Immigration and Refugee Protection Act (S.C. 2001, c. 27)
Full Document:
Assented to 2001-11-01
Marginal note:Powers
189. Sections 94.6, 102.001 to 102.003 and 107.1 of the former Act are, despite paragraph 274(a), deemed not to be repealed and the Minister may exercise any of the powers described in those sections with respect to any business or fund that was approved by the Minister before the coming into force of paragraph 274(a).
Marginal note:Application of this Act
190. Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.
Marginal note:Convention Refugee Determination Division
191. Every application, proceeding or matter before the Convention Refugee Determination Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division of the Board.
Marginal note:Immigration Appeal Division
192. If a notice of appeal has been filed with the Immigration Appeal Division immediately before the coming into force of this section, the appeal shall be continued under the former Act by the Immigration Appeal Division of the Board.
Marginal note:Continuation by Immigration Division
193. Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board.
Marginal note:Refugee Protection Division
194. In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 110.
Marginal note:Convention Refugee Determination Division
195. A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.
Marginal note:Appeals
196. Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made because of section 64 of this Act.
Marginal note:Stays
197. Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection 68(4) of this Act.
Marginal note:Refugee Protection Division
198. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.
Marginal note:Redetermination
199. Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.
Marginal note:Exclusion
200. Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.
Marginal note:Regulations
201. The regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of persons who will be subject in whole or in part to this Act or the former Act and measures regarding financial and enforcement matters.
Consequential and Related Amendments
R.S., c. A-1Access to Information Act
202. Paragraph 4(1)(b) of the Access to Information Act is replaced by the following:
(b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,
1997, c. 20Agricultural Marketing Programs Act
203. The portion of the definition “producer” in subsection 2(1) of the Agricultural Marketing Programs Act after paragraph (d) is replaced by the following:
For the purposes of Parts I and IV, “producer” includes a person or entity mentioned in any of paragraphs (a) to (d) that is entitled to a crop or a share in it as landlord, vendor, mortgagee or hypothecary creditor on a date specified for the purposes of this definition in an advance guarantee agreement. In this definition, “permanent resident” has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.
R.S., c. 8 (4th Supp.)Animal Pedigree Act
204. Subsection 7(2) of the Animal Pedigree Act is replaced by the following:
Marginal note:Qualifications of applicants
(2) A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
205. Subsection 40(2) of the Act is replaced by the following:
Marginal note:Eligibility
(2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may be a director of the Corporation.
1991, c. 46Bank Act
206. Paragraph (c) of the definition “resident Canadian” in section 2 of the Bank Act is replaced by the following:
(c) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;
1998, c. 21Budget Implementation Act, 1998
207. Paragraph 27(1)(a) of the Budget Implementation Act, 1998 is replaced by the following:
(a) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
1995, c. 28Business Development Bank of Canada Act
208. (1) Paragraph 6(6)(a) of the Business Development Bank of Canada Act is replaced by the following:
(a) neither a Canadian citizen nor a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
(2) Paragraph 6(6)(c) of the Act is replaced by the following:
(c) a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, who has been ordinarily resident in Canada for more than one year after first becoming eligible to apply for Canadian citizenship;
R.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act
209. Paragraph (c) of the definition “resident Canadian” in subsection 2(1) of the Canada Business Corporations Act is replaced by the following:
(c) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which he or she first became eligible to apply for Canadian citizenship;
1999, c. 17Canada Customs and Revenue Agency Act
210. Paragraph 16(2)(a) of the Canada Customs and Revenue Agency Act is replaced by the following:
(a) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
2000, c. 9Canada Elections Act
211. Paragraph 331(b) of the Canada Elections Act is replaced by the following:
(b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
212. Paragraph 354(2)(d) of the Act is replaced by the following:
(d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
213. Paragraph 358(a) of the Act is replaced by the following:
(a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
- Date modified: