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

Act current to 2017-10-13 and last amended on 2017-06-22. Previous Versions

Marginal note:Person in need of protection
  •  (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

    • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

    • (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

      • (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,

      • (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,

      • (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

      • (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

  • Marginal note:Person in need of protection

    (2) A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

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