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

Marginal note:Application for non-disclosure

86. The Minister may, during an admissibility hearing, a detention review or an appeal before the Immigration Appeal Division, apply for the non-disclosure of information or other evidence. Sections 83 and 85.1 to 85.5 apply to the proceeding with any necessary modifications, including that a reference to “judge” be read as a reference to the applicable Division of the Board.

Marginal note:Application for non-disclosure — judicial review

87. The Minister may, during a judicial review, apply for the non-disclosure of information or other evidence. Section 83 — other than the obligations to appoint a special advocate and to provide a summary — applies to the proceeding with any necessary modifications.

Marginal note:Special advocate

87.1 If the judge during the judicial review, or a court on appeal from the judge’s decision, is of the opinion that considerations of fairness and natural justice require that a special advocate be appointed to protect the interests of the permanent resident or foreign national, the judge or court shall appoint a special advocate from the list referred to in subsection 85(1). Sections 85.1 to 85.5 apply to the proceeding with any necessary modifications.

Marginal note:Regulations

• 87.2 (1) The regulations may provide for any matter relating to the application of this Division and may include provisions respecting conditions and qualifications that persons must meet to be included in the list referred to in subsection 85(1) and additional qualifications that are assets that may be taken into account for that purpose.

• Marginal note:Requirements

  (2) The regulations

  • (a) shall require that, to be included in the list, persons be members in good standing of the bar of a province, not be employed in the federal public administration, and not otherwise be associated with the federal public administration in such a way as to impair their ability to protect the interests of the permanent resident or foreign national; and

  • (b) may include provisions respecting those requirements.

Marginal note:Application

• 87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

• Marginal note:Attainment of immigration goals

  (2) The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

• Marginal note:Instructions

  (3) For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions

  • (a) establishing categories of applications or requests to which the instructions apply;

  • (a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;

  • (b) establishing an order, by category or otherwise, for the processing of applications or requests;

  • (c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and

  • (d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.

• Marginal note:Application

  (3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.

• Marginal note:Clarification

  (3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.

• Marginal note:Compliance with instructions

  (4) Officers and persons authorized to exercise the powers of the Minister under section 25 shall comply with any instructions before processing an application or request or when processing one. If an application or request is not processed, it may be retained, returned or otherwise disposed of in accordance with the instructions of the Minister.

• Marginal note:Clarification

  (5) The fact that an application or request is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or other document, or grant the status or exemption, in relation to which the application or request is made.

• Marginal note:Publication

  (6) Instructions shall be published in the Canada Gazette.

• Marginal note:Clarification

  (7) Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which to administer this Act.