Bill C-11

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	DIVISION 2
	EXAMINATION
Examination by officer	15. (1) An officer is authorized to proceed with an examination where a person makes an application to the officer in accordance with this Act or where the officer has reasonable grounds to believe that a foreign national may be inadmissible.
Provincial criteria	(2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province's selection criteria.
Inspection	(3) An 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 and hold the means of transportation until the inspection and examination are completed.
Instructions	(4) The officer shall conduct the examination in accordance with any instructions that the Minister may give.
Obligation - answer truthfully	16. (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Obligation - relevant evidence	(2) In the case of a foreign national other than a permanent resident,
	(a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and
	(b) the foreign national must submit to a medical examination on request.
Evidence relating to identity	(3) An officer may require or obtain from a foreign national who is examined, arrested, detained or subject to a removal order, any evidence - photographic, fingerprint or otherwise - that may be used to establish their identity or compliance with this Act.
Regulations	17. The regulations may 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 officer	18. Every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.
Right of entry of 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 an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.
Right of entry of permanent residents	(2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.
Obligation on entry	20. (1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,
	(a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and
	(b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.
Provincial criteria	(2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province's selection criteria.
	Status and Authorization to Enter
Permanent resident	21. A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
Temporary resident	22. (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b) and is not inadmissible.
Dual intent	(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.
Entry to complete examination or hearing	23. An officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing under this Part.
Temporary resident permit	24. (1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.
Exception	(2) A foreign national referred to in subsection (1) to whom an officer issues a temporary resident permit outside Canada does not become a temporary resident until they have been examined upon arrival in Canada.
Instructions of Minister	(3) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.
Humanitarian and compassionat e considerations	25. (1) The Minister may, in the Minister's discretion, examine the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act and grant them permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected, or by public policy considerations.
Provincial criteria	(2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province's selection criteria applicable to that foreign national.
Regulations	26. The regulations may provide for any matter relating to the application of sections 18 to 25, and may include provisions respecting
	(a) entering, remaining in and re-entering Canada;
	(b) permanent resident status or temporary resident status, including acquisition of that status;
	(c) the circumstances in which all or part of the considerations referred to in section 24 and, in the case of an exercise of a power delegated under subsection 6(2), in section 25 may be taken into account;
	(d) conditions that may or must be imposed, varied or cancelled, individually or by class, on foreign nationals; 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	27. (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.
Conditions	(2) A permanent resident must comply with any conditions imposed under the regulations.
Residency obligation	28. (1) A permanent resident must comply with a residency obligation with respect to every five-year period.
Application	(2) The following provisions govern the residency obligation under subsection (1):
	(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
	(i) physically present in Canada,
	(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
	(iii) outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province,
	(iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a 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, or
	(v) referred to in regulations providing for other means of compliance;
	(b) it is sufficient for a foreign national to demonstrate at examination
	(i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;
	(ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and
	(c) a determination by an officer that humanitarian and compassionate considerations relating to a foreign national, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.
Right of temporary residents	29. (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit.
Obligation - temporary resident	(2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by 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	30. (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, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.
	Status Document
Status document	31. (1) A permanent resident shall be, and a protected person may be, provided with a document indicating their status.
Effect	(2) For the purposes of this Act, unless an officer determines otherwise
	(a) a foreign national in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and
	(b) a foreign national who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.
Travel document	(3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that
	(a) they comply with the residency obligation under section 28;
	(b) an officer has made the determination referred to in paragraph 28(2)(c); or
	(c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.
	Regulations
Regulations	32. The regulations may provide for any matter relating to the application of sections 27 to 31, may define, for the purposes of this Act, the terms used in those sections, and may include provisions respecting
	(a) classes of temporary residents, such as students and workers;
	(b) selection criteria for each class of foreign national and for their family members, 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 must be made by a designated person, institution or organization;
	(d) the conditions that must or may be imposed, varied or cancelled, individually or by class, on foreign nationals, including conditions respecting work or study;
	(e) the residency obligation under section 28, including rules for calculating applicable days and periods; and
	(f) the circumstances in which a document indicating status or a travel document may or must be issued, renewed or revoked.

Bill C-11

DIVISION 2

EXAMINATION

DIVISION 3

ENTERING AND REMAINING IN CANADA