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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-11 |
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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, which 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 or 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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``permanent
resident'' « résident permanent »
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``permanent resident'' means a foreign
national who has acquired permanent
resident status and has not subsequently lost
that status under section 46.
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``Refugee
Convention'' « Convention sur les réfugiés »
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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 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 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 any regulation
that is referred to in this Act, that prescribes
any matter whose prescription is referred to in
this Act, or that it considers necessary to carry
out the objectives of this Act.
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Designation
of officers
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6. (1) The Minister may designate any
persons or class of persons as officers to carry
out any purpose of any provision of this Act,
and shall specify the powers and duties of the
officers so designated.
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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.
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Exception
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(3) Nothwithstanding subsection (2), the
Minister may not delegate the power
conferred by subsection 77(1) or 114(2) or the
ability to make determinations under
subsection 34(2) or 35(2), paragraph 37(2)(a),
subparagraph 113(d)(ii) or paragraph
115(2)(b).
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AGREEMENTS |
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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
ncial
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 following
must be consistent with the federal-provincial
agreements:
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Inadmissibilit
y not limited
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(3) Subsection (2) is not to be interpreted as
limiting 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) Where a province has, under a
federal-provincial agreement, sole
responsibility for the selection of a foreign
national who intends to reside in that province
as a permanent resident, the following
provisions apply to that foreign national,
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 respect of a foreign
national who applies to become 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 failing 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, of a visa or permanent resident status.
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Consultations
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 who
will become permanent residents 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 an 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
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 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, parent or other prescribed
family member of a Canadian citizen or
permanent resident.
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Refugees
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(3) A foreign national, inside or outside
Canada, may be selected as a person who
under this Act is a Convention refugee or as a
person in similar circumstances, taking into
account Canada's humanitarian tradition with
respect to the displaced and the persecuted.
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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, subject to the regulations,
sponsor a foreign national who is a member of
the family class.
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Group right to
sponsor
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(2) A group of Canadian citizens or
permanent residents, a corporation
incorporated under a law of Canada or of a
province, and an unincorporated organization
or association under federal or provincial law,
or any combination of them may, subject to the
regulations, sponsor a Convention refugee or
a person in similar circumstances.
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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) An officer shall apply 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) 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.
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Regulations
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(2) The regulations may prescribe, and
govern any matter relating to, classes of
foreign nationals, including the classes
referred to in section 12, and may include
provisions respecting
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