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Immigration and Refugee Protection Act

S.C. 2001, c. 27

Assented to 2001-11-01

An Act respecting immigration to Canada and the granting of refugee protection to those who are displaced, persecuted or in risk
Her Majesty, with the useful resource of and with the advice and consent of the Senate and residence of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Immigration and Refugee Protection Act.

Interpretation

Marginal note:Definitions
  • 2 (1)
  • The definitions in this subsection exercise on this Act.
  • Board approach the Immigration and Refugee Board, which includes the Refugee protection department, Refugee appeal department, Immigration branch and Immigration enchantment department. (price)
  • convention in opposition to Torture manner the convention towards Torture and exceptional merciless, Inhuman or Degrading remedy or Punishment, signed at the big apple on December 10, 1984. Article 1 of the convention in competition to Torture is ready out in the time desk. (convention contre l. a. torture)
  • certain remote places countrywide has the which means assigned with the useful resource of subsection 20.1(2). (étranger désignalé)
  • foreign countrywide method a person who isn’t a Canadian citizen or a everlasting resident, and consists of a stateless individual. (étranger)
  • everlasting resident approach a person who has obtained everlasting resident repute and has no longer in the long run out of place that reputation underneath segment 46. (résident everlasting)
  • Refugee convention way the United nations conference relating to the fame of Refugees, signed at Geneva on July 28, 1951, and the Protocol to that convention, signed at the big apple on January 31, 1967. Sections E and F of Article 1 of the Refugee convention are set out within the time table. (conference sur les réfugiés)
  • Marginal observe:Act includes regulations and commands
    (2) except in any other case indicated, references on this Act to “this Act” encompass rules made beneath it and commands given underneath subsection 14.1(1).
  • 2001, c. 27, s. 2;
    2012, c. 17, s. 2, c. 19, s. 700.

 

Objectives and Application

Marginal note:Objectives — immigration
  •  (1)

    The goals of this Act with appreciate to immigration are

    (a) to permit Canada to pursue the most social, cultural and financial benefits of immigration;

    (b) to enhance and make stronger the social and cultural material of Canadian society, at the same time as respecting the federal, bilingual and multicultural man or woman of Canada;

    (b.1) to assist and help the development of minority respectable languages organizations in Canada;

    (c) to help the improvement of a strong and rich Canadian financial machine, wherein the blessings of immigration are shared during all regions of Canada;

    (d) to see that families are reunited in Canada;

    (e) to sell the successful integration of eternal residents into Canada, at the equal time as recognizing that integration consists of mutual duties for brand spanking new immigrants and Canadian society;

    (f) to guide, by way of way of consistent standards and prompt processing, the attainment of immigration goals established with the useful resource of the authorities of Canada in consultation with the provinces;

    (g) to facilitate the access of traffic, university students and brief employees for purposes such as alternate, change, tourism, international understanding and cultural, instructional and scientific activities;

    (h) to defend public health and safety and to maintain the security of Canadian society;

    (i) to promote international justice and protection thru fostering understand for human rights and through denying get right of entry to to Canadian territory to men and women who’re criminals or safety risks; and

    (j) to paintings in cooperation with the provinces to relaxed better reputation of the foreign credentials of permanent residents and their more rapid integration into society.

  • Marginal note:Objectives — refugees

    (2)

    The dreams of this Act with recognize to refugees are

    (a) to apprehend that the refugee software program is in the first example about saving lives and providing protection to the displaced and persecuted;

    (b) to fulfil Canada’s international prison obligations with appreciate to refugees and verify Canada’s commitment to international efforts to offer help to the ones in want of resettlement;

    (c) to offer, as a fundamental expression of Canada’s humanitarian beliefs, honest interest to folks that come to Canada claiming persecution;

    (d) to provide secure haven to individuals with a well-based totally worry of persecution based totally totally on race, faith, nationality, political opinion or membership in a selected social group, in addition to the ones at risk of torture or cruel and uncommon remedy or punishment;

    (e) to set up honest and green techniques so as to maintain the integrity of the Canadian refugee protection machine, at the equal time as upholding Canada’s admire for the human rights and essential freedoms of all humans;

    (f) to assist the self-sufficiency and the social and monetary nicely-being of refugees via facilitating reunification with their own family individuals in Canada;

    (g) to defend the fitness and safety of Canadians and to maintain the security of Canadian society; and

    (h) to promote global justice and protection by way of denying get entry to to Canadian territory to people, which consist of refugee claimants, who are safety risks or extreme criminals.

Marginal note:Application

(3)

This Act is to be construed and carried out in a manner that

(a) furthers the home and worldwide hobbies of Canada;

(b) promotes duty and transparency by means of the use of improving public attention of immigration and refugee applications;

(c) lets in cooperation many of the government of Canada, provincial governments, overseas states, international businesses and non-governmental corporations;

(d) ensures that alternatives taken underneath this Act are regular with the Canadian constitution of Rights and Freedoms, consisting of its principles of equality and freedom from discrimination and of the equality of English and French because the valid languages of Canada;

(e) helps the determination of the authorities of Canada to enhance the energy of the English and French linguistic minority groups in Canada; and

(f) complies with global human rights gadgets to which Canada is signatory.

  • 2001, c. 27, s. 3;
  •  2012, c. 1, s. 205.

Enabling Authority

Marginal note:Minister of Citizenship and Immigration
  • 4 (1) besides as otherwise provided in this phase, the Minister of Citizenship and Immigration is responsible for the management of this Act.Marginal be aware:unique Minister
    (1.1) The Governor in Council also can, through using order, designate a minister of the Crown as the Minister chargeable for all subjects beneath this Act concerning unique advocates. If none is exclusive, the Minister of Justice is liable for the ones subjects.

     

  • Marginal note:Minister of Public Safety and Emergency Preparedness

    (2)

     The Minister of Public safety and Emergency Preparedness is accountable for the administration of this Act because it pertains to

    (a) examinations at ports of access;

    (b) the enforcement of this Act, together with arrest, detention and removal;

    (c) the repute quo of rules respecting the enforcement of this Act and inadmissibility on grounds of safety, prepared criminal activity or violating human or worldwide rights; or

    (d) declarations noted in segment forty two.1.

  • Marginal note:Minister of Employment and Social Development

    (2.1) In making regulations under paragraphs 32(d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.

  • Marginal note:Specification

    (three) subject to subsections (1) to (2), the Governor in Council might also additionally, by using order,

    (a) specify which Minister stated in any of subsections (1) to (2) is the Minister for the purposes of any provision of this Act; and

    (b) specify that multiple Minister can be the Minister for the purposes of any provision of this Act and specify the instances under which each Minister is the Minister.

  • Marginal note:Publication

    (4) Any order made under subsection (3) must be published in Part II of the Canada Gazette.

  • 2001, c. 27, s. 4;
  •  2005, c. 38, s. 118;
  •  2008, c. 3, s. 1;
  •  2012, c. 19, s. 701;
  •  2013, c. 16, s. 2, c. 40, s. 238;
  •  2014, c. 20, s. 299.

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