Protecting Canada’s Immigration System Act (S.C. 2012, c. 17)
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Assented to 2012-06-28
2001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Marginal note:2010, c. 8, s. 5
14. (1) Subsection 25.2(1) of the Act is replaced by the following:
Marginal note:Public policy considerations
25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.
(2) Section 25.2 of the Act is amended by adding the following after subsection (3):
Marginal note:Conditions
(4) The conditions referred to in subsection (1) may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party that meets any criteria specified by the Minister.
15. Section 26 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(d.1) undertakings that may or must be given in respect of requests made under subsection 25(1) or undertakings referred to in subsection 25.2(4), and penalties for failure to comply with undertakings;
(d.2) the determination of eligibility referred to in subsection 25.2(4); and
16. The Act is amended by adding the following after section 31:
Refugee Travel Document
Marginal note:Designated foreign national
31.1 For the purposes of Article 28 of the Refugee Convention, a designated foreign national whose claim for refugee protection or application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24.
17. Paragraph 40(1)(c) of the Act is replaced by the following:
(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
18. The Act is amended by adding the following after section 40:
Marginal note:Cessation of refugee protection — foreign national
40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.
Marginal note:Cessation of refugee protection — permanent resident
(2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).
19. (1) Subsection 46(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d); or
(2) Paragraph 46(1)(d) of the English version of the Act is replaced by the following:
(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection.
20. Subsection 48(2) of the Act is replaced by the following:
Marginal note:Effect
(2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible.
21. Paragraph 49(2)(c) of the Act is replaced by the following:
(c) if the claim is rejected by the Refugee Protection Division, on the expiry of the time limit referred to in subsection 110(2.1) or, if an appeal is made, 15 days after notification by the Refugee Appeal Division that the claim is rejected;
22. Paragraph 53(e) of the Act is replaced by the following:
(e) the effect and enforcement of removal orders, including the consideration of factors in the determination of when enforcement is possible;
23. (1) Subsection 55(1) of the Act is replaced by the following:
Marginal note:Arrest and detention with warrant
55. (1) An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2).
(2) Paragraph 55(3)(b) of the Act is replaced by the following:
(b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.
(3) Section 55 of the Act is amended by adding the following after subsection (3):
Marginal note:Mandatory arrest and detention — designated foreign national
(3.1) If a designation is made under subsection 20.1(1), an officer must
(a) detain, on their entry into Canada, a foreign national who, as a result of the designation, is a designated foreign national and who is 16 years of age or older on the day of the arrival that is the subject of the designation; or
(b) arrest and detain without a warrant — or issue a warrant for the arrest and detention of — a foreign national who, after their entry into Canada, becomes a designated foreign national as a result of the designation and who was 16 years of age or older on the day of the arrival that is the subject of the designation.
24. Section 56 of the Act is renumbered as subsection 56(1) and is amended by adding the following:
Marginal note:Period of detention — designated foreign national
(2) Despite subsection (1), a designated foreign national who is detained under this Division and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question must be detained until
(a) a final determination is made to allow their claim for refugee protection or application for protection;
(b) they are released as a result of the Immigration Division ordering their release under section 58; or
(c) they are released as a result of the Minister ordering their release under section 58.1.
25. The Act is amended by adding the following after section 57:
Marginal note:Initial review — designated foreign national
57.1 (1) Despite subsections 57(1) and (2), in the case of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, the Immigration Division must review the reasons for their continued detention within 14 days after the day on which that person is taken into detention, or without delay afterward.
Marginal note:Further review — designated foreign national
(2) Despite subsection 57(2), in the case of the designated foreign national referred to in subsection (1), the Immigration Division must review again the reasons for their continued detention on the expiry of six months following the conclusion of the previous review and may not do so before the expiry of that period.
Marginal note:Presence
(3) In a review under subsection (1) or (2), the officer must bring the designated foreign national before the Immigration Division or to a place specified by it.
26. (1) Paragraphs 58(1)(c) and (d) of the Act are replaced by the following:
(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality;
(d) the Minister is of the opinion that the identity of the foreign national — other than a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question — has not been, but may be, established and they have not reasonably cooperated with the Minister by providing relevant information for the purpose of establishing their identity or the Minister is making reasonable efforts to establish their identity; or
(e) the Minister is of the opinion that the identity of the foreign national who is a designated foreign national and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question has not been established.
(1.1) Section 58 of the Act is amended by adding the following after subsection (1):
Marginal note:Continued detention — designated foreign national
(1.1) Despite subsection (1), on the conclusion of a review under subsection 57.1(1), the Immigration Division shall order the continued detention of the designated foreign national if it is satisfied that any of the grounds described in paragraphs (1)(a) to (c) and (e) exist, and it may not consider any other factors.
(2) Section 58 of the Act is amended by adding the following after subsection (3):
Marginal note:Conditions — designated foreign national
(4) If the Immigration Division orders the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, it shall also impose any condition that is prescribed.
27. The Act is amended by adding the following after section 58:
Marginal note:Release — on request
58.1 (1) The Minister may, on request of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if, in the Minister’s opinion, exceptional circumstances exist that warrant the release.
Marginal note:Release — Minister’s own initiative
(2) The Minister may, on the Minister’s own initiative, order the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question if, in the Minister’s opinion, the reasons for the detention no longer exist.
Marginal note:Conditions
(3) If the Minister orders the release of a designated foreign national, the Minister may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that he or she considers necessary.
28. Paragraph 61(a) of the Act is replaced by the following:
(a) grounds for and criteria with respect to the release of persons from detention;
(a.1) the type of conditions that an officer, the Immigration Division or the Minister may impose with respect to the release of a person from detention;
(a.2) the type of conditions that the Immigration Division must impose with respect to the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question;
Marginal note:2008, c. 28, s. 118
29. Subsection 87.3(1) of the Act is replaced by the following:
Marginal note:Application
87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), 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 and to requests under subsection 25(1) made by foreign nationals outside Canada.
30. Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:
Marginal note:User Fees Act
(2) The User Fees Act does not apply to a fee for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of related services.
31. (1) Paragraph 95(1)(c) of the Act is replaced by the following:
(c) the Board allows their application for protection.
(2) Subsection 95(2) of the Act is replaced by the following:
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) or 109(3).
32. The Act is amended by adding the following after section 98:
Marginal note:Requirement to report
98.1 (1) A designated foreign national on whom refugee protection is conferred under paragraph 95(1)(b) or (c) must report to an officer in accordance with the regulations.
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.
Marginal note:Regulations
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.
33. Section 99 of the Act is amended by adding the following after subsection (3):
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.
34. Paragraphs 101(2)(a) and (b) of the Act are replaced by the following:
(a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(b) in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
35. (1) The portion of subsection 103(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Suspension
103. (1) Proceedings of the Refugee Protection Division in respect of a claim for refugee protection are suspended on notice by an officer that
(2) Subsection 103(2) of the English version of the Act is replaced by the following:
Marginal note:Continuation
(2) On notice by an officer that the suspended claim was determined to be eligible, proceedings of the Refugee Protection Division must continue.
Marginal note:2010, c. 8, s. 13(1)
36. (1) Subsections 110(1) and (2) of the Act are replaced by the following:
Marginal note:Appeal
110. (1) Subject to subsections (1.1) and (2), a person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection.
Marginal note:Notice of appeal
(1.1) The Minister may satisfy any requirement respecting the manner in which an appeal is filed and perfected by submitting a notice of appeal and any supporting documents.
Marginal note:Restriction on appeals
(2) No appeal may be made in respect of any of the following:
(a) a decision of the Refugee Protection Division allowing or rejecting the claim for refugee protection of a designated foreign national;
(b) a determination that a refugee protection claim has been withdrawn or abandoned;
(c) a decision of the Refugee Protection Division rejecting a claim for refugee protection that states that the claim has no credible basis or is manifestly unfounded;
(d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if
(i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and
(ii) the claim — by virtue of regulations made under paragraph 102(1)(c) — is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division;
(e) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased;
(f) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.
Marginal note:2010, c. 8, s. 13(2)
(2) Subsection 110(3) of the Act is replaced by the following:
Marginal note:Procedure
(3) Subject to subsections (3.1), (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 of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.
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