Part 9. Division 5.
Visa exemption — nationality
190. (1) A foreign national is exempt from the requirement to obtain a temporary resident visa if they
(a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Republic of Korea, Latvia, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, St. Kitts and Nevis, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden or Switzerland;
(b) are
(i) a British citizen,
(ii) a British overseas citizen who is re-admissible to the United Kingdom, or
(iii) a citizen of a British overseas territory who derives that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands; or
(c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.
Marginal note: Visa exemption — documents
(2) A foreign national is exempt from the requirement to obtain a temporary resident visa if they
(a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies, or of any international organization of which Canada is a member;
(b) hold a passport or travel document issued by the Holy See;
(c) hold a national Israeli passport;
(d) hold a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China;
(e) hold a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
(e.1) hold a passport issued by the United Kingdom to a British Subject which contains the observation that the holder has the right of abode in the United Kingdom; or
(f) hold an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual.
Visa exemption — nationality and documents
(2.1) A foreign national who is a citizen of Lithuania or Poland is exempt from the requirement to obtain a temporary resident visa if they hold a machine readable passport that contains a contactless integrated circuit chip and that is issued by Lithuania or Poland, as the case may be.
Visa exemption — purpose of entry
(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely
(a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,
(i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or
(ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;
(b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and
(i) they are in possession of a visa to enter the United States and their flight is bound for that country, or
(ii) they were lawfully admitted to the United States and their flight originated in that country;
(c) to transit through Canada as a passenger on a flight if the foreign national
(i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,
(ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and
(iii) is in possession of any visa required to enter the country of destination;
(d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;
(e) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States;
(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they
(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;
(g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or
(h) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.
Visa exemption — crew member
(3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel is exempt from the requirement to obtain a temporary resident visa if they are seeking
(a) to enter Canada as a member of the crew of the vessel; and
(b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.
