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Last verified: June 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 20 Transitional ProvisionsDIVISION 3 Enforcement
r.326

Danger to the public

🍁 In Simple Terms

This deals with claims caught mid-process by a danger-to-the-public opinion under the old Act. A refugee claim by such a person, where no officer had decided it yet, becomes a claim by someone the current Act treats as inadmissible with a danger opinion attached. People who had lost their appeal rights under the old danger provisions lost them under the current equivalent too, and people whose removal the old Act had already allowed despite protection fall under the current exception to that protection.

Affects: Foreign nationals and permanent residents in Canada
Legal Text: IRPR Regulation 326

(1)A claim to be a Convention refugee made by a person described in subparagraph 19(1)(c.1)(i) of the former Act in respect of whom the Minister was of the opinion under subparagraph 46.01(1)(e)(i) of the former Act that the person constitutes a danger to the public in Canada is deemed, if no determination was made by a senior immigration officer under section 45 of the former Act, to be a claim for refugee protection made by a person described in paragraph 101(2)(b) of the Immigration and Refugee Protection Act who is inadmissible and in respect of whom the Minister is of the opinion that the person is a danger to the public.

Appeals

(2)A person in respect of whom subsection 70(5) or paragraph 77(3.01)(b) of the former Act applied on the coming into force of this section is a person in respect of whom subsection 64(1) of the Immigration and Refugee Protection Act applies.

Cross-References
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