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

Marginal note:Special advocate

87.1 If the judge during the judicial review, or a court on appeal from the judge’s decision, is of the opinion that considerations of fairness and natural justice require that a special advocate be appointed to protect the interests of the permanent resident or foreign national, the judge or court shall appoint a special advocate from the list referred to in subsection 85(1). Sections 85.1 to 85.5 apply to the proceeding with any necessary modifications.

Regulations

Marginal note:Regulations

• 87.2 (1) The regulations may provide for any matter relating to the application of this Division and may include provisions respecting

  • (a) the conditions that must be imposed under subsection 77.1(1) or 82(6); and

  • (b) the conditions and qualifications that persons must meet to be included in the list referred to in subsection 85(1) and the additional qualifications that are assets that may be taken into account for that purpose.

• Marginal note:Requirements

  (2) The regulations

  • (a) shall require that, to be included in the list, persons be members in good standing of the bar of a province, not be employed in the federal public administration, and not otherwise be associated with the federal public administration in such a way as to impair their ability to protect the interests of the permanent resident or foreign national; and

  • (b) may include provisions respecting those requirements.

DIVISION 10General Provisions

Instructions on Processing Applications and Requests

Marginal note:Application

• 87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

• Marginal note:Clarification

  (1.1) For greater certainty, this section applies to a sponsorship application made under subsection 13(1) to sponsor a person referred to in subsection 99(2).

• Marginal note:Attainment of immigration goals

  (2) The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

• Marginal note:Instructions

  (3) For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions

  • (a) establishing categories of applications or requests to which the instructions apply;

  • (a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;

  • (b) establishing an order, by category or otherwise, for the processing of applications or requests;

  • (c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and

  • (d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.

• Marginal note:Application

  (3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.

• Marginal note:Clarification

  (3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.

• Marginal note:Compliance with instructions

  (4) Officers and persons authorized to exercise the powers of the Minister under section 25 shall comply with any instructions before processing an application or request or when processing one. If an application or request is not processed, it may be retained, returned or otherwise disposed of in accordance with the instructions of the Minister.

• Marginal note:Clarification

  (5) The fact that an application or request is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or other document, or grant the status or exemption, in relation to which the application or request is made.

• Marginal note:Publication

  (6) Instructions shall be published in the Canada Gazette.

• Marginal note:Clarification

  (7) Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which to administer this Act.

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.

Applications for Temporary Resident Visas, Work Permits and Study Permits

Marginal note:Order in council

• 87.31 (1) If the Governor in Council is of the opinion that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that country or territory who are in Canada, the Governor in Council may make an order specifying one or more of the following:

  • (a) applications for temporary resident visas, work permits or study permits, or any combination of those types of applications, made by any citizen or national of that foreign state or territory are not to be accepted for processing if they are received during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force;

  • (b) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; or

  • (c) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory 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 applications, citizens or nationals within a class of applications, citizens or nationals that is specified in the order;

  • (b) provide for the retention, return or other disposition of applications;

  • (c) if the processing of applications is terminated, provide for the repayment of fees paid in respect of those applications; and

  • (d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

• Marginal note:Clarification

  (3) The fact that an application is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or permit in relation to which the application is made.