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

Marginal note:Work and study in Canada

• 30. (1) A foreign national may not work or study in Canada unless authorized to do so under this Act.

• Marginal note:Authorization

  (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.

• Marginal note:Instructions

  (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.

• Marginal note:Concurrence of second officer

  (1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.

• Marginal note:Purpose

  (1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

• Marginal note:Publication

  (1.5) The instructions shall be published in the Canada Gazette.

• Marginal note:Application

  (1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada, including those that were filed before that day and for which a final decision has not been made.

• Marginal note:Revocation

  (1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.

• Marginal note:Minor children

  (2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.

Marginal note:Status document

• 31. (1) A permanent resident and a protected person shall be provided with a document indicating their status.

• Marginal note:Effect

  (2) For the purposes of this Act, unless an officer determines otherwise

  • (a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and

  • (b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.

• Marginal note:Travel document

  (3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that

  • (a) they comply with the residency obligation under section 28;

  • (b) an officer has made the determination referred to in paragraph 28(2)(c); or

  • (c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.