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

Act current to 2017-07-03 and last amended on 2017-06-22. Previous Versions

Marginal note:Expression of interest — processing
  •  (1) In processing an expression of interest, the Minister

    • (a) is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and

    • (b) subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l).

  • Marginal note:Limitation

    (2) A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j).

  • Marginal note:Electronic system

    (3) The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b).

  • Marginal note:Compliance with instructions

    (4) An expression of interest must be processed in compliance with any applicable instruction.

  • Marginal note:Cancellation of invitation

    (5) The Minister may cancel an invitation to make an application if the invitation was issued in error.

  • 2013, c. 40, s. 290;
  • 2014, 20, s. 306.
Marginal note:Instructions
  •  (1) The Minister may give instructions governing any matter relating to the application of this Division, including instructions respecting

    • (a) the classes in respect of which subsection 10.1(1) applies;

    • (b) the electronic system referred to in subsections 10.1(3) and 10.2(3);

    • (c) the submission and processing of an expression of interest, including by means of the electronic system;

    • (d) the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;

    • (e) the criteria that a foreign national must meet to be eligible to be invited to make an application;

    • (f) the period during which a foreign national remains eligible to be invited to make an application;

    • (g) the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;

    • (h) the basis on which an eligible foreign national may be ranked relative to other eligible foreign nationals;

    • (i) the rank an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

    • (j) the number of invitations that may be issued within a specified period, including in respect of a class referred to in an instruction given under paragraph (a);

    • (k) the period within which an application must be made once an invitation has been issued;

    • (l) the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application; and

    • (m) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national.

  • Marginal note:Clarification

    (2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a class be zero.

  • Marginal note:Application of instructions

    (3) An instruction given under any of paragraphs (1)(a), (b) and (e) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

  • Marginal note:Publication

    (4) Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.

  • Marginal note:Criteria provided for under other Divisions

    (5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.

  • 2013, c. 40, s. 290;
  • 2014, c. 20, s. 306;
  • 2017, c. 20, s. 301.
Marginal note:Disclosure of information

 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose to an entity that is referred to in an instruction given under paragraph 10.3(1)(g) the personal information referred to in that instruction that is

  • (a) provided to the Minister by the foreign national under section 10.1 or by a third party for the purposes of section 10.1 or 10.2; or

  • (b) created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3.

  • 2013, c. 40, s. 290;
  • 2017, c. 20, s. 302.

DIVISION 1Requirements and Selection

Requirements

Marginal note:Application before entering Canada
  •  (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

  • Marginal note:Electronic travel authorization

    (1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by the system or by an officer and, if the system or officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the system or officer.

  • Marginal note:Restriction

    (1.1) A designated foreign national may not make an application for permanent residence under subsection (1)

    • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

    • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

    • (c) in any other case, until five years after the day on which they become a designated foreign national.

  • Marginal note:Suspension of application

    (1.2) The processing of an application for permanent residence under subsection (1) of a foreign national who, after the application is made, becomes a designated foreign national is suspended

    • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

    • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

    • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

  • Marginal note:Refusal to consider application

    (1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) if

    • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

    • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.1) or (1.2).

  • Marginal note:If sponsor does not meet requirements

    (2) The officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act.

  • 2001, c. 27, s. 11;
  • 2008, c. 28, s. 116;
  • 2012, c. 17, s. 5, c. 31, s. 308.
 
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