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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-31 |
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An Act respecting immigration to Canada and
the granting of refugee protection to
persons who are displaced, persecuted or
in danger
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Immigration
and Refugee Protection Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``Board'' « Commission »
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``Board'' means the Immigration and Refugee
Board and consists of the Refugee
Protection Division, Refugee Appeal
Division, Immigration Division and
Immigration Appeal Division.
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``Convention
Against
Torture'' « Convention contre la torture »
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``Convention Against Torture'' means the
Convention Against Torture and Other
Cruel, Inhuman and Degrading Treatment
or Punishment signed at New York on
December 10, 1984. Article 1 of the
Convention Against Torture is set out in the
schedule.
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``foreign
national''
Version
anglaise
seulement
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``foreign national'' means a person who is not
a Canadian citizen, and includes a stateless
person.
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``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by
regulations made by the Governor in
Council.
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``Refugee
Convention'' « Convention sur les refugiés »
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``Refugee Convention'' means the United
Nations Convention Relating to the Status
of Refugees, signed at Geneva on July 28,
1951, and the Protocol to that Convention,
signed at New York City on January 31,
1967. Sections E and F of Article 1 of the
Refugee Convention are set out in the
schedule.
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Act includes
regulations
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(2) Unless otherwise indicated, references
in this Act to ``this Act'' include regulations
made under it.
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OBJECTIVES AND APPLICATION |
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Objectives -
immigration
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3. (1) The objectives of this Act with respect
to immigration are
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Objectives -
refugees
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(2) The objectives of this Act with respect
to refugees are
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Application
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(3) This Act is to be construed and applied
in a manner that
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ENABLING AUTHORITY |
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Minister
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4. The Minister responsible for the
administration of this Act is the member of the
Queen's Privy Council who is designated as
such by the Governor in Council.
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Regulations
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5. Except as otherwise provided, the
Governor in Council may make all regulations
referred to in this Act, and may make any other
regulations that the Governor in Council
considers necessary to carry out the objectives
of this Act.
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Designated
officers
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6. (1) The Minister may designate persons
or classes of persons as designated officers to
carry out any purpose of the provisions of this
Act and shall specify the powers and duties of
designated officers.
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Delegation of
powers
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(2) Anything that may be done by the
Minister under this Act may be done by a
person that the Minister authorizes in writing,
without proof of the authenticity of the
authorization. However, the Minister may not
delegate any powers provided for in
subsection 30(2) or 31(2) or paragraph
33(2)(a) (Minister's opinion) or in section 71
(signing of certificate) or 73 (Minister's
opinion) or paragraph 107(4)(b) (protection)
or 108(2)(b) (non-removal).
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AGREEMENTS WITH GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS |
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International
agreements
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7. The Minister, with the approval of the
Governor in Council, may enter into an
agreement with the government of a foreign
state or with an international organization for
the purposes of this Act.
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Federal-provi
n- cial agreements
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8. (1) The Minister, with the approval of the
Governor in Council, may enter into an
agreement with the government of any
province for the purposes of this Act. The
Minister must publish, once a year, a list of the
federal-provincial agreements that are in
force.
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Consistency
with
agreement
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(2) Subject to subsection (3) but despite the
other provisions of this Act, the selection of
foreign nationals, sponsorship and
authorizations for foreign nationals to enter
and remain in Canada under this Act, and any
regulations that are made with respect to those
matters, must be consistent with the
federal-provincial agreements.
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Inadmissi- bility not limited
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(3) Subsection (2) is not to be construed to
limit the application of any provision of this
Act concerning inadmissibility to Canada.
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Sole
provincial
responsibility
- permanent
residents
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9. (1) The following rules apply in respect
of a foreign national who is a member of a
class for which a province has sole selection
responsibility under a federal-provincial
agreement and who intends to reside in that
province as a permanent resident, unless the
agreement provides otherwise:
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Sole
provincial
responsibility
- appeals
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(2) If a federal-provincial agreement gives
a province sole responsibility to establish and
apply financial criteria with respect to
undertakings that sponsors living in that
province may make in order to allow a foreign
national to enter and remain as a permanent
resident, then, unless the agreement provides
otherwise, the existence of a right of appeal
under the law of that province respecting
rejections by provincial officials of
applications for sponsorship, for reasons of
failing to meet financial criteria or to comply
with a prior undertaking, prevents the sponsor,
except on humanitarian and compassionate
grounds, from appealing under this Act
against a refusal, based on those reasons, to
issue a visa or to authorize the foreign national
to enter and remain in Canada as a permanent
resident.
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Consulta- tions with the provinces
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10. (1) The Minister may consult with the
governments of the provinces on immigration
and refugee protection policies and programs,
in order to facilitate cooperation and to take
into consideration the effects that the
implementation of this Act may have on the
provinces.
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Required
consultations
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(2) The Minister must consult with the
governments of the provinces respecting the
number of foreign nationals in each class to
whom it is planned to grant permanent
resident status each year, their distribution in
Canada taking into account regional
economic and demographic requirements,
and the measures to be undertaken to facilitate
their integration into Canadian society.
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PART 1 |
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IMMIGRATION TO CANADA |
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DIVISION 1 |
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REQUIREMENTS BEFORE ENTERING CANADA AND SELECTION |
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Requirements Before Entering Canada
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Application
before
entering
Canada
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11. (1) A foreign national must, before
entering Canada, apply to a designated officer
for a visa or for any other document required
by the regulations. The visa or document shall
be issued if, following an examination, the
designated officer is satisfied that the foreign
national is not inadmissible and meets the
requirements of this Act.
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If sponsor
does not meet
requirements
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(2) The designated officer may not issue a
visa or other document to a foreign national
whose sponsor does not meet the sponsorship
requirements of this Act.
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Selection of Permanent Residents
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Economic
immigration
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12. (1) A foreign national may be selected
as a member of the economic class on the basis
of their ability to become economically
established in Canada.
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Family
reunification
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(2) A foreign national may be selected as a
member of the family class on the basis of
their relationship as the spouse, common-law
partner, child or other prescribed family
member of a Canadian citizen or permanent
resident.
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Convention
refugees and
protected
persons
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(3) A foreign national may be selected as a
member of the Convention refugees overseas
class, the humanitarian class, the Convention
refugees in Canada class and the persons in
need of protection class, taking into account
Canada's humanitarian tradition with respect
to the displaced and the persecuted.
``Convention refugee'' has the meaning
assigned to it in section 89. ``Person in need of
protection'' has the meaning assigned to it in
section 90.
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Sponsorship of Foreign Nationals
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Right to
sponsor
family
member
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13. (1) A Canadian citizen or permanent
resident may sponsor a foreign national who is
a member of the family class to enter and
remain in Canada.
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Group right to
sponsor
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(2) A group of Canadian citizens or
permanent residents, a corporation
incorporated by or under an Act of Parliament
or of the legislature of a province or an
unincorporated organization or association
under federal or provincial law, or a
combination of any of those persons or
entities, may, subject to the regulations,
sponsor a foreign national who is a member of
the Convention refugees overseas class or of
the humanitarian class to enter and remain in
Canada.
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Obligation
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(3) An undertaking relating to sponsorship
is binding on the person who gives it.
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Instructions of
Minister
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(4) A designated officer shall implement
the regulations on sponsorship referred to in
paragraph 14(2)(e) in accordance with any
instructions that the Minister may make.
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Regulations
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Regulations
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14. (1) Regulations may be made to provide
for any matter relating to the application of
this Division and to define the terms used in
this Division.
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Regulations
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(2) Regulations may be made prescribing
classes of foreign nationals and respecting any
matter relating to each class, including the
classes referred to in section 12. The
regulations may include provisions respecting
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Recommen- dations
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(3) Regulations may be made with respect
to matters referred to in paragraph (2)(a) and
any other matter for which a recommendation
to the Minister or a decision may or shall be
made by a designated person, institution or
organization with respect to a foreign national
or sponsor.
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