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

Act current to 2016-02-03 and last amended on 2015-07-01. Previous Versions

Undertakings

Marginal note:Undertaking binding

 An undertaking given under this Act in respect of a foreign national — including a sponsorship undertaking — is binding on the person who gives it.

  • 2012, c. 17, s. 8.
Marginal note:Undertaking required
  •  (1) If required to do so by the regulations, a foreign national who makes an application for a visa or for permanent or temporary resident status must obtain the undertaking specified in the regulations.

  • Marginal note:Minister’s instructions

    (2) An officer must apply the regulations made under paragraph 14(2)(e.1) in accordance with any instructions that the Minister may give.

  • 2012, c. 17, s. 8.

Regulations

Marginal note:Regulations
  •  (1) The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division.

  • Marginal note:Regulations

    (2) The regulations may prescribe, and govern any matter relating to, classes of permanent residents or foreign nationals, including the classes referred to in section 12, and may include provisions respecting

    • (a) selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating all or some of those criteria and the circumstances in which an officer may substitute for those criteria their evaluation of the likelihood of a foreign national’s ability to become economically established in Canada;

    • (b) applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their family members;

    • (c) the number of applications that may be processed or approved in a year, the number of visas and other documents that may be issued in a year, and the measures to be taken when that number is exceeded;

    • (d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals;

    • (e) sponsorships;

    • (e.1) undertakings, and penalties for failure to comply with undertakings;

    • (f) deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister;

    • (f.1) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with undertakings; and

    • (g) 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 or sponsor.

  • Marginal note:Electronic travel authorization

    (3) For the purposes of subsection 11(1.01), the regulations may include provisions respecting the circumstances in which an application may be made by other means and respecting those other means.

  • Marginal note:Biometric information

    (4) The regulations may provide for any matter relating to the application of section 11.1, including

    • (a) the circumstances in which a foreign national is exempt from the requirement to follow the procedures prescribed under that section;

    • (b) the circumstances in which a foreign national is not required to provide certain biometric information; and

    • (c) the processing of the collected biometric information, including creating biometric templates or converting the information into digital biometric formats.

  • Marginal note:Applications to be made electronically

    (5) The regulations may require foreign nationals who make an application for a visa or other document under subsection 11(1) and foreign nationals who were issued an invitation under Division 0.1 to apply for permanent residence to make those applications by means of an electronic system and may include provisions respecting that system, respecting the circumstances in which those applications may be made by other means and respecting those other means.

  • 2001, c. 27, s. 14;
  • 2012, c. 17, s. 9, c. 31, ss. 309, 313;
  • 2013, c. 16, s. 4;
  • 2014, c. 20, s. 301.

Minister’s Instructions

Marginal note:Economic immigration
  •  (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.

  • Marginal note:Limitation

    (2) Despite any instruction given by the Minister under paragraph 87.3(3)(c), no more than 2,750 applications in a class established under subsection (1) may be processed in any year.

  • Marginal note:Application of regulations

    (3) Subject to subsection (4), regulations that apply to all classes prescribed under subsection 14(2) that are part of the economic class referred to in subsection 12(2) apply to a class established under subsection (1).

  • Marginal note:Exception

    (4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1).

  • Marginal note:Non-application of regulations

    (5) For greater certainty, regulations that apply to only one class prescribed under subsection 14(2) that is part of the economic class referred to in subsection 12(2) — or to only certain classes that are part of that economic class — do not apply to a class established under subsection (1). However, an instruction given under that subsection may specify otherwise.

  • Marginal note:Non-application of instructions

    (6) The instructions do not apply in respect of a class prescribed by the regulations.

  • Marginal note:Compliance with instructions

    (7) An officer must comply with the instructions before processing an application and when processing one.

  • Marginal note:Amendments to instructions

    (8) An instruction that amends another instruction may, if it so provides, apply in respect of applications in a class established by the original instruction that are pending on the day on which the amending instruction takes effect.

  • Marginal note:Effective period — limitation

    (9) An instruction given under subsection (1) has effect for the period specified in the instruction, which is not to exceed five years starting on the day on which the instruction first takes effect. No amendment to or renewal of an instruction may extend the five-year period.

  • Marginal note:Pending applications

    (10) Despite subsection (9), the Minister may direct officers to process, after the end of the effective period of an instruction, applications in a class established by the instruction that were made during the period in which the instruction had effect.

  • Marginal note:User Fees Act

    (11) The User Fees Act does not apply in respect of the fees referred to in subsection (1).

  • Marginal note:Publication

    (12) Instructions must be published in the Canada Gazette.

  • 2012, c. 19, ss. 703, 710.

DIVISION 2Examination

Marginal note:Examination by officer
  •  (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01).

  • Marginal note:Provincial criteria

    (2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

  • Marginal note:Inspection

    (3) An officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts and hold the means of transportation until the inspection and examination are completed.

  • Marginal note:Instructions

    (4) The officer shall conduct the examination in accordance with any instructions that the Minister may give.

  • 2001, c. 27, s. 15;
  • 2012, c. 31, s. 310.
 
Date modified: