Bill C-493

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-493

An Act to amend the Immigration and Refugee Protection Act (foreign nationals)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Subsection 11(1) of the Immigration and Refugee Protection Act is replaced by the following:

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.

2. Subsection 25(1) of the Act is replaced by the following:

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.

3. Section 87.3 of the Act and the heading “Instructions on Processing Applications and Requests” before it are repealed.

4. Paragraph 94(2)(a) of the Act is replaced by the following:

(a) the activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;