Immigration and Refugee Protection Act (S.C. 2001, c. 27)
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Act current to 2024-11-26 and last amended on 2024-08-19. Previous Versions
RELATED PROVISIONS
— 2008, c. 3, s. 6
Definition of the Act
6 In sections 7 to 10, the Act means the Immigration and Refugee Protection Act.
— 2008, c. 3, s. 7
Proceedings relating to reasonableness of certificates
7 (1) A proceeding relating to the reasonableness of a certificate referred to the Federal Court under subsection 77(1) of the Act is terminated on the coming into force of this Act.
Existing removal orders
(2) A removal order made against a person who is named in a certificate referred to the Federal Court under the Act, or under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, before this Act comes into force and who is in Canada when this Act comes into force ceases to have effect on that coming into force.
New certificates
(3) If, on the day on which this Act comes into force, the Minister of Public Safety and Emergency Preparedness and the Minister of Citizenship and Immigration sign a new certificate and refer it to the Federal Court under subsection 77(1) of the Act, as enacted by section 4 of this Act, the person who is named in the certificate
(a) shall, if they were detained under Division 9 of Part 1 of the Act when this Act comes into force, remain in detention without a new warrant for their arrest and detention having to be issued under section 81 of the Act, as enacted by section 4 of this Act; or
(b) shall, if they were released from detention under conditions under Division 9 of Part 1 of the Act when this Act comes into force, remain released under the same conditions unless a warrant for their arrest and detention is issued under section 81 of the Act, as enacted by section 4 of this Act.
Application for review of detention or conditions
(4) A person referred to in subsection (3) may apply to the Federal Court for a review of the reasons for their continued detention or of the reasons for continuing the conditions, as the case may be, within 60 days after the day on which this Act comes into force.
Review of detention
(5) If a person who is detained and who is entitled to make an application under subsection (4) does not do so, a judge shall commence a review of the reasons for the person’s continued detention at least once in the six-month period following the day on which this Act comes into force.
Review of conditions
(6) If a person who is released from detention under conditions and who is entitled to make an application under subsection (4) does not do so, they may apply to the Federal Court for a review of the reasons for continuing the conditions if a period of six months has expired since the day on which this Act comes into force.
Calculation of period for next review
(7) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4) of the Act, as enacted by section 4 of this Act, the conclusion of the preceding review is deemed to have taken place on the day on which a judge makes a decision under this section.
— 2008, c. 3, s. 8
Proceedings relating to section 112 or 115
8 (1) Any proceeding that involves a person who is named in a certificate and that relates to section 112 or 115 of the Act is terminated on the coming into force of this Act.
Persons subject to stay of removal
(2) A person who is named in a certificate referred to the Federal Court under subsection 77(1) of the Act, as enacted by section 4 of this Act, is not required to apply for protection under section 112 of the Act after the day on which this Act comes into force if a removal order made against them was stayed under subsection 114(1) of the Act when this Act comes into force unless the stay is cancelled under subsection 114(2) of the Act.
— 2008, c. 3, s. 9
Existing removal orders — section 86
9 (1) A removal order made against a person in a proceeding in which an application was made for the non-disclosure of information under section 86 of the Act, as it read immediately before the coming into force of this Act, ceases to have effect when this Act comes into force if the person is in Canada on that coming into force.
New reports on inadmissibility
(2) If the Minister of Public Safety and Emergency Preparedness refers a report to the Immigration Division under subsection 44(2) of the Act on the day on which this Act comes into force, then the person who is named in the report
(a) shall, if they were detained under Division 9 of Part 1 of the Act when this Act comes into force, remain in detention without a new warrant for their arrest and detention having to be issued under Division 6 of Part 1 of the Act; or
(b) shall, if they were released from detention under conditions under Division 9 of Part 1 of the Act when this Act comes into force, remain released under the same conditions unless a warrant for their arrest and detention is issued under Division 6 of Part 1 of the Act.
Calculation of period for next review
(3) If the Minister of Public Safety and Emergency Preparedness refers a report to the Immigration Division under subsection 44(2) of the Act on the day on which this Act comes into force, then, for the purpose of calculating the 30-day period referred to in subsection 57(2) of the Act, the previous review is deemed to have taken place on that day.
Proceedings under section 86
(4) On the coming into force of this Act, section 86 of the Act, as enacted by section 4 of this Act, applies to a proceeding that is pending or in progress immediately before that coming into force and in which an application was made for the non-disclosure of information under section 86 of the Act, as it read immediately before that coming into force.
— 2008, c. 3, s. 10
Proceedings under section 87
10 On the coming into force of this Act, sections 87 and 87.1 of the Act, as enacted by section 4 of this Act, apply to a proceeding that is pending or in progress immediately before that coming into force and in which an application was made for the non-disclosure of information under section 87 of the Act, as it read immediately before that coming into force.
— 2010, c. 8, s. 32
Humanitarian and compassionate considerations
32 Every request that is made under section 25 of the Immigration and Refugee Protection Act, as that Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with that Act as it read immediately before that day.
— 2010, c. 8, s. 33, as amended by 2012, c. 17, s. 66
Refugee protection claim referred
33 (1) Except its subsections 100(4) and (4.1), the Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection that is referred to the Refugee Protection Division before the day on which this section comes into force if, before that day, there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard.
Personal Information Form
(2) If a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules as they read immediately before the day on which this section comes into force, has not been submitted in respect of a claim that is referred to the Refugee Protection Division before that day and the time limit for submitting that Form has not expired, the claimant must submit that Form in accordance with those Rules, as they read on that day.
Hearing date
(3) If, before the day on which this section comes into force, no date has been fixed for the hearing before the Refugee Protection Division in respect of a claim that is referred to that Division before that day, an official of the Immigration and Refugee Board must fix the date on which the claimant is to attend the hearing.
— 2010, c. 8, s. 34, as amended by 2012, c. 17, s. 66
Member who is assigned
34 A member who is assigned to the Refugee Protection Division under paragraph 159(1)(b) of the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 19(1) of this Act comes into force, may, if authorized by the Chairperson, remain assigned to that Division. However, the member may hear and make decisions only in respect of claims for refugee protection referred to that Division before that day.
— 2010, c. 8, s. 35, as amended by 2012, c. 17, s. 67
Substantive evidence heard
35 (1) Every claim for refugee protection in respect of which substantive evidence has been heard before the day on which subsection 18(1) comes into force by a single member or a panel of three members of the Refugee Protection Division appointed under paragraph 153(1)(a) of the Immigration and Refugee Protection Act, as it read immediately before that day, must continue to be heard by that single member or panel in accordance with that Act, as it read immediately before that day.
Single member unable to continue
(2) If the single member is unable to continue to hear the claim, the claim must be referred to another member of the Refugee Protection Division, and that member must commence a new hearing in accordance with the Immigration and Refugee Protection Act, as amended by this Act.
Member of panel unable to continue
(3) If a member of the panel referred to in subsection (1) is unable to continue to hear the claim, the claim must continue to be heard by one of the two remaining members in accordance with the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 18(1) comes into force.
— 2010, c. 8, s. 36, as amended by 2012, c. 17, s. 68
No appeal
36 (1) A decision made by the Refugee Protection Division in respect of a claim for refugee protection that was referred to that Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.
Application made before expiry of 12-month waiting period
(2) An application made under subsection 112(1) of the Immigration and Refugee Protection Act before the day on which this section comes into force is terminated if it was made before the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of that Act, as enacted by subsection 15(3).
— 2010, c. 8, s. 37, as amended by 2012, c. 17, s. 68
Decision set aside in judicial review
37 If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and is to be considered in accordance with that Act, as amended by this Act. However, the member’s decision is not subject to appeal to the Refugee Appeal Division.
— 2010, c. 8, s. 39
Non-application
39 Paragraph 25(1.2)(b) of the Immigration and Refugee Protection Act, as enacted by subsection 4(1), does not apply to a refugee claimant whose claim is pending before the Refugee Protection Division on the day on which section 36 comes into force.
— 2010, c. 8, s. 40
Non-application
40 Paragraph 25(1.2)(c) of the Immigration and Refugee Protection Act, as enacted by subsection 4(1), does not apply to a refugee claimant whose claim is rejected or determined to be withdrawn or abandoned by the Refugee Protection Division before the day on which section 36 comes into force.
— 2011, c. 8, s. 5
Persons authorized to represent, advise or consult
5 Despite subsection 91(1) of the Immigration and Refugee Protection Act, as enacted by section 1 of this Act, a person — other than a member in good standing of a bar of a province or of the Chambre des notaires du Québec — who, immediately before the coming into force of this section, was authorized under regulations made under the Immigration and Refugee Protection Act to, for a fee, represent, advise or consult with a person who was the subject of a proceeding or application before the Minister of Citizenship and Immigration, an officer designated under subsection 6(1) of that Act or the Immigration and Refugee Board, may represent or advise a person for consideration — or offer to do so — in connection with a proceeding — other than a proceeding before a superior court — or application under that Act until regulations made under subsection 91(5) of that Act, as enacted by section 1 of this Act, come into force.
— 2012, c. 1, par. 165(d)
Pardons in effect — references in other legislation
165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:
(d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;
— 2012, c. 17, s. 79
Definition of the Act
79 In sections 80 to 83.1, the Act means the Immigration and Refugee Protection Act.
— 2012, c. 17, s. 80
Humanitarian and compassionate and public policy considerations
80 Every request that is made under subsection 25(1) of the Act or for the purposes of subsection 25.2(1) of the Act, as the Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with the Act as it read immediately before that day.
— 2012, c. 17, s. 81
Designation under section 20.1
81 (1) A designation may be made under subsection 20.1(1) of the Act, as enacted by section 10, in respect of an arrival in Canada — after March 31, 2009 but before the day on which this section comes into force — of a group of persons.
Effects of designation to apply
(2) For greater certainty and subject to subsection (3), if a designation that is authorized under subsection (1) is made, then the definition designated foreign national in subsection 2(1) of the Act, as enacted by section 2, and any provisions of the Act, as enacted by this Act, that provide for the effects of the designation apply.
Exception — person not in detention
(3) If a designation that is authorized under subsection (1) is made, then paragraph 55(3.1)(b) of the Act, as enacted by subsection 23(3), does not apply in respect of a person who, as a result of that designation, becomes a designated foreign national and who, on the day on which this section comes into force, is not in detention under Division 6 of Part 1 of the Act.
— 2012, c. 17, s. 82
Review of grounds for detention
82 Paragraph 58(1)(c) of the Act, as enacted by subsection 26(1), applies in respect of a person who, on the day on which this section comes into force, is in detention under Division 6 of Part 1 of the Act.
— 2012, c. 17, s. 83
Claim made and referred
83 (1) Subsection 99(3.1) of the Act, as enacted by section 33, does not apply in respect of a claim for refugee protection that is referred to the Refugee Protection Division before the day on which that section 33 comes into force.
Claim made but not referred
(2) A person who makes a claim for refugee protection inside Canada other than at a port of entry before the day on which section 33 comes into force but whose claim is not referred to the Refugee Protection Division before that day must comply with the requirements of subsection 99(3.1) of the Act, as enacted by section 33. However, the person must provide the documents and information to the Refugee Protection Division rather than to an officer.
— 2012, c. 17, s. 83.1
Application made before expiry of 12-month waiting period
83.1 An application made under subsection 112(1) of the Act before the day on which this section comes into force is terminated if it was made before the expiry of the 12-month period referred to in paragraph 112(2)(c) of the Act, as enacted by subsection 38(1.1).
— 2013, c. 16, s. 28
Definition of the Act
28 In sections 29 to 35, the Act means the Immigration and Refugee Protection Act.
— 2013, c. 16, s. 29
Humanitarian and compassionate considerations
29 Subsection 25(1) of the Act, as it read immediately before the day on which section 9 comes into force, continues to apply in respect of a request made under that subsection 25(1) if, before the day on which section 9 comes into force, no decision has been made in respect of the request.
— 2013, c. 16, s. 30
Imposition of conditions by officer
30 (1) When circumstances permit the officer to do so, an officer referred to in subsection 44(4) of the Act must impose the conditions referred to in that subsection on a permanent resident or foreign national who, on the day on which this section comes into force,
(a) is the subject of either a report on inadmissibility on grounds of security that was referred to the Immigration Division before the day on which this section comes into force or a removal order for inadmissibility on grounds of security that was made before the day on which this section comes into force;
(b) is not detained; and
(c) is not subject to a release order with conditions that was made under section 58 of the Act.
Deemed imposition
(2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 44(4) of the Act.
— 2013, c. 16, s. 31, as amended by 2013, c. 16, par. 36(7)(b)
Imposition of conditions by Immigration Division
31 (1) On application by the Minister of Public Safety and Emergency Preparedness, the Immigration Division must vary a release order with conditions that was made under section 58 of the Act before the day on which this section comes into force in order to impose the conditions referred to in subsection 58(5) of the Act on a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security or a removal order for inadmissibility on grounds of security.
Deemed imposition
(2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 58(5) of the Act.
— 2013, c. 16, s. 32
Appeal
32 Subsection 64(2) of the Act, as it read immediately before the day on which section 24 comes into force, continues to apply in respect of a person who had a right of appeal under subsection 63(1) of the Act before the day on which section 24 comes into force.
— 2013, c. 16, s. 33
Appeal
33 Subsection 64(2) of the Act, as it read immediately before the day on which section 24 comes into force, continues to apply in respect of a person who is the subject of a report that is referred to the Immigration Division under subsection 44(2) of the Act before the day on which section 24 comes into force.
— 2013, c. 16, s. 34
Imposition of conditions by the Minister
34 Section 77.1 of the Act applies with respect to a certificate that was referred to the Federal Court before the day on which this section comes into force.
— 2013, c. 16, s. 35
Imposition of conditions by judge
35 (1) On application by the Minister of Public Safety and Emergency Preparedness, a judge, as defined in section 76 of the Act, must vary an order that was made under paragraph 82(5)(b) of the Act before the day on which this section comes into force in order to impose the conditions referred to in subsection 82(6) of the Act on a permanent resident or foreign national who is named in a certificate stating that they are inadmissible on grounds of security.
Deemed imposition
(2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 82(6) of the Act.
— 2013, c. 33, s. 167
No appeal to Refugee Appeal Division
167 A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that Division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Division Rules after the day on which this section comes into force.
— 2013, c. 33, s. 168
Decision set aside in judicial review
168 If a decision referred to in section 167 is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act. The member’s decision is not subject to appeal to the Refugee Appeal Division.
— 2015, c. 20, s. 61
Cases excluded from application of this Part
61 The amendments made by this Part do not apply in respect of an application, proceeding or matter that is pending or in progress under Division 9 of Part 1 of the Immigration and Refugee Protection Act immediately before the coming into force of this Part, or in respect of any appeal or judicial review, commenced on or after that coming into force, of a decision made in such an application, proceeding or matter.
— 2019, c. 29, s. 309
Prior claim for refugee protection made to another country
309 If a Bill introduced in the 1st session of the 42nd Parliament and entitled the Budget Implementation Act, 2019, No. 1 receives royal assent, paragraph 101(1)(c.1) of the Immigration and Refugee Protection Act
(a) does not apply to a claim for refugee protection made before the day on which the Bill is introduced; and
(b) applies to a claim for refugee protection made during the period beginning on the day on which the Bill is introduced and ending on the day on which it receives royal assent, unless, as of the day on which it receives royal assent, substantive evidence has been heard by the Refugee Protection Division in respect of the claim or that Division has allowed the claim without a hearing.
— 2023, c. 19, s. 13
Sanctions made before coming into force
13 For greater certainty, subsection 35.1(1) of the Immigration and Refugee Protection Act applies in respect of a foreign national whose entry into or stay in Canada is restricted under a decision, resolution or measure referred to in paragraph 35.1(1)(a) of that Act made before the day on which this Act receives royal assent, or who is the subject of an order or regulation referred to in paragraph 35.1(1)(b) or (c) of that Act made before that day, as long as the decision, resolution, measure, order or regulation is in effect on that day.
— 2023, c. 19, s. 23
Referral to committee
23 (1) As soon as possible after the third anniversary of the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing those provisions.
Report
(2) The committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
— 2023, c. 21, s. 4
Report
4 (1) The Minister of Citizenship and Immigration must prepare a report in respect of a reduction to the minimum income requirement that the child or grandchild of a foreign national must meet in order for the foreign national to be able to enter and remain in Canada for an extended period to visit that child or grandchild, including in respect of any special circumstances to be taken into account in the processing of temporary resident visa applications and a review process for the decisions made in relation to those applications.
Tabling
(2) The Minister must cause the report to be tabled in each House of Parliament no later than one year after this Act receives royal assent or, if either House is not then sitting, on any of the first 15 days on which that House is sitting.
Publication
(3) The Minister must publish the report on the website of the Department of Citizenship and Immigration within 10 days after the day on which it is tabled in a House of Parliament.
— 2023, c. 21, s. 5
Explanation
5 If, within two years after this Act receives royal assent, the Minister of Citizenship and Immigration does not provide for a reduction to the minimum income requirement that the child or grandchild of a foreign national must meet in order for the foreign national to be able to enter and remain in Canada for an extended period to visit that child or grandchild or the circumstances or review process referred to in subsection 4(1), the Minister must table in each House of Parliament a statement of the reasons for not doing so.
— 2023, c. 32, s. 72.1
Rights of Indigenous peoples
72.1 (1) The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Definition of Indigenous peoples
(2) In subsection (1), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.
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