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

Marginal note:Visa or other document not to be issued

• 11.2 (1) An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if — at the time the invitation was issued or at the time the officer received their application — the foreign national

  • (a) did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e);

  • (b) did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation; or

  • (c) did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2), if they were issued an invitation on the basis that they were eligible to be a member of that category.

• Marginal note:Exceptions

  (2) Despite subsection (1), an officer may issue the visa or other document if, at the time the officer received their application,

  • (a) the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) — or they did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) or did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2) — because the foreign national’s birthday occurred after the invitation was issued; or

  • (b) the foreign national did not have the qualifications they had at the time the invitation was issued and on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h), but

    • (i) they met the criteria set out in an instruction given under paragraph 10.3(1)(e),

    • (i.1) they met the criteria for membership of a category established in an instruction given under paragraph 10.3(1)(h.2), if they were issued the invitation on the basis that they were eligible to be a member of that category, and

    • (ii) they occupied a rank that is not lower than the rank that a foreign national was required to have occupied to be invited to make an application.

Selection of Permanent Residents

Marginal note:Family reunification

• 12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

• Marginal note:Economic immigration

  (2) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.

• Marginal note:Refugees

  (3) A foreign national, inside or outside Canada, may be selected as a person who under this Act is a Convention refugee or as a person in similar circumstances, taking into account Canada’s humanitarian tradition with respect to the displaced and the persecuted.

Sponsorship of Foreign Nationals

Marginal note:Sponsorship of foreign nationals

• 13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.

• (2) and (3) [Repealed, 2012, c. 17, s. 7]

• Marginal note:Instructions of Minister

  (4) An officer shall apply the regulations on sponsorship referred to in paragraph 14(2)(e) in accordance with any instructions that the Minister may make.

Undertakings

Marginal note:Undertaking binding

13.1 An undertaking given under this Act in respect of a foreign national — including a sponsorship undertaking — is binding on the person who gives it.

Marginal note:Undertaking required

• 13.2 (1) If required to do so by the regulations, a foreign national who makes an application for a visa or for permanent or temporary resident status must obtain the undertaking specified in the regulations.

• Marginal note:Minister’s instructions

  (2) An officer must apply the regulations made under paragraph 14(2)(e.1) in accordance with any instructions that the Minister may give.

Regulations

Marginal note:Regulations

• 14 (1) The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division.

• Marginal note:Regulations

  (2) The regulations may prescribe, and govern any matter relating to, classes of permanent residents or foreign nationals, including the classes referred to in section 12, and may include provisions respecting

  • (a) selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating all or some of those criteria and the circumstances in which an officer may substitute for those criteria their evaluation of the likelihood of a foreign national’s ability to become economically established in Canada;

  • (b) applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their family members;

  • (c) the number of applications that may be processed or approved in a year, the number of visas and other documents that may be issued in a year, and the measures to be taken when that number is exceeded;

  • (d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals;

  • (e) sponsorships;

  • (e.1) undertakings, and penalties for failure to comply with undertakings;

  • (f) deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister;

  • (f.1) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with undertakings; and

  • (g) 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 or sponsor.

• (3) to (5) [Repealed, 2015, c. 36, s. 171]

Minister’s Instructions

Marginal note:Economic immigration

• 14.1 (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.

• Marginal note:Limitation

  (2) Despite any instruction given by the Minister under paragraph 87.3(3)(c), no more than 2,750 applications in a class established under subsection (1) may be processed in any year.

• Marginal note:Application of regulations

  (3) Subject to subsection (4), regulations that apply to all classes prescribed under subsection 14(2) that are part of the economic class referred to in subsection 12(2) apply to a class established under subsection (1).

• Marginal note:Exception

  (4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1).

• Marginal note:Non-application of regulations

  (5) For greater certainty, regulations that apply to only one class prescribed under subsection 14(2) that is part of the economic class referred to in subsection 12(2) — or to only certain classes that are part of that economic class — do not apply to a class established under subsection (1). However, an instruction given under that subsection may specify otherwise.

• Marginal note:Non-application of instructions

  (6) The instructions do not apply in respect of a class prescribed by the regulations.

• Marginal note:Compliance with instructions

  (7) An officer must comply with the instructions before processing an application and when processing one.

• Marginal note:Amendments to instructions

  (8) An instruction that amends another instruction may, if it so provides, apply in respect of applications in a class established by the original instruction that are pending on the day on which the amending instruction takes effect.

• Marginal note:Effective period — limitation

  (9) An instruction given under subsection (1) has effect for the period specified in the instruction, which is not to exceed five years starting on the day on which the instruction first takes effect. No amendment to or renewal of an instruction may extend the five-year period.

• Marginal note:Pending applications

  (10) Despite subsection (9), the Minister may direct officers to process, after the end of the effective period of an instruction, applications in a class established by the instruction that were made during the period in which the instruction had effect.

• Marginal note:Service Fees Act

  (11) The Service Fees Act does not apply in respect of the fees referred to in subsection (1).

• Marginal note:Publication

  (12) Instructions must be published in the Canada Gazette.

DIVISION 2Examination

Marginal note:Examination by officer

• 15 (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01).

• Marginal note:Provincial criteria

  (2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

• Marginal note:Inspection

  (3) An officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts and hold the means of transportation until the inspection and examination are completed.

• Marginal note:Instructions

  (4) The officer shall conduct the examination in accordance with any instructions that the Minister may give.

Marginal note:Health insurance policy

15.1 A health insurance policy purchased from an insurance company outside Canada that is approved by the Minister satisfies any requirement in an instruction given under subsection 15(4) that a foreign national who applies for a temporary resident visa in order to visit their Canadian citizen or permanent resident child or grandchild for an extended period must have private health insurance.

Marginal note:Obligation — answer truthfully

• 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

• Marginal note:Obligation — appear for examination

  (1.1) A person who makes an application must, on request of an officer, appear for an examination.

• Marginal note:Obligation — relevant evidence

  (2) In the case of a foreign national,

  • (a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and

  • (b) subject to the regulations, the foreign national must submit to a medical examination.

• Marginal note:Obligation — interview

  (2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.

• Marginal note:Evidence relating to identity

  (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained, subject to an examination or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

Marginal note:Regulations

17 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting the conduct of examinations.

DIVISION 3Entering and Remaining in Canada

Entering and Remaining

Marginal note:Examination by officer

• 18 (1) Subject to the regulations, every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada.

• Marginal note:Transit

  (2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada.

• Marginal note:Powers of officer

  (3) Even though a person seeking to enter Canada is not, in accordance with regulations made under subsection 26(2), required to appear for an examination, an officer may require the person to do so.

Marginal note:Right of entry of citizens and Indians

• 19 (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian.

• Marginal note:Right of entry of permanent residents

  (2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.