Bill C-11
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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'' « étranger »
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``foreign national'' means a person who is not
a Canadian citizen or a permanent resident ,
and includes a stateless person.
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``permanent
resident'' « résident permanent »
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``permanent resident'' means a person 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. (1) Except as otherwise provided, the
Governor in Council may make any regulation
that is referred to in this Act or that prescribes
any matter whose prescription is referred to in
this Act.
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Tabling and
referral of
proposed
regulations
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(2) The Minister shall cause a copy of each
proposed regulation made pursuant to sections
17, 32, 53, 61, 102, 116 and 150 to be laid
before each House of Parliament, and each
House shall refer the proposed regulation to
the appropriate Committee of that House.
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Alteration of
proposed
regulation
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(3) A proposed regulation that has been laid
before each House of Parliament under
subsection (2) does not need to be so laid
again, whether or not it has been altered.
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Making of
regulations
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(4) The Governor in Council may make the
regulation at any time after the proposed
regulation has been laid before each House of
Parliament under subsection (2).
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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 the ability to
make determinations under subsection 34(2)
or 35(2) or paragraph 37(2)(a).
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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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Inadmissibi- lity 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
responsibi- lity - 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
responsibi- lity - 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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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 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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