Regulation 23 — Documents for temporary residents
Text of provision
For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that
(a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and
(b) the non-accompanying family member is
(i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,
(ii) the common-law partner of the foreign national,
(iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or
(iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.
Plain English
Regulation 23 prescribes the form of documents to be issued to persons who are authorised to enter Canada as temporary residents: a visitor record is issued to persons authorised as visitors; a work permit is issued to persons authorised to work; and a study permit is issued to persons authorised to study.
Each document specifies the conditions on which the person is in Canada, the authorised period of stay, and any restrictions on activities.
Practical effect
The physical (or electronic) permit document is the evidence of what a temporary resident is and is not authorised to do. Conditions on the document are binding — for example, a work permit that specifies an employer and a work location restricts the holder to that employer and location. Violating the conditions of a permit constitutes a breach of status. In the case of electronic visas and permits (now common), the conditions are recorded in IRCC's electronic system and accessible through the CBSA system at ports of entry.