c)because of operational limitations of the Refugee Protection Division.
159.91 (1) Subject to subsection (2), for the purpose of subsection 110(2.1) of the Act, (a)the time limit for a person or the Minister to file an appeal to the Refugee Appeal Division against a decision of the Refugee Protection Division is 15 days after the day on which the person or the Minister receives written reasons for the decision; and (b)the time limit for a person or the Minister to perfect such an appeal is 30 days after the day on which the person or the Minister receives written reasons for the decision. (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.
159.92 (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. (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.