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

AMENDMENTS NOT IN FORCE

• — 2014, c. 39, s. 306

  • 2014, c. 20, s. 299

    306 Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:

    • Minister of Employment and Social Development

      (2.1) In making regulations under paragraphs 32(b.1) and (d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.

• — 2014, c. 39, s. 308

  • 308 The Act is amended by adding the following after section 30:

    • Publication of employer names and addresses

      • 30.1 (1) The Minister or the Minister of Employment and Social Development may, in accordance with the regulations, publish on a list the name and address of an employer who has been found guilty of an offence arising out of the contravention of a provision of this Act that is designated in the regulations or an offence under any other federal or provincial law that regulates employment or the recruiting of employees and who

        • (a) has provided information in accordance with regulations made under paragraph 32(d.5) or employs or has employed a foreign national for whom a work permit is required; or

        • (b) has requested an assessment from the Department of Employment and Social Development with respect to an application for a work permit.

      • Removal of names and addresses

        (2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list.

• — 2014, c. 39, s. 309(1)

  • • 309 (1) Section 32 of the Act is amended by adding the following after paragraph (b):

      • (b.1) the publication and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;

• — 2014, c. 39, s. 311

  • 311 The Act is amended by adding the following after section 89:

    • Fees for rights and privileges — assessments

      89.01 The regulations may

      • (a) govern fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit; and

      • (b) govern cases in which the fees referred to in paragraph (a) are waived.

• — 2014, c. 39, s. 313(2)

  • • 313 (2) Subsection 150.1(1) of the Act is amended by adding the following after paragraph (a):

      • (a.1) the collection, retention and use of a Social Insurance Number by the Minister of Employment and Social Development in respect of an assessment provided by the Department of Employment and Social Development or in respect of the compliance regime that applies to an employer, in relation to the employment of a foreign national or a permanent resident;

• — 2015, c. 29, s. 2

  • 2 The Immigration and Refugee Protection Act is amended by adding the following after section 41:

    • Polygamy

      • 41.1 (1) A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national.

      • Interpretation

        (2) For the purposes of subsection (1), polygamy shall be interpreted in a manner consistent with paragraph 293(1)(a) of the Criminal Code.

• — 2023, c. 26, s. 284(2)

  • • 284 (2) Subsection 99(3.1) of the Act is replaced by the following:

      • Claim made inside Canada — not at port of entry

        (3.1) A person inside Canada who makes a claim for refugee protection or who, before making a claim, submits any document or provides information with a view to making a claim, other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information, including in respect of the basis for the claim, required by the rules of the Board or specified by the Minister. The documents and information are to be provided in accordance with those rules and in the form and manner specified by the Minister.

• — 2024, c. 17, s. 390(2)

  • • 390 (2) Subsections 142(2) to (10) of the Act are repealed.

• — 2026, c. 4, s. 31

  • 31 The Act is amended by adding the following after section 6:

    • Representation

      • 6.1 (1) The Minister must, in the prescribed circumstances, designate a person to represent a person who is the subject of a prescribed proceeding or application if the person who is the subject of the proceeding or application is under 18 years of age or is unable, in the opinion of the Minister, to appreciate the nature of the proceeding or application. That obligation does not apply in respect of a proceeding before a Division of the Board.

      • Personal information

        (2) The Minister may disclose the personal information of the person who is the subject of the proceeding or application to the representative.

      • Regulations

        (3) The regulations may provide for any matter relating to the application of this section, may prescribe the circumstances in which, and the proceedings and applications for which, a representative must be designated and may include provisions respecting

        • (a) the responsibilities of a representative and the requirements that must be met to be designated as a representative;

        • (b) the circumstances in which a representative may make decisions on behalf of the person they represent; and

        • (c) the remuneration of a representative.

• — 2026, c. 4, s. 34

  • 34 Subsection 24(4) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:

    • (a.1) the day on which their claim was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review;

    • (a.2) in any other case where their claim was determined by the Minister to be withdrawn, the later of

      • (i) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last one occurred, and

      • (ii) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or

• — 2026, c. 4, s. 35

  • 35 Paragraph 25(1.2)(b) of the Act is replaced by the following:

    • (b) the foreign national has made a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division or that is pending before that Division or the Refugee Appeal Division;

• — 2026, c. 4, s. 41

  • 41 Subsection 99(3.1) of the Act is repealed.

• — 2026, c. 4, s. 42

  • 42 The heading before section 100 of the Act is replaced by the following:

    Consideration of Claims Prior to Referral

• — 2026, c. 4, s. 43

  • • 43 (1) Subsection 100(1) of the Act is replaced by the following:

      • Consideration of claims

        • 100 (1) An officer must, after receiving a claim referred to in subsection 99(3), determine whether it is eligible to be referred to the Refugee Protection Division. If it is determined to be eligible, the Minister must consider it further within the prescribed time limit.

    • (2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:

      • Suspension of consideration

        (2) The officer or the Minister must suspend consideration of the person’s claim if

    • (3) Paragraph 100(2)(b) of the Act is replaced by the following:

      • (b) the person is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years and the officer or the Minister considers it necessary to wait for a court decision with respect to the charge.

    • (4) Subsection 100(3) of the Act is replaced by the following:

      • Ineligibility — determination by Minister

        (3) The Minister may, after considering a claim, determine that it is ineligible to be referred to the Refugee Protection Division despite the determination made under subsection (1).

    • (5) Subsection 100(4) of the Act is replaced by the following:

      • Documents and information to be provided

        (4) A person who makes a claim for refugee protection inside Canada — or who, before making a claim, submits any document or provides information with a view to making a claim inside Canada — must, within the time limits provided for in the regulations and in the manner specified by the Minister, provide the Minister with the documents and information specified by the Minister and the documents and information required by the rules of the Board.

    • (6) Subsection 100(4.1) of the Act is repealed.

    • (7) Subsection 100(5) of the Act is repealed.

• — 2026, c. 4, s. 44

  • 44 The Act is amended by adding the following after section 100:

    • Referral of claims

      • 100.1 (1) Subject to subsections 100(1) to (3) and section 102.2, the Minister must refer a claim for refugee protection to the Refugee Protection Division if

        • (a) the claim has been determined to be eligible for referral;

        • (b) the Minister has been provided with, and has had the opportunity to consider, the documents and information referred to in subsection 100(4); and

        • (c) in the case where the person who made the claim has been requested to appear for an examination, they have appeared for the examination.

      • Restriction

        (2) The Refugee Protection Division is not authorized to consider a claim for the purposes of subsection 107(1) until the claim has been referred to it under subsection (1).

• — 2026, c. 4, s. 45

  • 45 The Act is amended by adding the following after section 102:

    Abandonment and Withdrawal of Claims

    • Abandoned claims

      • 102.1 (1) If a person who makes a claim for refugee protection inside Canada that has not been referred to the Refugee Protection Division and that has not been determined to be ineligible for referral fails to provide documents or information in accordance with subsection 100(4) or fails to appear for an examination when requested to do so, the Minister must transmit the claim to the Division to determine whether, as a result of the failure, the claim has been abandoned.

      • Determination

        (2) Subject to subsection (6), the Refugee Protection Division must — after, among other things, providing the person with the opportunity to make representations — determine, in accordance with subsection 168(1), whether the claim has been abandoned.

      • Limit

        (3) Despite section 165, the Refugee Protection Division cannot compel the Minister, an officer or any other person who is authorized to act on the Minister’s behalf to appear for a hearing.

      • Requirements

        (4) If the Refugee Protection Division determines that the claim has not been abandoned, the person who made the claim must provide the necessary documents or information or appear for the examination, as the case may be, in accordance with the requirements imposed by or under the regulations.

      • Failure to comply

        (5) If the person who made the claim is required to comply with subsection (4) and fails to do so, the Refugee Protection Division must make a new determination under subsection (2).

      • Termination

        (6) A proceeding under this section is terminated if

        • (a) the person who made the claim provides the Minister with the necessary documents and information or appears for the examination, as the case may be;

        • (b) the claim is determined under subsection 100(1) or (3) to be ineligible to be referred to the Refugee Protection Division; or

        • (c) a prescribed circumstance exists.

    • Withdrawal of claims

      • 102.2 (1) The Minister may, at any time after a claim for refugee protection is determined to be eligible for referral and before the claim is referred to the Refugee Protection Division, determine that the claim has been withdrawn if the claimant provides the Minister with written notice of withdrawal.

      • Reinstatement of claim

        (2) Subject to the regulations, the Minister may, on application, reinstate a claim that the Minister has determined to be withdrawn.

• — 2026, c. 4, s. 48

  • 48 Section 109.1 of the Act and the heading before it are repealed.

• — 2026, c. 4, s. 49

  • • 49 (1) Paragraph 110(2)(d.1) of the Act is repealed.

    • (2) Subsections 110(3) and (3.1) of the Act are replaced by the following:

      • Procedure

        (3) Subject to subsections (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent or mandatary of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

• — 2026, c. 4, s. 51

  • • 51 (1) Paragraph 111.1(1)(a) of the Act is replaced by the following:

      • (a) time limits for providing documents and information under subsection 100(4) and the extension of those time limits, including extensions by the Minister;

    • (2) Subsection 111.1(1) of the Act is amended by adding the following after paragraph (a):

      • (a.1) time limits for the Minister to consider claims under subsection 100(1);

    • (3) Paragraph 111.1(1)(b) of the Act is repealed.

    • (4) Subsection 111.1(1) of the Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

    • (5) Subsection 111.1(2) of the Act is repealed.

• — 2026, c. 4, s. 52

  • • 52 (1) The portion of paragraph 112(2)(b.1) of the Act before subparagraph (i) is replaced by the following:

      • (b.1) subject to subsection (2.1), less than 12 months have passed since

    • (2) Subsection 112(2) of the Act is amended by striking out “or” at the end of paragraph (b.1) and by adding the following after that paragraph:

      • (b.2) subject to subsection (2.1), less than 12 months have passed since

        • (i) the day on which their claim for refugee protection was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or

        • (ii) in any other case where their claim for refugee protection was determined by the Minister to be withdrawn, the later of

          • (A) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last determination occurred, and

          • (B) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or

    • (3) The portion of paragraph 112(2)(c) of the Act before subparagraph (i) is replaced by the following:

      • (c) subject to subsection (2.1), less than 12 months have passed since

    • (4) The portion of subsection 112(2.1) of the Act before paragraph (a) is replaced by the following:

      • Exemption

        (2.1) The Minister may exempt from the application of paragraph (2)(b.1), (b.2) or (c)

• — 2026, c. 4, s. 55

  • • 55 (1) Paragraph 161(1)(a.1) of the Act is repealed.

    • (1.1) Subsection 161(1) of the Act is amended by adding the following after paragraph (a.1):

      • (a.11) the manner in which a claim that is determined to be ineligible under subsection 101(1) is to be dealt with;

    • (2) Subsection 161(1.1) of the Act is repealed.

• — 2026, c. 4, s. 58

  • • 58 (1) Paragraph 170(d) of the Act is repealed.

    • (2) Paragraph 170(f) of the Act is replaced by the following:

      • (f) may, despite paragraph (b), accept a claim for refugee protection without a hearing if the Minister has not notified the Division of the Minister’s intention to intervene;

• — 2026, c. 4, s. 63

  • 2023, c. 26

    • 63 (1) If section 41 of this Act comes into force before the day on which subsection 284(2) of the Budget Implementation Act, 2023, No. 1 comes into force, then that subsection 284(2) is repealed.

    • (2) If section 41 of this Act and subsection 284(2) of the Budget Implementation Act, 2023, No. 1 come into force on the same day, then that subsection 284(2) is deemed never to have come into force and is repealed.