Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
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Assented to 2026-03-26
PART 62001, c. 27Immigration and Refugee Protection Act (In-Canada Asylum System) (continued)
Coordinating Amendments
Marginal note:2023, c. 26
63 (1) If section 41 of this Act comes into force before the day on which subsection 284(2) of the Budget Implementation Act, 2023, No. 1 comes into force, then that subsection 284(2) is repealed.
(2) If section 41 of this Act and subsection 284(2) of the Budget Implementation Act, 2023, No. 1 come into force on the same day, then that subsection 284(2) is deemed never to have come into force and is repealed.
Coming into Force
Marginal note:Order in council
64 (1) Subject to subsection (2), the provisions of this Part, other than sections 30, 32, 33, 36 to 40, 46, 47, 50, 53, 54, 56, 57 and 59 to 63, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Section 45 comes into force on a day to be fixed by order of the Governor in Council but that day must not be before the day on which subsection 43(5) comes into force.
PART 72001, c. 27Immigration and Refugee Protection Act (Certain Measures in Respect of Applications and Documents)
65 The Immigration and Refugee Protection Act is amended by adding the following after section 11.2:
Marginal note:Termination — processing of application
11.3 An officer may terminate the processing of an application for a visa or other document in the prescribed circumstances.
66 Subsection 14(2) of the Act is amended by adding the following after paragraph (b):
(b.1) the circumstances in which an officer may terminate the processing of an application for a visa or other document;
67 The Act is amended by adding the following after section 20:
Marginal note:Document — cancellation, suspension or variation
20.01 (1) An officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document.
Marginal note:For greater certainty
(2) For greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document.
Marginal note:For greater certainty
(3) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.
68 Subsection 24(1) of the French version of the Act is replaced by the following:
Marginal note:Permis de séjour temporaire
24 (1) Devient résident temporaire l’étranger, dont l’agent estime qu’il est interdit de territoire ou ne se conforme pas à la présente loi, à qui il délivre, s’il estime que les circonstances le justifient, un permis de séjour temporaire — titre annulable en tout temps.
69 Subsection 26(1) of the Act is amended by adding the following after paragraph (b):
(b.01) the circumstances in which an officer may cancel, suspend or vary a visa or other document;
70 The Act is amended by adding the following after section 32:
DIVISION 3.1Examination — Foreign Nationals
Marginal note:Obligation — answer truthfully
32.1 (1) A foreign national who is outside Canada and who holds a permanent resident visa, temporary resident visa, electronic travel authorization, temporary resident permit or any other document must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, answer truthfully all questions put to them by an officer and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Marginal note:Obligation — appear for examination
(2) A foreign national who is outside Canada and who holds a document referred to in subsection (1) must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, appear for an examination, including a medical examination, on request of an officer.
Marginal note:For greater certainty
(3) For greater certainty, subsections (1) and (2) do not affect any other lawful authority relating to the conduct of an examination of foreign nationals.
Marginal note:Regulations
32.2 The regulations may prescribe the circumstances in which a foreign national who is outside Canada and who holds a document referred to in subsection 32.1(1) must appear for examination, answer truthfully all questions put to them and produce a visa and all relevant evidence and documents.
71 Paragraph 47(c) of the Act is replaced by the following:
(c) on cancellation of their temporary resident permit, other than cancellation by an order made under subsection 87.302(1).
72 The Act is amended by adding the following after section 87.3:
Orders Made in the Public Interest
Marginal note:Public interest
87.3001 For the purposes of subsections 87.301(1), 87.302(1) and 87.303(1) and (2), the making of an order is consistent with the public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security.
Marginal note:Order in council — applications
87.301 (1) The Governor in Council may make an order specifying one or more of the following, if the Governor in Council is of the opinion that it is in the public interest to do so:
(a) applications for permanent resident visas, temporary resident visas, electronic travel authorizations, work permits, study permits or any other documents, or any combination of those types of applications, made by foreign nationals are not to be accepted for processing if they are received during the period set out in the order or, if a period is not set out, during the period for which the order is in force;
(b) the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period set out in the order or, if a period is not set out, during the period for which the order is in force; or
(c) the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.
Marginal note:Other elements of order
(2) An order made under subsection (1) may
(a) restrict the application of the order to certain foreign nationals or to applications within a class of applications that is specified in the order;
(b) provide for the retention, return or other disposition of applications;
(c) specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)(a) or (b) are to be repaid and, if they are, that such a repayment is to be made without interest from the Consolidated Revenue Fund; and
(d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.
Marginal note:Termination — fees repaid
(3) An order made under subsection (1) must specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)(c) are to be repaid and, if they are, that the repayment is to be made without interest from the Consolidated Revenue Fund.
Marginal note:Order in council — documents
87.302 (1) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order,
(a) cancel or vary documents, including permanent resident visas, permanent resident cards, temporary resident visas, electronic travel authorizations, temporary resident permits, work permits or study permits;
(b) suspend such documents for the period set out in the order or, if a period is not set out, during the period for which the order is in force;
(c) impose or vary conditions on such documents — including a condition or requirement imposed under the provision of any other Act of Parliament, or of any regulations or orders made under such an Act, or one related to the compliance with any such provision — for the period set out in the order or, if a period is not set out, during the period for which the order is in force; or
(d) impose or vary such conditions on temporary residents for the period set out in the order or, if a period is not set out, during the period for which the order is in force.
Marginal note:For greater certainty
(1.1) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status or to grant or extend study permits or work permits.
Marginal note:Recommendation
(2) An order made under subsection (1) whose measures concern, in whole or in part, persons inside Canada must be made on the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness.
Marginal note:Other elements of order
(3) An order made under subsection (1) may
(a) restrict the application of the order to certain documents or individuals;
(b) provide for the return of documents; and
(c) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.
Marginal note:Amendments by Governor in Council
87.303 (1) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, amend or repeal any order made under subsection 87.301(1) or 87.302(1).
Marginal note:Amendments by Minister
(2) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, authorize the Minister, by order, to amend or repeal any order made under subsection 87.301(1) or 87.302(1), subject to any conditions that the Governor in Council may specify.
Marginal note:Concurrence
(3) If the amendment or repeal concerns, in whole or in part, persons in Canada, then it requires,
(a) in the case of an amendment or repeal made by the Governor in Council, the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness; or
(b) in the case of an amendment or repeal made by the Minister, the concurrence of the Minister of Public Safety and Emergency Preparedness.
Marginal note:Report to Parliament
87.3031 (1) If an order is made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after the day on which the order is made, a report setting out
(a) the reasons that the order was made;
(b) the number of applications or documents affected; and
(c) a description of the persons or groups affected by the order.
Marginal note:Referral to committee
(2) The report stands 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 the report.
Marginal note:Appearance of Minister
(3) At the request of the committee, the Minister must appear before it to explain the reasons for making the order and plans to prevent systemic fraud in the future.
Marginal note:Obligation
87.304 (1) A person must answer truthfully all questions put to them by an officer that relate to the application of an order made under subsection 87.302(1) and must produce a visa and all relevant evidence and documents that the officer reasonably requires for the purpose of the application of such an order.
Marginal note:Obligation — appear for examination
(2) A person must, on request of an officer, appear for an examination — including a medical examination — that relates to the application of an order made under subsection 87.302(1).
Marginal note:Non-application of Statutory Instruments Act
87.305 An order made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), or a ministerial order referred to in subsection 87.303(2), is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and must be published in the Canada Gazette not later than 23 days after the day on which it is made.
PART 82001, c. 27Immigration and Refugee Protection Act (Ineligibility)
Amendments to the Act
73 (1) Subsection 101(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (b):
(b.1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;
(b.2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations;
(2) Section 101 of the Act is amended by adding the following after subsection (1):
Marginal note:Paragraph (1)(b.1) — multiple entries
(1.1) For the purposes of paragraph (1)(b.1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that paragraph begins on the day after the day of their first entry.
Marginal note:Termination — processing
(1.2) If a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim.
74 Subsection 111.1(1) of the Act is amended by adding the following after paragraph (b):
(b.1) exceptions to the application of paragraph 101(1)(b.1);
(b.2) exceptions to the application of paragraph 101(1)(b.2);
Transitional Provision
Marginal note:Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1)
75 Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Act
(a) do not apply to a claim for refugee protection made before the day on which Bill C-2, introduced in the 1st session of the 45th Parliament and entitled An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures, was introduced; and
(b) apply to a claim for refugee protection made during the period beginning on the day on which that Bill was introduced and ending on the day before the day on which this Act receives royal assent.
Report
Marginal note:Report on new ground of ineligibility
75.1 (1) At the start of the fifth year after the day on which this Part comes into force, the Minister of Citizenship and Immigration must prepare a report in respect of the application of paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act.
Marginal note:Tabling
(2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is prepared.
Marginal note:Contents
(3) The report must include
(a) for the calendar year in which this Part came into force and each subsequent calendar year, the average number of days between the day on which a refugee protection claimant entered Canada and the day on which they made the claim, disaggregated by the type of immigration document held by the refugee protection claimant;
(b) the number of refugee protection claimants whose claims were ineligible by reason of paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act;
(c) the proportion of refugee protection claimants referred to in paragraph (b) who ex-ited and re-entered Canada after the day of entry referred to in paragraph 101(1)(b.1) of that Act;
(d) the number of refugee protection claimants referred to in paragraph (b) who applied for protection under subsection 112(1) of that Act, as well as the number of the claimants whose applications were allowed and the number of the claimants whose applications were not allowed; and
(e) any recommendations for changes in relation to the application of paragraph 101(1)(b.1) of that Act.
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