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

Marginal note:Regulations

• 14. (1) The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division.

• Marginal note:Regulations

  (2) The regulations may prescribe, and govern any matter relating to, classes of permanent residents or foreign nationals, including the classes referred to in section 12, and may include provisions respecting

  • (a) selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating all or some of those criteria and the circumstances in which an officer may substitute for those criteria their evaluation of the likelihood of a foreign national’s ability to become economically established in Canada;

  • (b) applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their family members;

  • (c) the number of applications that may be processed or approved in a year, the number of visas and other documents that may be issued in a year, and the measures to be taken when that number is exceeded;

  • (d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals;

  • (e) sponsorships, undertakings, and penalties for failure to comply with undertakings;

  • (f) deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister; and

  • (g) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national or sponsor.

Marginal note:Examination by officer

• 15. (1) An officer is authorized to proceed with an examination where a person makes an application to the officer in accordance with this Act.

• Marginal note:Provincial criteria

  (2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

• Marginal note:Inspection

  (3) An officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts and hold the means of transportation until the inspection and examination are completed.

• Marginal note:Instructions

  (4) The officer shall conduct the examination in accordance with any instructions that the Minister may give.

Marginal note:Obligation — answer truthfully

• 16. (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

• Marginal note:Obligation — relevant evidence

  (2) In the case of a foreign national,

  • (a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and

  • (b) the foreign national must submit to a medical examination on request.

• Marginal note:Evidence relating to identity

  (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.