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| Examination
by designated
officer
|
15. (1) A designated officer is authorized to
proceed with the examination described in
subsection (2) when a person makes an
application to the officer in accordance with
this Act or if the officer believes that a foreign
national may be inadmissible.
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| Objectives of
examination
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(2) The designated officer shall examine
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(a) whether a person, on entering Canada, is
a Canadian citizen within the meaning of
the Citizenship Act or a person registered as
an Indian under the Indian Act;
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(b) whether a foreign national
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(i) on entering Canada, has permanent
resident status, and
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(ii) at any time, is inadmissible;
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(c) whether a foreign national other than a
permanent resident
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(i) prior to entering Canada, met the
requirements of this Act or the selection
criteria that are applicable to the foreign
national,
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(ii) on entering Canada, possesses the
visa or other documents required under
this Act, and
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(iii) at any time, is inadmissible; and
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(d) whether a sponsor meets the sponsorship
requirements of this Act.
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| Obligation -
answer
truthfully
|
(3) The person being examined must
answer truthfully all questions put to them for
the purpose of the examination, must produce
a visa and all relevant evidence and
documents that the designated officer
reasonably requires and, in the case of a
person referred to in paragraph (2)(c), submit
to a medical examination on request.
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| Instructions of
Minister
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(4) The designated officer shall conduct the
examination in accordance with any
instructions that the Minister may give.
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| Rights of
designated
officers
|
16. A designated 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 of it and
hold the means of transportation until the
inspection and examination are completed.
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| Regulations
|
17. Regulations may be made to provide for
any matter relating to the application of this
Division, and may include provisions
respecting the conduct of examinations.
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Entering and Remaining
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| Examination
by
immigration
officer
|
18. Every person seeking to enter Canada
must appear for an examination to determine
whether that person may be authorized to
enter and remain in Canada.
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| Right to enter
and remain -
citizens and
Indians
|
19. (1) Every Canadian citizen within the
meaning of the Citizenship Act and every
person registered as an Indian under the Indian
Act has the right to enter and remain in Canada
in accordance with this Act, and a designated
officer shall allow them to enter Canada if
satisfied that the person is a citizen or
registered Indian.
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| Right to
enter -
permanent
residents
|
(2) A designated officer shall allow a
permanent resident to enter Canada if satisfied
following an examination on their entry that
the person has permanent resident status and
meets the requirements of this Act.
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Authorization to Enter and Remain
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| Granting
permanent
residence
|
20. (1) A designated officer shall authorize
a foreign national who holds a visa or other
required document to enter and remain in
Canada as a permanent resident if satisfied
following an examination that the foreign
national is not inadmissible, meets the
requirements of this Act and has come to
Canada in order to establish permanent
residence.
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| Granting
temporary
residence
|
(2) A designated officer shall authorize a
foreign national who holds a visa or other
required document to enter and remain in
Canada as a temporary resident if satisfied
following an examination that the foreign
national is not inadmissible, meets the
requirements of this Act, and will leave
Canada by the end of the authorized period
unless otherwise authorized under this Part.
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| Entry to
complete
examination
|
(3) A designated officer may authorize a
person to enter Canada for the purpose of an
examination under this Part.
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| Dual intent
|
(4) An intention by a foreign national to
become a permanent resident does not
preclude them from being authorized to enter
and remain in Canada as a temporary resident
if the designated officer is satisfied that they
will leave Canada no later than by the end of
the authorized period.
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| Permit to
enter and
remain
temporarily
|
21. (1) A designated officer, if of the
opinion that it is justified in the circumstances,
may issue a permit to enter or remain in
Canada on a temporary basis to a foreign
national whom the officer believes to be
inadmissible or to otherwise not meet the
requirements of this Act. However, the permit
may be cancelled at any time.
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| Instructions of
Minister
|
(2) In applying subsection (1), the
designated officer shall act in accordance with
any instructions that the Minister may make.
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| Humanitarian
and
compassionat
e
considerations
|
22. (1) The Minister may, in the Minister's
discretion, examine the circumstances
concerning a foreign national who is
inadmissible or who otherwise does not meet
the requirements of this Act, and authorize the
foreign national to enter or remain in Canada
as a permanent resident if the Minister is of the
opinion that it is justified by humanitarian and
compassionate considerations relating to the
foreign national or by public policy
considerations.
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| Children
|
(2) In making a decision under subsection
(1), the Minister must take into account the
best interests of a child directly affected by the
decision.
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| Regulations
|
23. Regulations may be made to provide for
any matter relating to the application of
sections 18 to 22, and may include provisions
respecting entering and remaining in Canada.
They may also include provisions respecting
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(a) applications to enter and remain in
Canada and their approval or refusal;
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(c) the circumstances in which all or part of
the considerations referred to in sections 21
and 22 may apply;
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(d) conditions that a designated officer may,
or is required to, impose, individually or by
class, with respect to entering and
remaining in Canada; and
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(e) deposits or guarantees of the
performance of obligations under this Act
that are to be given to the Minister.
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Rights and Obligations of Permanent and
Temporary Residents
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| Right of
permanent
residents
|
24. (1) A permanent resident of Canada has
the right to enter and remain in Canada,
subject to the provisions of this Act.
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| Obligation of
permanent
residents
|
(2) A permanent resident must be
physically present in Canada for at least 730
days in each five-year period after being
authorized to enter and remain in Canada, and
must comply with any conditions attached to
the authorization and with any requirements
under this Act.
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| Deemed
presence in
Canada
|
(3) A person who is outside Canada is
deemed to be physically present in Canada on
a day that the person is
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(a) accompanying a Canadian citizen who
is their spouse or common-law partner or, in
the case of a minor child, their parent;
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(b) employed on a full-time basis by a
Canadian business or in the public service
of Canada or of a province; or
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(c) accompanying a permanent resident
who is their spouse or common-law partner
or, in the case of a minor child, their parent
and who is employed on a full-time basis by
a Canadian business or in the public service
of Canada or of a province.
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| Right of
temporary
residents
|
25. (1) A temporary resident is, subject to
the provisions of this Act, authorized to enter
and remain in Canada on a temporary basis as
a visitor or as a permit-holder under section
21.
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| Obligation -
temporary
resident
|
(2) A temporary resident must comply with
any conditions attached to their authorization
to enter and remain in Canada and with any
requirements under this Act, must leave
Canada before the end of the period
authorized for their stay, and may re-enter
Canada only if their authorization provides for
re-entry.
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| Work and
study in
Canada
|
26. (1) A foreign national, other than a
permanent resident, may not work or study in
Canada unless authorized to do so under this
Act.
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| Minor
children
|
(2) A minor child in Canada does not
require an authorization to study at the
pre-school, primary or secondary level.
However, the minor child of a temporary
resident requires the authorization if the
temporary resident is not authorized to work
or study in Canada.
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|
Proof of Residence
|
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| Permanent
resident or
temporary
resident card
|
27. (1) A permanent resident is to be
provided with a document that is proof of that
status, and a temporary resident may be
provided with a document that is proof of that
status.
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| Document
proves
residence
|
(2) Unless a designated officer determines
otherwise
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(a) a document referred to in subsection (1)
is proof of status so long as it is valid; and
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(b) a foreign national who is outside Canada
and who does not present a valid document
proving status is presumed not to be a
permanent resident or a temporary resident.
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|
Regulations
|
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| Regulations
|
28. Regulations may be made to provide for
any matter relating to the application of
sections 24 to 27, and may define the terms
used in those sections. The regulations may
include provisions respecting
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(a) classes of temporary residents, such as
those for students and workers;
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(b) selection criteria for each class of
foreign national and for their dependants,
and the procedures for evaluating all or
some of those criteria;
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(c) anything referred to in paragraph (b) for
which a decision or recommendation may
or shall be made to the Minister by a
designated person, institution or
organization;
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(d) the conditions that must or may be
imposed, individually or by class, including
conditions that may be attached to
authorizations to study or work in Canada;
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(e) physical presence in Canada, the
circumstances in which a foreign national is
deemed to be physically present and the
means of calculating periods of physical
presence; and
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(f) the circumstances in which proof of
status may or shall be issued, renewed or
revoked.
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| Rules of
interpretation
|
29. The matters referred to in sections 30 to
33 that constitute inadmissibility are those for
which, unless otherwise provided, there are
reasonable grounds to believe that they have
occurred, are occurring or may occur, and
include omissions.
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| Security
|
30. (1) A foreign national is inadmissible on
security grounds for
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(a) engaging in espionage or an act of
subversion against a democratic
government, institution or process as they
are understood in Canada;
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(b) engaging in or instigating the subversion
by force of any government;
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(c) engaging in terrorism;
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(d) being a danger to the security of Canada;
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(e) engaging in acts of violence that would
or might endanger the lives or safety of
persons in Canada; or
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(f) being a member of an organization that
there are reasonable grounds to believe
engages, has engaged or will engage in acts
referred to in paragraph (a), (b) or (c).
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| Exception
|
(2) The matters referred to in subsection (1)
do not constitute inadmissibility in respect of
a foreign national who satisfies the Minister
that their presence in Canada would not be
detrimental to the national interest.
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|
| Human rights
violations
|
31. (1) A foreign national is inadmissible on
grounds of violating human rights for
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(a) committing an act outside Canada that
constitutes a war crime or a crime against
humanity within the meaning of subsection
7(3.76) of the Criminal Code that, if
committed in Canada, would constitute an
offence against the laws of Canada in force
at the time of the act;
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(b) being a prescribed senior official in the
service of a government that, in the opinion
of the Minister, engages or has engaged in
terrorism, systematic or gross human rights
violations or war crimes or crimes against
humanity within the meaning of subsection
7(3.76) of the Criminal Code; or
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(c) being a representative of a government
against which Canada has imposed or has
agreed to impose sanctions in association
with the international community.
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| Exception
|
(2) Paragraphs (1)(b) and (c) do not apply in
the case of a foreign national who satisfies the
Minister that the foreign national's presence
in Canada would not be detrimental to the
national interest.
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|
| Serious
criminality
|
32. (1) A foreign national is inadmissible on
grounds of serious criminality for
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(a) having been convicted in Canada of an
offence under an Act of Parliament that may
be punished by a maximum term of
imprisonment of at least 10 years or of an
offence under an Act of Parliament for
which a term of imprisonment of more than
six months has been imposed;
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|
(b) having been convicted of an offence
outside Canada that, if committed in
Canada, would constitute an offence under
an Act of Parliament that may be punished
by a maximum term of imprisonment of at
least 10 years; or
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|
(c) committing an act outside Canada that is
an offence in the place where it was
committed and that, if committed in
Canada, would constitute an offence under
an Act of Parliament that may be punished
by a maximum term of imprisonment of at
least 10 years.
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|
| Serious
criminality -
refugee
claimants
|
(2) For the purposes of Part 2, but not for the
purpose of granting permanent resident status,
a foreign national is inadmissible on grounds
of serious criminality for
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|
(a) having been convicted in Canada of an
offence under an Act of Parliament that may
be punished by a maximum term of
imprisonment of at least 10 years and for
which a sentence of at least two years was
imposed; or
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|
(b) having been convicted of an offence
outside Canada that, if committed in
Canada, would constitute an offence under
an Act of Parliament that may be punished
by a maximum term of imprisonment of at
least 10 years.
|
|
| Criminality -
non-permanen
t resident
|
(3) A foreign national who is not a
permanent resident is inadmissible on grounds
of criminality for
|
|
|
|
(a) having been convicted in Canada of an
offence under an Act of Parliament that may
be punished by way of indictment, or of two
offences under an Act of Parliament not
arising out of a single occurrence;
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|
(b) having been convicted outside Canada
|
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|
(i) of an offence that, if committed in
Canada, would constitute an indictable
offence under an Act of Parliament, or
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|
(ii) of two offences not arising out of a
single occurrence that, if committed in
Canada, would constitute offences under
an Act of Parliament;
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