Bill C-11

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	PART 1
	IMMIGRATION TO CANADA
	DIVISION 1
	REQUIREMENTS BEFORE ENTERING CANADA AND SELECTION
	Requirements Before Entering Canada
Application before entering Canada	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.
If sponsor does not meet requirements	(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.
	Selection of Permanent Residents
Family reunification	12. (1) 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.
Economic immigration	(2) 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.
Refugees	(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.
	Sponsorship of Foreign Nationals
Right to sponsor family member	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.
Group right to sponsor	(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.
Obligation	(3) An undertaking relating to sponsorship is binding on the person who gives it.
Instructions of Minister	(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.
	Regulations
Regulations	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.
Regulations	(2) The regulations may prescribe, and govern any matter relating to, classes of permanent residents or foreign nationals, including the classes referred to in section 12, and may include provisions respecting
	(a) selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating all or some of those criteria and the circumstances in which an officer may substitute for those criteria their evaluation of the likelihood of a foreign national's ability to become economically established in Canada;
	(b) applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their family members;
	(c) the number of applications that may be processed or approved in a year, the number of visas and other documents that may be issued in a year, and the measures to be taken when that number is exceeded;
	(d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals;
	(e) sponsorships, undertakings, and penalties for failure to comply with undertakings;
	(f) deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister; and
	(g) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national or sponsor.
	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.
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,
	(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 permanent resident or a foreign national who is 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. (1) 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.
Transit	(2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart 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 issued 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. (1) 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.
Protected person	(2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.
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 considera- tions	25. (1) The Minister shall, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister's own initiative, examine the circumstances concerning the foreign national and may grant the foreign national 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 may be taken into account;
	(d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and 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 permanent resident 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 permanent resident, 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 may not work or study in Canada unless authorized to do so under this Act.
Minor children	(2) Every 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 and a protected person shall be provided with a document indicating their status.
Effect	(2) For the purposes of this Act, unless an officer determines otherwise
	(a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and
	(b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.