SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Immigration and Refugee Protection Act.

INTERPRETATION

Marginal note:Definitions

• 2. (1) The definitions in this subsection apply in this Act.

  “Board”

  « Commission »

  “Board” means the Immigration and Refugee Board, which consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division.

  “Convention Against Torture”

  « Convention contre la torture »

  “Convention Against Torture” means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule.

  “foreign national”

  « étranger »

  “foreign national” means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person.

  “permanent resident”

  « résident permanent »

  “permanent resident” means a person who has acquired permanent resident status and has not subsequently lost that status under section 46.

  “Refugee Convention”

  « Convention sur les réfugiés »

  “Refugee Convention” means the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951, and the Protocol to that Convention, signed at New York on January 31, 1967. Sections E and F of Article 1 of the Refugee Convention are set out in the schedule.

• Marginal note:Act includes regulations

  (2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it.

OBJECTIVES AND APPLICATION

Marginal note:Objectives — immigration

• 3. (1) The objectives of this Act with respect to immigration are

  • (a) to permit Canada to pursue the maximum social, cultural and economic benefits of immigration;

  • (b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada;

  • (b.1) to support and assist the development of minority official languages communities in Canada;

  • (c) to support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;

  • (d) to see that families are reunited in Canada;

  • (e) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society;

  • (f) to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces;

  • (g) to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;

  • (h) to protect the health and safety of Canadians and to maintain the security of Canadian society;

  • (i) to promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks; and

  • (j) to work in cooperation with the provinces to secure better recognition of the foreign credentials of permanent residents and their more rapid integration into society.

• Marginal note:Objectives — refugees

  (2) The objectives of this Act with respect to refugees are

  • (a) to recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted;

  • (b) to fulfil Canada’s international legal obligations with respect to refugees and affirm Canada’s commitment to international efforts to provide assistance to those in need of resettlement;

  • (c) to grant, as a fundamental expression of Canada’s humanitarian ideals, fair consideration to those who come to Canada claiming persecution;

  • (d) to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment;

  • (e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings;

  • (f) to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members in Canada;

  • (g) to protect the health and safety of Canadians and to maintain the security of Canadian society; and

  • (h) to promote international justice and security by denying access to Canadian territory to persons, including refugee claimants, who are security risks or serious criminals.

• Marginal note:Application

  (3) This Act is to be construed and applied in a manner that

  • (a) furthers the domestic and international interests of Canada;

  • (b) promotes accountability and transparency by enhancing public awareness of immigration and refugee programs;

  • (c) facilitates cooperation between the Government of Canada, provincial governments, foreign states, international organizations and non-governmental organizations;

  • (d) ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms, including its principles of equality and freedom from discrimination and of the equality of English and French as the official languages of Canada;

  • (e) supports the commitment of the Government of Canada to enhance the vitality of the English and French linguistic minority communities in Canada; and

  • (f) complies with international human rights instruments to which Canada is signatory.

ENABLING AUTHORITY

Marginal note:Minister

4. The Minister responsible for the administration of this Act is the member of the Queen’s Privy Council designated as such by the Governor in Council.

Marginal note:Regulations

• 5. (1) Except as otherwise provided, the Governor in Council may make any regulation that is referred to in this Act or that prescribes any matter whose prescription is referred to in this Act.

• Marginal note:Tabling and referral of proposed regulations

  (2) The Minister shall cause a copy of each proposed regulation made pursuant to sections 17, 32, 53, 61, 102, 116 and 150 to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.

• Marginal note:Alteration of proposed regulation

  (3) A proposed regulation that has been laid before each House of Parliament under subsection (2) does not need to be so laid again, whether or not it has been altered.

• Marginal note:Making of regulations

  (4) The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (2).

Marginal note:Designation of officers

• 6. (1) The Minister may designate any persons or class of persons as officers to carry out any purpose of any provision of this Act, and shall specify the powers and duties of the officers so designated.

• Marginal note:Delegation of powers

  (2) Anything that may be done by the Minister under this Act may be done by a person that the Minister authorizes in writing, without proof of the authenticity of the authorization.

• Marginal note:Exception

  (3) Notwithstanding subsection (2), the Minister may not delegate the power conferred by subsection 77(1) or the ability to make determinations under subsection 34(2) or 35(2) or paragraph 37(2)(a).

AGREEMENTS

Marginal note:International agreements

7. The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a foreign state or with an international organization for the purposes of this Act.

Marginal note:Federal-provincial agreements

• 8. (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of any province for the purposes of this Act. The Minister must publish, once a year, a list of the federal-provincial agreements that are in force.

• Marginal note:Consistency with agreement

  (2) Subject to subsection (3) but despite the other provisions of this Act, the following must be consistent with the federal-provincial agreements:

  • (a) the selection and sponsorship of, and the acquisition of status by, foreign nationals under this Act; and

  • (b) regulations governing those matters, including regulations respecting the examination in Canada of applications to become a permanent resident, or respecting the foreign nationals who may be selected on the basis of an investment in Canada.

• Marginal note:Inadmissibility not limited

  (3) Subsection (2) is not to be interpreted as limiting the application of any provision of this Act concerning inadmissibility to Canada.

Marginal note:Sole provincial responsibility — permanent residents

• 9. (1) Where a province has, under a federal-provincial agreement, sole responsibility for the selection of a foreign national who intends to reside in that province as a permanent resident, the following provisions apply to that foreign national, unless the agreement provides otherwise:

  • (a) the foreign national, unless inadmissible under this Act, shall be granted permanent resident status if the foreign national meets the province’s selection criteria;

  • (b) the foreign national shall not be granted permanent resident status if the foreign national does not meet the province’s selection criteria;

  • (c) the foreign national shall not be granted permanent resident status contrary to the provisions of the law of the province governing the number of foreign nationals who may settle in the province as permanent residents, whether that number is an estimate or a maximum, or governing the distribution of that number among classes of foreign nationals; and

  • (d) conditions imposed in accordance with the law of the province have the same force and effect as if they were made under this Act, if they are imposed on a foreign national on or before the grant of permanent resident status.

• Marginal note:Sole provincial responsibility — appeals

  (2) If a federal-provincial agreement gives a province sole responsibility to establish and apply financial criteria with respect to undertakings that sponsors living in that province may make in respect of a foreign national who applies to become a permanent resident, then, unless the agreement provides otherwise, the existence of a right of appeal under the law of that province respecting rejections by provincial officials of applications for sponsorship, for reasons of failing to meet financial criteria or failing to comply with a prior undertaking, prevents the sponsor, except on humanitarian and compassionate grounds, from appealing under this Act against a refusal, based on those reasons, of a visa or permanent resident status.

Marginal note:Consultations with the provinces

• 10. (1) The Minister may consult with the governments of the provinces on immigration and refugee protection policies and programs, in order to facilitate cooperation and to take into consideration the effects that the implementation of this Act may have on the provinces.

• Marginal note:Required consultations

  (2) The Minister must consult with the governments of the provinces respecting the number of foreign nationals in each class who will become permanent residents each year, their distribution in Canada taking into account regional economic and demographic requirements, and the measures to be undertaken to facilitate their integration into Canadian society.

PART 1IMMIGRATION TO CANADA

Division 1Requirements Before Entering Canada and Selection

Requirements Before Entering Canada

Marginal note:Application before entering Canada

• 11. (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

• Marginal note:If sponsor does not meet requirements

  (2) The officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act.

Selection of Permanent Residents

Marginal note:Family reunification

• 12. (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

• Marginal note:Economic immigration

  (2) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.

• Marginal note:Refugees

  (3) A foreign national, inside or outside Canada, may be selected as a person who under this Act is a Convention refugee or as a person in similar circumstances, taking into account Canada’s humanitarian tradition with respect to the displaced and the persecuted.

Sponsorship of Foreign Nationals

Marginal note:Right to sponsor family member

• 13. (1) A Canadian citizen or permanent resident may, subject to the regulations, sponsor a foreign national who is a member of the family class.

• Marginal note:Group right to sponsor

  (2) A group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province, and an unincorporated organization or association under federal or provincial law, or any combination of them may, subject to the regulations, sponsor a Convention refugee or a person in similar circumstances.

• Marginal note:Obligation

  (3) An undertaking relating to sponsorship is binding on the person who gives it.

• Marginal note:Instructions of Minister

  (4) An officer shall apply the regulations on sponsorship referred to in paragraph 14(2)(e) in accordance with any instructions that the Minister may make.

Regulations

Marginal note:Regulations

• 14. (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, 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; 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.

Division 2Examination

Marginal note:Examination by officer

• 15. (1) An officer is authorized to proceed with an examination where a person makes an application to the officer in accordance with this Act.

• 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.

Marginal note:Obligation — answer truthfully

• 16. (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 — 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) the foreign national must submit to a medical examination on request.

• 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 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.