Immigration and Refugee Protection Act

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

The definitions in this subsection apply in this Act.

Board means the Immigration and Refugee Board, which consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division. (Commission)

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. (Convention contre la torture)

designated foreign national has the meaning assigned by subsection 20.1(2). (étranger désigné)

foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)

permanent resident means a person who has acquired permanent resident status and has not subsequently lost that status under section 46. (résident permanent)

prescribed means prescribed by regulation. (Version anglaise seulement)

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. (Convention sur les réfugiés)

Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).

The objectives of this Act with respect to immigration are

to permit Canada to pursue the maximum social, cultural and economic benefits of immigration;

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

to support and assist the development of minority official languages communities in Canada;

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

to see that families are reunited in Canada;

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

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;

to maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system;

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;

to protect public health and safety and to maintain the security of Canadian society;

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

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.

The objectives of this Act with respect to refugees are

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

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;

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

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;

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;

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

to protect the health and safety of Canadians and to maintain the security of Canadian society; and

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

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

furthers the domestic and international interests of Canada;

promotes accountability and transparency by enhancing public awareness of immigration and refugee programs;

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

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;

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

complies with international human rights instruments to which Canada is signatory.

Except as otherwise provided in this section, the Minister of Citizenship and Immigration is responsible for the administration of this Act.

The Governor in Council may, by order, designate a minister of the Crown as the Minister responsible for all matters under this Act relating to special advocates. If none is designated, the Minister of Justice is responsible for those matters.

The Minister of Public Safety and Emergency Preparedness is responsible for the administration of this Act as it relates to

examinations at ports of entry;

the enforcement of this Act, including arrest, detention and removal;

the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, violating human or international rights, sanctions, transborder criminality or organized criminality; or

declarations referred to in section 42.1.

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

Subject to subsections (1) to (2), the Governor in Council may, by order,

specify which Minister referred to in any of subsections (1) to (2) is the Minister for the purposes of any provision of this Act; and

specify that more than one Minister may be the Minister for the purposes of any provision of this Act and specify the circumstances under which each Minister is the Minister.

Any order made under subsection (3) must be published in Part II of the Canada Gazette.

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.

Regulations made under this Act that apply in respect of sponsorship applications or applications for permanent or temporary resident visas, permanent or temporary resident status or work or study permits may, if they so provide, apply in respect of any such applications that are pending on the day on which the regulations are made, other than

applications to become a permanent resident made in Canada by protected persons; and

applications for permanent resident visas made by persons referred to in subsection 99(2) and sponsorship applications made in respect of those applications.

The Minister shall cause a copy of each proposed regulation made under sections 17, 32, 53, 61, 87.2, 102, 116, 150 and 150.1 to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.

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.

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).

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.

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.

Despite subsection (2), the Minister may not delegate the power conferred by subsection 20.1(1), section 22.1 or subsection 42.1(1) or (2) or 77(1).

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.

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.

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

the selection and sponsorship of, and the acquisition of status by, foreign nationals under this Act; and

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.

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

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:

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

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

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

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.

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.

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.

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.

A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted.

The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting

restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies;

the procedures for the collection and verification of biometric information;

the biometric information that is to be collected;

the circumstances in which a person is not required to provide certain biometric information;

the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and

the circumstances in which a person is exempt from the application of that section.

A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.

A foreign national who is a member of a portion of the prescribed class of provincial nominees set out in an instruction given under paragraph 10.3(1)(a) may be issued an invitation only in respect of that class.

An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).

In the case of the prescribed class of provincial nominees, an instruction may be given under paragraph 10.3(1)(a) in respect of the foreign nationals who are nominated by the government of a particular province in accordance with an agreement referred to in section 8, or in respect of a portion of those foreign nationals.

A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.

A foreign national may not submit an expression of interest if they have been determined to be — and continue to be — inadmissible for misrepresentation.

A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f).

A foreign national who is invited to make an application and does not do so within the period specified in an instruction given under paragraph 10.3(1)(k) is not eligible to be invited to make an application in relation to the expression of interest on the basis of which the invitation was issued.

Subsection (6) does not apply to a foreign national who declines an invitation to make an application within the period specified in an instruction given under paragraph 10.3(1)(k).

In processing an expression of interest, the Minister

is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and

subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l).

A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j).

The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b).

An expression of interest must be processed in compliance with any applicable instruction.

The Minister may cancel an invitation to make an application if the invitation was issued in error.

The Minister may give instructions governing any matter relating to the application of this Division, including instructions respecting

the classes in respect of which subsection 10.1(1) applies;

the electronic system referred to in subsections 10.1(3) and 10.2(3);

the submission and processing of an expression of interest, including by means of the electronic system;

the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;

the criteria that a foreign national must meet to be eligible to be invited to make an application;

the period during which a foreign national remains eligible to be invited to make an application;

the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;

the basis on which an eligible foreign national may be ranked;

subject to subsection (1.01), the establishment of categories of eligible foreign nationals for the purposes of ranking, which groupings may consist of

all eligible foreign nationals,

eligible foreign nationals who are eligible to be members of a class referred to in an instruction given under paragraph (a), or

eligible foreign nationals who are eligible to be members of a category established in an instruction given under paragraph (h.2);

the establishment of categories for the purposes of ranking and the criteria for eligibility to be a member of a category;

the rank within a grouping that an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

the number of invitations that may be issued within a specified period in respect of a grouping;

the class referred to in an instruction given under paragraph (a) in respect of which an eligible foreign national who is invited to make an application must apply, if the foreign national is eligible to be a member of more than one class;

the period within which an application must be made once an invitation has been issued;

the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application; and

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.

An instruction given under paragraph (1)(h.1) must not establish a category in respect of which a public consultation process referred to in subsection 10.5(1) has not been given the opportunity to provide advice and recommendations.

If the Minister establishes a category in an instruction given under paragraph (1)(h.2), the Minister shall set out, in the instruction, the economic goal that the Minister seeks to support in establishing the category.

For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a grouping be zero.

An instruction given under any of paragraphs (1)(a), (b) and (e) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.

For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.

For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose to an entity that is referred to in an instruction given under paragraph 10.3(1)(g) the personal information referred to in that instruction that is

provided to the Minister by the foreign national under section 10.1 or by a third party for the purposes of section 10.1 or 10.2; or

created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3.

For the purpose of establishing categories of eligible foreign nationals under subparagraph 10.3(1)(h.1)(iii), the Minister must engage in a public consultation process with stakeholders, including provinces and territories, industry, unions, employers, workers, worker advocacy groups, settlement provider organizations and immigration researchers and practitioners, to obtain information, advice and recommendations in respect of the labour market conditions, including occupations expected to face shortage conditions, as well as on how categories can be formed to meet economic goals.

The advice and recommendations from the public consultation process must be based on written submissions provided by relevant industry members and stakeholders.

The Minister shall cause to be tabled before each House of Parliament, not later than the fifth sitting day of that House after January 31 following the end of each fiscal year, a report containing the list of the categories of eligible foreign nationals established in an instruction made under paragraph 10.3(1)(h.1) and the selection criteria and the process applied for the establishment of those categories.

After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.

A designated foreign national may not make an application for permanent residence under subsection (1)

if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

in any other case, until five years after the day on which they become a designated foreign national.

The processing of an application for permanent residence under subsection (1) of a foreign national who, after the application is made, becomes a designated foreign national is suspended

if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

The officer may refuse to consider an application for permanent residence made under subsection (1) if

the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

less than 12 months have passed since the end of the applicable period referred to in subsection (1.1) or (1.2).

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.

[Repealed, 2015, c. 36, s. 170]

An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if — at the time the invitation was issued or at the time the officer received their application — the foreign national

did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e);

did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation; or

did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2), if they were issued an invitation on the basis that they were eligible to be a member of that category.

Despite subsection (1), an officer may issue the visa or other document if, at the time the officer received their application,

the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) — or they did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) or did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2) — because the foreign national’s birthday occurred after the invitation was issued; or

the foreign national did not have the qualifications they had at the time the invitation was issued and on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h), but

they met the criteria set out in an instruction given under paragraph 10.3(1)(e),

they met the criteria for membership of a category established in an instruction given under paragraph 10.3(1)(h.2), if they were issued the invitation on the basis that they were eligible to be a member of that category, and

they occupied a rank that is not lower than the rank that a foreign national was required to have occupied to be invited to make an application.

An officer may terminate the processing of an application for a visa or other document in the prescribed circumstances.

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.

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.

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.

A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.

[Repealed, 2012, c. 17, s. 7]

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.

An undertaking given under this Act in respect of a foreign national — including a sponsorship undertaking — is binding on the person who gives it.

If required to do so by the regulations, a foreign national who makes an application for a visa or for permanent or temporary resident status must obtain the undertaking specified in the regulations.

An officer must apply the regulations made under paragraph 14(2)(e.1) in accordance with any instructions that the Minister may give.

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.

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

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;

applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their family members;

the circumstances in which an officer may terminate the processing of an application for a visa or other document;

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;

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

sponsorships;

undertakings, and penalties for failure to comply with undertakings;

deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister;

the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with undertakings; and

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.

[Repealed, 2015, c. 36, s. 171]

For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.