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

Marginal note:Humanitarian and compassionate considerations — Minister’s own initiative

• 25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

• Marginal note:Exemption

  (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).

• Marginal note:Provincial criteria

  (3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

Marginal note:Public policy considerations

• 25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by public policy considerations.

• Marginal note:Exemption

  (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).

• Marginal note:Provincial criteria

  (3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

Marginal note:Regulations

26. The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting

• (a) entering, remaining in and re-entering Canada;

• (b) permanent resident status or temporary resident status, including acquisition of that status;

• (c) the circumstances in which all or part of the considerations referred to in section 24 may be taken into account;

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

• (e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.