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

102. (1) The regulations may govern matters relating to the application of sections 100 and 101, may, for the purposes of this Act, define the terms used in those sections and, for the purpose of sharing responsibility with governments of foreign states for the consideration of refugee claims, may include provisions

• (a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;

• (b) making a list of those countries and amending it as necessary; and

• (c) respecting the circumstances and criteria for the application of paragraph 101(1)(e).

(2) The following factors are to be considered in designating a country under paragraph (1)(a):

• (a) whether the country is a party to the Refugee Convention and to the Convention Against Torture;

• (b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;

• (c) its human rights record; and

• (d) whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

(3) The Governor in Council must ensure the continuing review of factors set out in subsection (2) with respect to each designated country.