Marginal note:Consultations with the provinces

• 10. (1) 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.

• Marginal note:Required consultations

  (2) 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.

PART 1IMMIGRATION TO CANADA

Division 1Requirements Before Entering Canada and Selection

Requirements Before Entering Canada

Marginal note:Application before entering Canada

• 11. (1) 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 shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

• Marginal note:If sponsor does not meet requirements

  (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.

Selection of Permanent Residents

Marginal note:Family reunification

• 12. (1) 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.

• Marginal note:Economic immigration

  (2) 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.

• Marginal note:Refugees

  (3) 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.

Sponsorship of Foreign Nationals

Marginal note:Right to sponsor family member

• 13. (1) A Canadian citizen or permanent resident may, subject to the regulations, sponsor a foreign national who is a member of the family class.

• Marginal note:Group right to sponsor

  (2) A group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province, and an unincorporated organization or association under federal or provincial law, or any combination of them may, subject to the regulations, sponsor a Convention refugee or a person in similar circumstances.

• Marginal note:Obligation

  (3) An undertaking relating to sponsorship is binding on the person who gives it.

• Marginal note:Instructions of Minister

  (4) 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.

Regulations

Marginal note:Regulations

• 14. (1) 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.

• Marginal note:Regulations

  (2) 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

  • (a) 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;

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

  • (c) 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;

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

  • (e) sponsorships, undertakings, and penalties for failure to comply with undertakings;

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

  • (g) 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.

Division 2Examination

Marginal note:Examination by officer

• 15. (1) An officer is authorized to proceed with an examination where a person makes an application to the officer in accordance with this Act.

• Marginal note:Provincial criteria

  (2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

• Marginal note:Inspection

  (3) An officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts and hold the means of transportation until the inspection and examination are completed.

• Marginal note:Instructions

  (4) The officer shall conduct the examination in accordance with any instructions that the Minister may give.

Marginal note:Obligation — answer truthfully

• 16. (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

• Marginal note:Obligation — relevant evidence

  (2) In the case of a foreign national,

  • (a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and

  • (b) the foreign national must submit to a medical examination on request.

• Marginal note:Evidence relating to identity

  (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

Marginal note:Regulations

17. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting the conduct of examinations.

Division 3Entering and Remaining in Canada

Entering and Remaining

Marginal note:Examination by officer

• 18. (1) Every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.

• Marginal note:Transit

  (2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada.

Marginal note:Right of entry of citizens and Indians

• 19. (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.

• Marginal note:Right of entry of permanent residents

  (2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.

Marginal note:Obligation on entry

• 20. (1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,

  • (a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and

  • (b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.

• Marginal note:Provincial criteria

  (2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

Status and Authorization to Enter

Marginal note:Permanent resident

• 21. (1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.

• Marginal note:Protected person

  (2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.

Marginal note:Temporary resident

• 22. (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b) and is not inadmissible.

• Marginal note:Dual intent

  (2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.