Regulation 47 — General requirements

(1) A person who pays a deposit or posts a guarantee

(a) must not have signed or co-signed another guarantee that is in default; and

(b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted.

(2) A person who posts a guarantee must

(a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;

(b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and

(c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.

(3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee.

(4) An officer, the Immigration Division or the Minister must consider the following factors in assessing whether the person who posts a guarantee has the ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed:

(a) their relationship to the person or group of persons in respect of whom the guarantee is required;

(b) their financial situation;

(c) any previous history posting a guarantee;

(d) their criminal record; and

(e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed.