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

PART 1Immigration to Canada

DIVISION 0.01Biometric Information

Marginal note:Biometric information

10.01 A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted.

Marginal note:Regulations

10.02 The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting

• (a) restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies;

• (b) the procedures for the collection and verification of biometric information;

• (c) the biometric information that is to be collected;

• (d) the circumstances in which a person is not required to provide certain biometric information;

• (e) the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and

• (f) the circumstances in which a person is exempt from the application of that section.

DIVISION 0.1Invitation to Make an Application

Marginal note:Application for permanent residence — invitation to apply

• 10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.

• Marginal note:Invitation to provincial nominees

  (1.1) A foreign national who is a member of a portion of the prescribed class of provincial nominees set out in an instruction given under paragraph 10.3(1)(a) may be issued an invitation only in respect of that class.

• Marginal note:Limitation

  (2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).

• Marginal note:Provincial nominees

  (2.1) In the case of the prescribed class of provincial nominees, an instruction may be given under paragraph 10.3(1)(a) in respect of the foreign nationals who are nominated by the government of a particular province in accordance with an agreement referred to in section 8, or in respect of a portion of those foreign nationals.

• Marginal note:Expression of interest

  (3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.

• Marginal note:Inadmissible foreign national

  (4) A foreign national may not submit an expression of interest if they have been determined to be — and continue to be — inadmissible for misrepresentation.

• Marginal note:New expression of interest

  (5) A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f).

• Marginal note:Failure to make application

  (6) A foreign national who is invited to make an application and does not do so within the period specified in an instruction given under paragraph 10.3(1)(k) is not eligible to be invited to make an application in relation to the expression of interest on the basis of which the invitation was issued.

• Marginal note:Declining invitation

  (7) Subsection (6) does not apply to a foreign national who declines an invitation to make an application within the period specified in an instruction given under paragraph 10.3(1)(k).

Marginal note:Expression of interest — processing

• 10.2 (1) In processing an expression of interest, the Minister

  • (a) is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and

  • (b) subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l).

• Marginal note:Limitation

  (2) A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j).

• Marginal note:Electronic system

  (3) The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b).

• Marginal note:Compliance with instructions

  (4) An expression of interest must be processed in compliance with any applicable instruction.

• Marginal note:Cancellation of invitation

  (5) The Minister may cancel an invitation to make an application if the invitation was issued in error.

Marginal note:Instructions

• 10.3 (1) The Minister may give instructions governing any matter relating to the application of this Division, including instructions respecting

  • (a) the classes in respect of which subsection 10.1(1) applies;

  • (b) the electronic system referred to in subsections 10.1(3) and 10.2(3);

  • (c) the submission and processing of an expression of interest, including by means of the electronic system;

  • (d) the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;

  • (e) the criteria that a foreign national must meet to be eligible to be invited to make an application;

  • (f) the period during which a foreign national remains eligible to be invited to make an application;

  • (g) the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;

  • (h) the basis on which an eligible foreign national may be ranked;

  • (h.1) subject to subsection (1.01), the establishment of categories of eligible foreign nationals for the purposes of ranking, which groupings may consist of

    • (i) all eligible foreign nationals,

    • (ii) eligible foreign nationals who are eligible to be members of a class referred to in an instruction given under paragraph (a), or

    • (iii) eligible foreign nationals who are eligible to be members of a category established in an instruction given under paragraph (h.2);

  • (h.2) the establishment of categories for the purposes of ranking and the criteria for eligibility to be a member of a category;

  • (i) the rank within a grouping that an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

  • (j) the number of invitations that may be issued within a specified period in respect of a grouping;

  • (j.1) the class referred to in an instruction given under paragraph (a) in respect of which an eligible foreign national who is invited to make an application must apply, if the foreign national is eligible to be a member of more than one class;

  • (k) the period within which an application must be made once an invitation has been issued;

  • (l) the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application; and

  • (m) 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.

• Marginal note:Category — condition

  (1.01) An instruction given under paragraph (1)(h.1) must not establish a category in respect of which a public consultation process referred to in subsection 10.5(1) has not been given the opportunity to provide advice and recommendations.

• Marginal note:Category — economic goal

  (1.1) If the Minister establishes a category in an instruction given under paragraph (1)(h.2), the Minister shall set out, in the instruction, the economic goal that the Minister seeks to support in establishing the category.

• Marginal note:Clarification

  (2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a grouping be zero.

• Marginal note:Application of instructions

  (3) An instruction given under any of paragraphs (1)(a), (b) and (e) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

• Marginal note:Publication

  (4) Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.

• Marginal note:Criteria provided for under other Divisions

  (5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.

Marginal note:Disclosure of information

10.4 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose to an entity that is referred to in an instruction given under paragraph 10.3(1)(g) the personal information referred to in that instruction that is

• (a) provided to the Minister by the foreign national under section 10.1 or by a third party for the purposes of section 10.1 or 10.2; or

• (b) created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3.

Marginal note:Consultation process

• 10.5 (1) For the purpose of establishing categories of eligible foreign nationals under subparagraph 10.3(1)(h.1)(iii), the Minister must engage in a public consultation process with stakeholders, including provinces and territories, industry, unions, employers, workers, worker advocacy groups, settlement provider organizations and immigration researchers and practitioners, to obtain information, advice and recommendations in respect of the labour market conditions, including occupations expected to face shortage conditions, as well as on how categories can be formed to meet economic goals.

• Marginal note:Advice and recommendations

  (2) The advice and recommendations from the public consultation process must be based on written submissions provided by relevant industry members and stakeholders.

• Marginal note:Report

  (3) The Minister shall cause to be tabled before each House of Parliament, not later than the fifth sitting day of that House after January 31 following the end of each fiscal year, a report containing the list of the categories of eligible foreign nationals established in an instruction made under paragraph 10.3(1)(h.1) and the selection criteria and the process applied for the establishment of those categories.

• Marginal note:Referral

  (4) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

DIVISION 1Requirements and Selection

Requirements

Marginal note: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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

• Marginal note:Electronic travel authorization

  (1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.

• Marginal note:Restriction

  (1.1) A designated foreign national may not make an application for permanent residence under subsection (1)

  • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which they become a designated foreign national.

• Marginal note:Suspension of application

  (1.2) The processing of an application for permanent residence under subsection (1) of a foreign national who, after the application is made, becomes a designated foreign national is suspended

  • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

• Marginal note:Refusal to consider application

  (1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) if

  • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

  • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.1) or (1.2).

• Marginal note: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.

11.1 [Repealed, 2015, c. 36, s. 170]