Section 26 — Prescribed documents — temporary residents
Text of provision
(1) The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting
(a) entering, remaining in and re-entering Canada;
(b) permanent resident status or temporary resident status, including acquisition of that status;
(b.1) declarations referred to in subsection 22.1(1);
(c) the circumstances in which all or part of the considerations referred to in section 24 may be taken into account;
(d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals;
(d.1) undertakings that may or must be given in respect of requests made under subsection 25(1) or undertakings referred to in subsection 25.2(4), and penalties for failure to comply with undertakings;
(d.2) the determination of eligibility referred to in subsection 25.2(4); and
(e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.
(2) The regulations may exempt persons or categories of persons from the application of section 18 and prescribe the conditions under which the exemption applies.
Plain English
Section 26 requires every person who claims to have the status of temporary resident to establish that status by holding and producing on request the documents prescribed by the Regulations. The specific document requirements are set out in the IRPR.
The section also authorises the Regulations to prescribe when documents may be issued, renewed, or extended, and the conditions under which they remain valid.
Practical effect
In practice, temporary residents must carry their valid temporary resident status documents when in Canada and produce them on request by a CBSA or IRCC officer. A person who has maintained legal status but whose physical documents have expired (e.g., expired study permit) may still be in lawful status, but may face challenges demonstrating that status without current documents. Officers may require production of documents as part of an examination.