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

Act current to 2024-02-06 and last amended on 2023-12-15. Previous Versions

PART 4.1Electronic Administration (continued)

Marginal note:Conditions for electronic version

 A requirement under this Act to provide a signature, or to make an application, request, claim, decision or determination, or to submit or issue any document, or to give notice or provide information, or to submit a document in its original form, is satisfied by its electronic version, if

  • (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

  • (b) any other requirements that may be prescribed have been met.

  • 2015, c. 36, s. 175

Marginal note:Regulations

  •  (1) The regulations may provide for any matter respecting the application of section 186.1 and paragraph 186.2(b), and may include provisions respecting

    • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

    • (b) the date and time when, and the place where, an electronic version of an application, request, claim, notice, decision, determination, document or any information is deemed to be sent or received.

  • Marginal note:Requirement to use electronic means

    (2) The regulations may require a foreign national or another individual who, or entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application, request or claim may be made, the document may be submitted or the information may be provided by other means and respecting those other means.

  • Marginal note:Minister’s power

    (3) The regulations may prescribe the circumstances in which the Minister may require a foreign national or another individual who, or an entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

  • Marginal note:Electronic payments

    (4) The regulations may

    • (a) require that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system;

    • (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

    • (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

  • Marginal note:Incorporation by reference

    (5) The regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they exist on a specified date or as amended from time to time.

  • 2015, c. 36, s. 175

Marginal note:Clarification

 If any provision of this Act or the regulations authorizes an officer or another individual to require a foreign national or another individual or an entity to submit a visa or other document or to provide information, the officer or individual is not precluded by this Part from requiring the foreign national, other individual or entity to submit the visa or other document or to provide the information, as the case may be, in accordance with that provision.

  • 2015, c. 36, s. 175

PART 5Transitional Provisions, Consequential and Related Amendments, Coordinating Amendments, Repeals and Coming into Force

Transitional Provisions

Marginal note:Definition of former Act

 For the purposes of sections 188 to 201, former Act means the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, and, where applicable, the regulations and rules made under it.

Marginal note:Continuation

  •  (1) The Immigration and Refugee Board continued by section 57 of the former Act is hereby continued.

  • Marginal note:Chairperson, Deputy Chairpersons, Assistant Deputy Chairpersons

    (2) The Chairperson, Deputy Chairpersons and Assistant Deputy Chairpersons appointed under the former Act continue in the same capacity with the Board until the expiry or revocation of their respective appointments.

  • Marginal note:Continuation — members

    (3) A member appointed under the former Act to the Convention Refugee Determination Division or the Immigration Appeal Division continues in office as a member of the Board until the expiry or revocation of their appointment.

  • Marginal note:Executive Director

    Footnote *(4) The person who, on the coming into force of this section, held the office of Executive Director of the Board is deemed to have been appointed to that office under section 158, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that coming into force.

Marginal note:Powers

Footnote * Sections 94.6, 102.001 to 102.003 and 107.1 of the former Act are, despite paragraph 274(a), deemed not to be repealed and the Minister may exercise any of the powers described in those sections with respect to any business or fund that was approved by the Minister before the coming into force of paragraph 274(a).

Marginal note:Application of this Act

Footnote * Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.

Marginal note:Convention Refugee Determination Division

Footnote * Every application, proceeding or matter before the Convention Refugee Determination Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division of the Board.

Marginal note:Immigration Appeal Division

Footnote * If a notice of appeal has been filed with the Immigration Appeal Division immediately before the coming into force of this section, the appeal shall be continued under the former Act by the Immigration Appeal Division of the Board.

Marginal note:Continuation by Immigration Division

Footnote * Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board.

Marginal note:Refugee Protection Division

 In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 110.

Marginal note:Convention Refugee Determination Division

 A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.

Marginal note:Appeals

 Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made because of section 64 of this Act.

  • 2001, c. 27, s. 196
  • 2015, c. 3, s. 117(F)

Marginal note:Stays

 Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection 68(4) of this Act.

  • 2001, c. 27, s. 197
  • 2015, c. 3, s. 117(F)

Marginal note:Refugee Protection Division

 The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

  • 2001, c. 27, s. 198
  • 2002, c. 8, s. 194

Marginal note:Redetermination

 Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.

Marginal note:Exclusion

Footnote * Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.

Marginal note:Regulations

 The regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of persons who will be subject in whole or in part to this Act or the former Act and measures regarding financial and enforcement matters.

Consequential and Related Amendments

Access to Information Act

 [Amendment]

Agricultural Marketing Programs Act

 [Amendment]

Animal Pedigree Act

 [Amendments]

Bank Act

 [Amendment]

Budget Implementation Act, 1998

 [Amendment]

Business Development Bank of Canada Act

 [Amendments]

Canada Business Corporations Act

 [Amendment]

Canada Customs and Revenue Agency Act

 [Amendment]

Canada Elections Act

 [Amendments]

Canada Labour Code

 [Amendment]

Canada Shipping Act

 [Amendments]

Canada Student Financial Assistance Act

 [Amendment]

Canada Student Loans Act

 [Amendment]

Canada Transportation Act

 [Amendments]

Canadian Security Intelligence Service Act

 [Amendments]

Chemical Weapons Convention Implementation Act

 [Amendment]

Citizenship Act

 [Amendments]

Comprehensive Nuclear Test-Ban Treaty Implementation Act

 [Amendment]

Cooperative Credit Associations Act

 [Amendment]

Copyright Act

 [Amendments]

Corrections and Conditional Release Act

 [Amendments]

Criminal Code

 [Amendment]

 [Repealed, 2004, c. 15, s. 110]

 [Amendments]

Emergencies Act

 [Amendments]

Extradition Act

 [Amendments]

Foreign Publishers Advertising Services Act

 [Amendments]

Income Tax Act

 [Amendment]

Insurance Companies Act

 [Amendment]

International Centre for Human Rights and Democratic Development Act

 [Amendments]

Investment Canada Act

 [Amendment]

Labour Adjustment Benefits Act

 [Amendment]

Mutual Legal Assistance in Criminal Matters Act

 [Amendments]

National Energy Board Act

 [Amendment]

Old Age Security Act

 [Amendments]

Pilotage Act

 [Amendment]

Privacy Act

 [Amendment]

Proceeds of Crime (Money Laundering) Act

 [Amendment]

Trade-marks Act

 [Amendment]

Trust and Loan Companies Act

 [Amendment]

Terminology

Marginal note:Terminology

 Unless the context requires otherwise, “Immigration Act” is replaced by “Immigration and Refugee Protection Act” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred by or under an Act of Parliament, or

    • (ii) by or under the authority of the Governor in Council.

Coordinating Amendments

 [Amendments]

Repeals

 [Repeals]

Coming Into Force

Marginal note:Order in council

Footnote * Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 1 and 4 in force December 6, 2001, see SI/2001-119; sections 2, 3, 5 to 72, 74 to 109, 112 to 170, 172 to 193, 196 to 244 and 246 to 274 in force June 28, 2002, see SI/2002-97; sections 73, 110, 111, 171, 194 and 195 in force December 15, 2012, see SI/2012-94.]

  • 2001, c. 27, s. 275
  • 2010, c. 8, s. 31
  • 2012, c. 17, s. 55
 

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