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

Act current to 2016-09-18 and last amended on 2015-07-01. Previous Versions

Marginal note:Obligation — answer truthfully
  •  (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

  • Marginal note:Obligation — appear for examination

    (1.1) A person who makes an application must, on request of an officer, appear for an examination.

  • Marginal note:Obligation — relevant evidence

    (2) In the case of a foreign national,

    • (a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and

    • (b) subject to the regulations, the foreign national must submit to a medical examination.

  • Marginal note:Obligation — interview

    (2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.

  • Marginal note:Evidence relating to identity

    (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained, subject to an examination or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

  • 2001, c. 27, s. 16;
  • 2010, c. 8, s. 2;
  • 2013, c. 16, s. 5;
  • 2015, c. 3, s. 108(E).
Marginal note:Regulations

 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting the conduct of examinations.

DIVISION 3Entering and Remaining in Canada

Entering and Remaining

Marginal note:Examination by officer
  •  (1) Every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.

  • Marginal note:Transit

    (2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada.

Marginal note:Right of entry of citizens and Indians
  •  (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.

  • Marginal note:Right of entry of permanent residents

    (2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.

Marginal note:Obligation on entry
  •  (1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,

    • (a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and

    • (b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.

  • Marginal note:Declaration

    (1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.

  • Marginal note:Provincial criteria

    (2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued 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.

  • 2001, c. 27, s. 20;
  • 2013, c. 16, s. 6.
Marginal note:Designation — human smuggling or other irregular arrival
  •  (1) The Minister may, by order, having regard to the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she

    • (a) is of the opinion that examinations of the persons in the group, particularly for the purpose of establishing identity or determining inadmissibility — and any investigations concerning persons in the group — cannot be conducted in a timely manner; or

    • (b) has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

  • Marginal note:Effect of designation

    (2) When a designation is made under subsection (1), a foreign national — other than a foreign national referred to in section 19 — who is part of the group whose arrival is the subject of the designation becomes a designated foreign national unless, on arrival, they hold the visa or other document required under the regulations and, on examination, the officer is satisfied that they are not inadmissible.

  • Marginal note:Statutory Instruments Act

    (3) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

  • 2012, c. 17, s. 10.
Marginal note:Application for permanent residence — restriction
  •  (1) A designated foreign national may not apply to become a permanent resident

    • (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 for permanent residence

    (2) The processing of an application for permanent residence 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

    (3) The officer may refuse to consider an application for permanent residence 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) or (2).

  • 2012, c. 17, s. 10.

Status and Authorization to Enter

Marginal note:Permanent resident
  •  (1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.

  • Marginal note:Protected person

    (2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.

  • Marginal note:Pending application — subsection 108(2)

    (3) A person in respect of whom the Minister has made an application under subsection 108(2) may not become a permanent resident under subsection (2) while the application is pending.

  • 2001, c. 27, s. 21;
  • 2012, c. 17, s. 11.
 
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