Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2016-01-25 and last amended on 2015-07-01. Previous Versions

Marginal note:Convention Refugee Determination Division

 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

 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

 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

 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

 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

 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.

  • 2001, c. 27, s. 196;
  • 2015, c. 3, s. 117(F).
Marginal note:Stays

 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.

  • 2001, c. 27, s. 197;
  • 2015, c. 3, s. 117(F).
Marginal note:Refugee Protection Division

 The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

  • 2001, c. 27, s. 198;
  • 2002, c. 8, s. 194.
Marginal note:Redetermination

 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

 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

 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

Access to Information Act

 [Amendment]

Agricultural Marketing Programs Act

 [Amendment]

Animal Pedigree Act

 [Amendments]

Bank Act

 [Amendment]

Budget Implementation Act, 1998

 [Amendment]

Business Development Bank of Canada Act

 [Amendments]

Canada Business Corporations Act

 [Amendment]

Canada Customs and Revenue Agency Act

 [Amendment]

Canada Elections Act

 [Amendments]

Canada Labour Code

 [Amendment]

Canada Shipping Act

 [Amendments]

Canada Student Financial Assistance Act

 [Amendment]

Canada Student Loans Act

 [Amendment]

Canada Transportation Act

 [Amendments]

Canadian Security Intelligence Service Act

 [Amendments]

Chemical Weapons Convention Implementation Act

 [Amendment]

Citizenship Act

 [Amendments]

Comprehensive Nuclear Test-Ban Treaty Implementation Act

 [Amendment]

Cooperative Credit Associations Act

 [Amendment]

Copyright Act

 [Amendments]

Corrections and Conditional Release Act

 [Amendments]

Criminal Code

 [Amendment]

 [Repealed, 2004, c. 15, s. 110]

 [Amendments]

Emergencies Act

 [Amendments]

Extradition Act

 [Amendments]

Foreign Publishers Advertising Services Act

 [Amendments]

Income Tax Act

 [Amendment]

Insurance Companies Act

 [Amendment]

International Centre for Human Rights and Democratic Development Act

 [Amendments]

Investment Canada Act

 [Amendment]

Labour Adjustment Benefits Act

 [Amendment]

Mutual Legal Assistance in Criminal Matters Act

 [Amendments]

National Energy Board Act

 [Amendment]

Old Age Security Act

 [Amendments]

Pilotage Act

 [Amendment]

Privacy Act

 [Amendment]

Proceeds of Crime (Money Laundering) Act

 [Amendment]

Trade-marks Act

 [Amendment]

Trust and Loan Companies Act

 [Amendment]

Terminology

Marginal note:Terminology

 Unless the context requires otherwise, “Immigration Act” is replaced by “Immigration and Refugee Protection Act” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred by or under an Act of Parliament, or

    • (ii) by or under the authority of the Governor in Council.

Coordinating Amendments

 [Amendments]

Repeals

 [Repeals]

Coming Into Force

Marginal note:Order in council

 Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 1 and 4 in force December 6, 2001, see SI/2001-119; sections 2, 3, 5 to 72, 74 to 109, 112 to 170, 172 to 193, 196 to 244 and 246 to 274 in force June 28, 2002, see SI/2002-97; sections 73, 110, 111, 171, 194 and 195 in force December 15, 2012, see SI/2012-94.]

  • 2001, c. 27, s. 275;
  • 2010, c. 8, s. 31;
  • 2012, c. 17, s. 55.
 
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