Regulation 1 — Interpretation
Text of provision
(1) The definitions in this subsection apply in the Act and in these Regulations.
common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)
excessive demand means
(a) a demand on health services or social services for which the anticipated costs exceed triple the average Canadian per capita health services and social services costs over a period of five consecutive years following the most recent medical examination required under paragraph 16(2)(b) of the Act; or
(b) a demand on health services or social services that would add to existing waiting lists and would increase morbidity or the mortality rate in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents. (fardeau excessif)
health services means any health services – including the provision of devices related to the services, laboratory services and the supply of pharmaceuticals – for which more than half of the funds are contributed by governments, either directly or through publicly funded agencies. (services de santé)
social services means residential or institutional care, including the provision of devices related to the care, that is recommended by a health professional and for which more than half of the funds are contributed by governments, either directly or through publicly funded agencies. (services sociaux)
student[Repealed, SOR/2014-14, s. 1]
studies[Repealed, SOR/2014-14, s. 1]
study permit[Repealed, SOR/2014-14, s. 1]
(2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.
(3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than paragraph 7.1(3)(a) and sections 159.1 and 159.5, family member in respect of a person means
(a) the spouse or common-law partner of the person;
(b) a dependent child of the person or of the person’s spouse or common-law partner; and
(c) a dependent child of a dependent child referred to in paragraph (b).
Plain English
Regulation 1 defines the key terms used throughout the IRPR. These definitions are binding — wherever a defined term appears in the Regulations, it carries the meaning given here unless a specific provision otherwise provides.
Critical definitions include: common-law partner (a person cohabiting in a conjugal relationship for at least one year); dependent child (under 22 and not a spouse or common-law partner, or full-time students of any age); sponsor (a Canadian citizen or permanent resident who undertakes to support a family class member); and protected person (as defined in IRPA).
Practical effect
Understanding IRPR definitions is essential for immigration practice because eligibility for most programs depends on relationships and statuses defined here. The definition of "dependent child" — under 22, not a spouse/common-law partner — was changed in 2014 (from under 19 or under 22 if full-time student). Applicants must use the definition in force at the time of the application lock-in date. The "common-law partner" definition requires one year of continuous cohabitation, strictly interpreted by IRCC.