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

Marginal note:Application of this Act

Footnote ^*190 Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.

• Return to footnote ^*[Note: Section 190 in force June 28, 2002, see SI/2002-97.]

Marginal note:Convention Refugee Determination Division

Footnote ^*191 Every application, proceeding or matter before the Convention Refugee Determination Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division of the Board.

• Return to footnote ^*[Note: Section 191 in force June 28, 2002, see SI/2002-97.]

Marginal note:Immigration Appeal Division

Footnote ^*192 If a notice of appeal has been filed with the Immigration Appeal Division immediately before the coming into force of this section, the appeal shall be continued under the former Act by the Immigration Appeal Division of the Board.

• Return to footnote ^*[Note: Section 192 in force June 28, 2002, see SI/2002-97.]

Marginal note:Continuation by Immigration Division

Footnote ^*193 Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board.

• Return to footnote ^*[Note: Section 193 in force June 28, 2002, see SI/2002-97.]

Marginal note:Refugee Protection Division

194 In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 110.

Marginal note:Convention Refugee Determination Division

195 A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.

Marginal note:Appeals

196 Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made because of section 64 of this Act.

Marginal note:Stays

197 Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection 68(4) of this Act.

Marginal note:Refugee Protection Division

198 The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

Marginal note:Redetermination

199 Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.

Marginal note:Exclusion

Footnote ^*200 Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.

• Return to footnote ^*[Note: Section 200 in force June 28, 2002, see SI/2002-97.]

Marginal note:Regulations

201 The regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of persons who will be subject in whole or in part to this Act or the former Act and measures regarding financial and enforcement matters.

Consequential and Related Amendments

Access to Information Act

202 [Amendment]

Agricultural Marketing Programs Act

203 [Amendment]

Animal Pedigree Act

204 and 205 [Amendments]

Bank Act

206 [Amendment]

Budget Implementation Act, 1998

207 [Amendment]

Business Development Bank of Canada Act

208 [Amendments]

Canada Business Corporations Act

209 [Amendment]

Canada Customs and Revenue Agency Act

210 [Amendment]

Canada Elections Act

211 to 214 [Amendments]

Canada Labour Code

215 [Amendment]

Canada Shipping Act

216 to 218 [Amendments]

Canada Student Financial Assistance Act

219 [Amendment]

Canada Student Loans Act

220 [Amendment]

Canada Transportation Act

221 and 222 [Amendments]

Canadian Security Intelligence Service Act

223 to 226 [Amendments]

Chemical Weapons Convention Implementation Act

227 [Amendment]

Citizenship Act

227.1 to 232 [Amendments]

Comprehensive Nuclear Test-Ban Treaty Implementation Act

233 [Amendment]

Cooperative Credit Associations Act

234 [Amendment]

Copyright Act

235 to 241 [Amendments]

Corrections and Conditional Release Act

242 and 243 [Amendments]

Criminal Code

244 [Amendment]

245 [Repealed, 2004, c. 15, s. 110]

246 and 247 [Amendments]

Emergencies Act

248 and 249 [Amendments]

Extradition Act

250 to 252 [Amendments]

Foreign Publishers Advertising Services Act

253 [Amendments]

Income Tax Act

254 [Amendment]

Insurance Companies Act

255 [Amendment]

International Centre for Human Rights and Democratic Development Act

256 to 258 [Amendments]

Investment Canada Act

259 [Amendment]

Labour Adjustment Benefits Act

260 [Amendment]

Mutual Legal Assistance in Criminal Matters Act

261 [Amendments]

National Energy Board Act

262 [Amendment]

Old Age Security Act

263 to 267 [Amendments]

Pilotage Act

268 [Amendment]

Privacy Act

269 [Amendment]

Proceeds of Crime (Money Laundering) Act

270 [Amendment]

Trade-marks Act

271 [Amendment]

Trust and Loan Companies Act

272 [Amendment]

Terminology

Marginal note:Terminology

273 Unless the context requires otherwise, “Immigration Act” is replaced by “Immigration and Refugee Protection Act” in

• (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

• (b) any other instrument made

  • (i) in the execution of a power conferred by or under an Act of Parliament, or

  • (ii) by or under the authority of the Governor in Council.

Coordinating Amendments

273.1 [Amendments]

Repeals

274 [Repeals]

Coming Into Force

Marginal note:Order in council

Footnote ^*275 Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 1 and 4 in force December 6, 2001, see SI/2001-119; sections 2, 3, 5 to 72, 74 to 109, 112 to 170, 172 to 193, 196 to 244 and 246 to 274 in force June 28, 2002, see SI/2002-97; sections 73, 110, 111, 171, 194 and 195 in force December 15, 2012, see SI/2012-94.]