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Bill C-31

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DIVISION 2

EXAMINATION

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.

Objectives of examination

(2) The designated officer shall examine

    (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;

    (b) whether a foreign national

      (i) on entering Canada, has permanent resident status, and

      (ii) at any time, is inadmissible;

    (c) whether a foreign national other than a permanent resident

      (i) prior to entering Canada, met the requirements of this Act or the selection criteria that are applicable to the foreign national,

      (ii) on entering Canada, possesses the visa or other documents required under this Act, and

      (iii) at any time, is inadmissible; and

    (d) whether a sponsor meets the sponsorship requirements of this Act.

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.

Instructions of Minister

(4) The designated officer shall conduct the examination in accordance with any instructions that the Minister may give.

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.

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.

DIVISION 3

ENTERING AND REMAINING IN CANADA

Entering and Remaining

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.

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.

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.

Authorization to Enter and Remain

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.

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.

Entry to complete examination

(3) A designated officer may authorize a person to enter Canada for the purpose of an examination under this Part.

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.

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.

Instructions of Minister

(2) In applying subsection (1), the designated officer shall act in accordance with any instructions that the Minister may make.

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.

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.

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

    (a) applications to enter and remain in Canada and their approval or refusal;

    (b) re-entry to Canada;

    (c) the circumstances in which all or part of the considerations referred to in sections 21 and 22 may apply;

    (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

    (e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.

Rights and Obligations of Permanent and Temporary Residents

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.

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.

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

    (a) accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a minor child, their parent;

    (b) employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or

    (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.

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.

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.

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.

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.

Proof of Residence

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.

Document proves residence

(2) Unless a designated officer determines otherwise

    (a) a document referred to in subsection (1) is proof of status so long as it is valid; and

    (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.

Regulations

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

    (a) classes of temporary residents, such as those for students and workers;

    (b) selection criteria for each class of foreign national and for their dependants, and the procedures for evaluating all or some of those criteria;

    (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;

    (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;

    (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

    (f) the circumstances in which proof of status may or shall be issued, renewed or revoked.

DIVISION 4

INADMISSIBILITY

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.

Security

30. (1) A foreign national is inadmissible on security grounds for

    (a) engaging in espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;

    (b) engaging in or instigating the subversion by force of any government;

    (c) engaging in terrorism;

    (d) being a danger to the security of Canada;

    (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

    (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).

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.

Human rights violations

31. (1) A foreign national is inadmissible on grounds of violating human rights for

    (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;

    (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

    (c) being a representative of a government against which Canada has imposed or has agreed to impose sanctions in association with the international community.

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.

Serious criminality

32. (1) A foreign national is inadmissible on grounds of serious criminality for

    (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;

    (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

    (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.

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

    (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

    (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;

    (b) having been convicted outside Canada

      (i) of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or

      (ii) of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;