PART 1Immigration to Canada (continued)
DIVISION 10General Provisions (continued)
Material Incorporated in Regulations
Marginal note:Incorporated material
(a) material produced by a person or body other than the Governor in Council;
(b) material referred to in paragraph (a) that has been subsequently adapted or edited in order to facilitate its incorporation for the purposes of the regulation;
(c) material that has been developed jointly with another government or government agency for the purpose of harmonizing the regulation with other laws; and
(d) material that is technical or explanatory in nature, such as specifications, classifications, illustrations or graphs, as well as examples that may assist in the application of the regulation.
Marginal note:Incorporated material — instructions
(1.1) An instruction given by the Minister or the Minister of Employment and Social Development under this Act may incorporate by reference any material, regardless of its source.
Marginal note:Amended from time to time
(2) Material may be incorporated by reference on a specified date or as amended from time to time.
Marginal note:Incorporated material is not a regulation
- 2001, c. 27, s. 92;
- 2012, c. 19, s. 708;
- 2013, c. 33, s. 164, c. 40, s. 238;
- 2015, c. 3, s. 113(F).
Marginal note:Statutory Instruments Act
93 Instructions given by the Minister or the Minister of Employment and Social Development under this Act and guidelines issued by the Chairperson under paragraph 159(1)(h) are not statutory instruments for the purposes of the Statutory Instruments Act.
- 2001, c. 27, s. 93;
- 2013, c. 33, s. 165, c. 40, s. 238.
Report to Parliament
Marginal note:Annual report to Parliament
94 (1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.
Marginal note:Contents of report
(2) The report shall include a description of
(a) the instructions given under section 87.3 and other activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;
(b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year;
(b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents;
(c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year;
(d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any;
(e) the number of persons granted permanent resident status under each of subsections 25(1), 25.1(1) and 25.2(1);
(e.1) any instructions given under subsection 30(1.2), (1.41) or (1.43) during the year in question and the date of their publication; and
(f) a gender-based analysis of the impact of this Act.
- 2001, c. 27, s. 94;
- 2008, c. 28, s. 119;
- 2010, c. 8, s. 9;
- 2012, c. 1, s. 207;
- 2013, c. 33, s. 166.
PART 2Refugee Protection
DIVISION 1Refugee Protection, Convention Refugees and Persons in Need of Protection
Marginal note:Conferral of refugee protection
(a) the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons;
(b) the Board determines the person to be a Convention refugee or a person in need of protection; or
(c) except in the case of a person described in subsection 112(3), the Minister allows an application for protection.
Marginal note:Protected person
(2) A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4).
- 2001, c. 27, s. 95;
- 2010, c. 8, s. 10(F).
Marginal note:Convention refugee
96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
(b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
Marginal note:Person in need of protection
97 (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.
Marginal note:Exclusion — Refugee Convention
98 A person referred to in section E or F of Article 1 of the Refugee Convention is not a Convention refugee or a person in need of protection.
Marginal note:Requirement to report
Marginal note:Obligation when reporting
(2) A designated foreign national who is required to report to an officer must answer truthfully all questions put to him or her and must provide any information and documents that the officer requests.
- 2012, c. 17, s. 32.
98.2 The regulations may provide for any matter relating to the application of section 98.1 and may include provisions respecting the requirement to report to an officer.
- 2012, c. 17, s. 32.
DIVISION 2Convention Refugees and Persons in Need of Protection
Claim for Refugee Protection
Marginal note:Claim outside Canada
(2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.
Marginal note:Claim inside Canada
(3) A claim for refugee protection made by a person inside Canada must be made to an officer, may not be made by a person who is subject to a removal order, and is governed by this Part.
Marginal note:Claim made inside Canada — not at port of entry
(3.1) A person who makes a claim for refugee protection inside Canada 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, in accordance with those rules.
Marginal note:Permanent resident
(4) An application to become a permanent resident made by a protected person is governed by Part 1.
- 2001, c. 27, s. 99;
- 2012, c. 17, s. 33.
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