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

Act current to 2017-11-20 and last amended on 2017-10-18. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2010, c. 8, s. 15, as amended by 2012, c. 17, s. 60

      • 15 (1) Subsection 112(1) of the Act is replaced by the following:

        • Application for protection
          • 112 (1) Subject to subsection (1.1), a person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations and the rules of the Board, apply to the Refugee Protection Division for protection if they are subject to a removal order that is in force.

          • Application to Minister

            (1.1) In the case of a person described in subsection (3), the application for protection must be made to the Minister in accordance with the regulations.

          • Suspension of application

            (1.2) Despite subsection 105(1), proceedings of the Refugee Protection Division in respect of an application are suspended on notice by an officer that

            • (a) a report has been referred to the Immigration Division for a determination of whether the applicant is inadmissible on grounds of security, violating human or international rights, serious criminality — as referred to in paragraph (3)(b) — or organized criminality; or

            • (b) the applicant is the subject of an authority to proceed issued under section 15 of the Extradition Act.

          • Transfer — inadmissibility

            (1.3) On notice by an officer that the Immigration Division has made a determination that the applicant is inadmissible on the grounds referred to in paragraph (1.2)(a), consideration of the application is transferred to the Minister.

          • Continuation

            (1.4) On notice by an officer that the Immigration Division has made a determination that the applicant is not inadmissible on the grounds referred to in paragraph (1.2)(a), consideration of the application is continued by the Refugee Protection Division.

          • Termination after surrender under Extradition Act

            (1.5) If the applicant is ordered surrendered by the Minister of Justice under the Extradition Act, consideration of the application is terminated.

          • Continuation

            (1.6) If the applicant is finally discharged under the Extradition Act, consideration of the application is continued by the Refugee Protection Division.

          • Transfer: Refugee Convention

            (1.7) If the Refugee Protection Division makes a determination that the applicant is referred to in section F of Article 1 of the Refugee Convention, consideration of the application is transferred to the Minister.

      • (2) The portion of subsection 112(2) of the Act before paragraph (a) is replaced by the following:

        • Exception

          (2) Despite subsections (1) and (1.1), a person may not apply for protection if

      • (3) [In force]

      • (4) [In force]

      • (5) Subsection 112(3) 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) made an application for protection and the consideration of that application was transferred to the Minister under subsection (1.7); or

  • — 2010, c. 8, s. 16

    • 16 Paragraphs 113(a) and (b) of the Act are replaced by the following:

      • (a) an applicant whose claim for refugee protection or whose most recent application for protection, as the case may be, has been rejected may present only evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection;

      • (b) in the case of an applicant described in subsection 112(3), a hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required;

      • (b.1) subject to paragraphs (a) and (b.3), in the case of an applicant not described in subsection 112(3), the Refugee Protection Division must proceed without a hearing and may accept documentary evidence and written submissions from the Minister and the applicant;

      • (b.2) in the case of an applicant not described in subsection 112(3), paragraph (a) does not apply in respect of evidence that is presented in response to evidence presented by the Minister;

      • (b.3) in the case of an applicant not described in subsection 112(3), the Refugee Protection Division may hold a hearing if, in its opinion, there is documentary evidence referred to in paragraph (b.1)

        • (i) that raises a serious issue with respect to the credibility of the applicant,

        • (ii) that is central to the decision with respect to the application, and

        • (iii) that, if accepted, would justify allowing the application;

  • — 2010, c. 8, s. 16.1

    • 16.1 The Act is amended by adding the following after section 114:

      • Limitation
        • 114.1 (1) Subsections 114(3) and (4) apply in respect of a decision to allow an application for protection only if the application was made to the Minister under subsection 112(1.1) or transferred to the Minister under subsection 112(1.3) or (1.7).

        • Application of section 109

          (2) Section 109 applies to a decision made by the Refugee Protection Division to allow an application for protection as if it were a decision to allow a claim for refugee protection.

  • — 2010, c. 8, s. 25, as amended by 2012, c. 17, s. 65(F)

      • 25 (1) Paragraph 169(c) of the Act is replaced by the following:

        • (c) the decision may be rendered orally or in writing, except for a decision of the Refugee Protection Division in respect of an application for protection under subsection 112(1), which must be rendered in writing;

      • (2) Section 169 of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):

        • (e.1) notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must, in accordance with the regulations, be provided to the Minister, who must then provide the notice and reasons to the applicant in accordance with the regulations; and

      • (3) Section 169 of the Act is renumbered as subsection 169(1) and is amended by adding the following:

        • Regulations

          (2) The regulations may govern the time within which and the manner in which notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must be provided.

  • — 2010, c. 8, s. 27(1)

      • 27 (1) The portion of section 170 of the Act before paragraph (a) is replaced by the following:

        • Proceedings

          170 Except in respect of an application for protection made under subsection 112(1), the Refugee Protection Division, in any proceeding before it,

  • — 2010, c. 8, s. 27.1

    • 27.1 The Act is amended by adding the following after section 170:

      • Application for protection

        170.1 In respect of an application for protection under subsection 112(1), the Refugee Protection Division

        • (a) may inquire into any matter that it considers relevant to establishing whether an application is well-founded;

        • (b) must provide the Minister, on request, with the documentary evidence and written submissions of the applicant that are referred to in paragraph 113(b.1);

        • (c) must give notice of any hearing to the Minister and the applicant;

        • (d) subject to paragraph 113(a), must — if a hearing is held — give the applicant and the Minister the opportunity to present evidence, question witnesses and make submissions;

        • (e) may question the witnesses, including the applicant;

        • (f) is not bound by any legal or technical rules of evidence;

        • (g) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and

        • (h) may take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion that is within its specialized knowledge.

  • — 2010, c. 8, s. 37.1, as amended by 2012, c. 17, s. 68

    • Application for protection

      37.1 Subject to regulations made under subsection 201.1 of the Immigration and Refugee Protection Act, an application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with that Act, as amended by this Act.

  • — 2010, c. 8, s. 38

    • Application for protection

      38 For greater certainty, paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), does not apply if, before the day on which this section comes into force, an application for protection is made under subsection 112(1) of that Act.

  • — 2012, c. 17, s. 11(1)

      • 11 (1) Subsection 21(2) of the Act is replaced by the following:

        • Protected person

          (2) Except in the case of a person who is a member of a prescribed class of persons, a person who has made a claim for refugee protection or an application for protection and who has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, 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.

  • — 2012, c. 17, s. 31

      • 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:

        • 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).

  • — 2012, c. 17, s. 40

    • 40 The Act is amended by adding the following after section 113:

      • Regulations

        113.1 The regulations may include provisions respecting the time limits for the making of a decision by the Refugee Protection Division with respect to an application for protection, the extension of those time limits and the circumstances in which they do not apply.

  • — 2012, c. 17, s. 54

    • 54 The Act is amended by adding the following after section 201:

      • Subsection 15(1) of Balanced Refugee Reform Act

        201.1 The regulations may provide for measures regarding the transition — in respect of an application for protection — between this Act, as it read immediately before the day on which subsection 15(1) of the Balanced Refugee Reform Act comes into force, and this Act, as it read on the day on which that subsection comes into force.

  • — 2014, c. 39, s. 306

    • 2014, c. 20, s. 299

      306 Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:

      • Minister of Employment and Social Development

        (2.1) In making regulations under paragraphs 32(b.1) and (d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.

  • — 2014, c. 39, s. 308

    • 308 The Act is amended by adding the following after section 30:

      • Publication of employer names and addresses
        • 30.1 (1) The Minister or the Minister of Employment and Social Development may, in accordance with the regulations, publish on a list the name and address of an employer who has been found guilty of an offence arising out of the contravention of a provision of this Act that is designated in the regulations or an offence under any other federal or provincial law that regulates employment or the recruiting of employees and who

          • (a) has provided information in accordance with regulations made under paragraph 32(d.5) or employs or has employed a foreign national for whom a work permit is required; or

          • (b) has requested an assessment from the Department of Employment and Social Development with respect to an application for a work permit.

        • Removal of names and addresses

          (2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list.

  • — 2014, c. 39, s. 309(1)

      • 309 (1) Section 32 of the Act is amended by adding the following after paragraph (b):

        • (b.1) the publication and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;

  • — 2014, c. 39, s. 311

    • 311 The Act is amended by adding the following after section 89:

      • Fees for rights and privileges — assessments

        89.01 The regulations may

        • (a) govern fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit; and

        • (b) govern cases in which the fees referred to in paragraph (a) are waived.

  • — 2014, c. 39, s. 313(2)

      • 313 (2) Subsection 150.1(1) of the Act is amended by adding the following after paragraph (a):

        • (a.1) the collection, retention and use of a Social Insurance Number by the Minister of Employment and Social Development in respect of an assessment provided by the Department of Employment and Social Development or in respect of the compliance regime that applies to an employer, in relation to the employment of a foreign national or a permanent resident;

  • — 2015, c. 29, s. 2

    • 2 The Immigration and Refugee Protection Act is amended by adding the following after section 41:

      • Polygamy
        • 41.1 (1) A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national.

        • Interpretation

          (2) For the purposes of subsection (1), polygamy shall be interpreted in a manner consistent with paragraph 293(1)(a) of the Criminal Code.

  • — 2015, c. 36, s. 168

    • 168 Part 1 of the Immigration and Refugee Protection Act is amended by adding the following before Division 0.1:

      DIVISION 0.01Biometric Information

      • Biometric information

        10.01 A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted.

      • Regulations

        10.02 The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting

        • (a) restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies;

        • (b) the procedures for the collection and verification of biometric information;

        • (c) the biometric information that is to be collected;

        • (d) the circumstances in which a person is not required to provide certain biometric information;

        • (e) the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and

        • (f) the circumstances in which a person is exempt from the application of that section.

  • — 2015, c. 36, s. 169(2)

      • 169 (2) Section 11 of the Act is amended by adding the following after subsection (1.01):

        • Applications from within Canada

          (1.02) Subject to the regulations, a foreign national who has temporary resident status may apply for a visa or other document during their stay in Canada.

  • — 2015, c. 36, s. 170

    • 170 Section 11.1 of the Act is repealed.

  • — 2015, c. 36, s. 171(2)

      • 171 (2) Subsection 14(4) of the Act is repealed.

  • — 2015, c. 36, s. 174

    • 174 Paragraph 150.1(1)(d) of the Act is replaced by the following:

      • (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and

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