Immigration and Refugee Protection Act (S.C. 2001, c. 27)

AMENDMENTS NOT IN FORCE

• — 2014, c. 39, s. 306

  • 2014, c. 20, s. 299

    306 Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:

    • Minister of Employment and Social Development

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

• — 2014, c. 39, s. 308

  • 308 The Act is amended by adding the following after section 30:

    • Publication of employer names and addresses

      • 30.1 (1) The Minister or the Minister of Employment and Social Development may, in accordance with the regulations, publish on a list the name and address of an employer who has been found guilty of an offence arising out of the contravention of a provision of this Act that is designated in the regulations or an offence under any other federal or provincial law that regulates employment or the recruiting of employees and who

        • (a) has provided information in accordance with regulations made under paragraph 32(d.5) or employs or has employed a foreign national for whom a work permit is required; or

        • (b) has requested an assessment from the Department of Employment and Social Development with respect to an application for a work permit.

      • Removal of names and addresses

        (2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list.

• — 2014, c. 39, s. 309(1)

  • • 309 (1) Section 32 of the Act is amended by adding the following after paragraph (b):

      • (b.1) the publication and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;

• — 2014, c. 39, s. 311

  • 311 The Act is amended by adding the following after section 89:

    • Fees for rights and privileges — assessments

      89.01 The regulations may

      • (a) govern fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit; and

      • (b) govern cases in which the fees referred to in paragraph (a) are waived.

• — 2014, c. 39, s. 313(2)

  • • 313 (2) Subsection 150.1(1) of the Act is amended by adding the following after paragraph (a):

      • (a.1) the collection, retention and use of a Social Insurance Number by the Minister of Employment and Social Development in respect of an assessment provided by the Department of Employment and Social Development or in respect of the compliance regime that applies to an employer, in relation to the employment of a foreign national or a permanent resident;

• — 2015, c. 29, s. 2

  • 2 The Immigration and Refugee Protection Act is amended by adding the following after section 41:

    • Polygamy

      • 41.1 (1) A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national.

      • Interpretation

        (2) For the purposes of subsection (1), polygamy shall be interpreted in a manner consistent with paragraph 293(1)(a) of the Criminal Code.

• — 2015, c. 36, s. 169(2)

  • • 169 (2) Section 11 of the Act is amended by adding the following after subsection (1.01):

      • Applications from within Canada

        (1.02) Subject to the regulations, a foreign national who has temporary resident status may apply for a visa or other document during their stay in Canada.

• — 2023, c. 26, s. 284(2)

  • • 284 (2) Subsection 99(3.1) of the Act is replaced by the following:

      • Claim made inside Canada — not at port of entry

        (3.1) A person inside Canada who makes a claim for refugee protection or who, before making a claim, submits any document or provides information with a view to making a claim, other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information, including in respect of the basis for the claim, required by the rules of the Board or specified by the Minister. The documents and information are to be provided in accordance with those rules and in the form and manner specified by the Minister.

• — 2024, c. 16, s. 101

  • 101 Subsection 77(2) of the Immigration and Refugee Protection Act is replaced by the following:

    • Filing of evidence and summary

      (2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed.

• — 2024, c. 16, s. 102

  • 102 Subsection 79.1(1) of the Act is replaced by the following:

    • Appeal by Minister

      • 79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

• — 2024, c. 16, s. 103

  • 103 Subsection 82.31(1) of the Act is replaced by the following:

    • Appeal by Minister

      • 82.31 (1) Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

• — 2024, c. 16, s. 104

  • • 104 (1) Paragraph 83(1)(c) of the Act is replaced by the following:

      • (c) at any time during a proceeding, the judge may, on the judge’s own motion — and shall, on each request of the Minister — hear information or other evidence in the absence of the public and of the permanent resident or foreign national and their counsel if, in the judge’s opinion, its disclosure could be injurious to international relations, national defence or national security or endanger the safety of any person;

    • (2) Paragraphs 83(1)(d) and (e) of the Act are replaced by the following:

      • (d) the judge shall ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person;

      • (e) throughout the proceeding, the judge shall ensure that the permanent resident or foreign national is provided with a summary of information and other evidence that enables them to be reasonably informed of the case made by the Minister in the proceeding but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed;

    • (3) Paragraph 83(1.2)(c) of the Act is replaced by the following:

      • (c) the person has knowledge of information or other evidence whose disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person and, in the circumstances, there is a risk of inadvertent disclosure of that information or other evidence.

• — 2024, c. 16, s. 105

  • 105 Paragraph 85.1(2)(a) of the Act is replaced by the following:

    • (a) the Minister’s claim that the disclosure of information or other evidence would be injurious to international relations, national defence or national security or endanger the safety of any person; and

• — 2024, c. 16, s. 106

  • 106 Subsection 86.1(1) of the Act is replaced by the following:

    • Judicial review

      • 86.1 (1) The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. The application may be made without an application for leave.

• — 2024, c. 16, s. 107

  • 107 Subsection 87.01(1) of the Act is replaced by the following:

    • Appeal by Minister

      • 87.01 (1) The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

• — 2024, c. 17, s. 390(2)

  • • 390 (2) Subsections 142(2) to (10) of the Act are repealed.