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

Marginal note:Humanitarian and compassionate considerations — Minister’s own initiative

• 25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

• Marginal note:Exemption

  (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).

• Marginal note:Provincial criteria

  (3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

Marginal note:Public policy considerations

• 25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.

• Marginal note:Exemption

  (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).

• Marginal note:Provincial criteria

  (3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

• Marginal note:Conditions

  (4) The conditions referred to in subsection (1) may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party that meets any criteria specified by the Minister.

Marginal note:Regulations

• 26 (1) The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting

  • (a) entering, remaining in and re-entering Canada;

  • (b) permanent resident status or temporary resident status, including acquisition of that status;

  • (b.1) declarations referred to in subsection 22.1(1);

  • (c) the circumstances in which all or part of the considerations referred to in section 24 may be taken into account;

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

  • (d.1) undertakings that may or must be given in respect of requests made under subsection 25(1) or undertakings referred to in subsection 25.2(4), and penalties for failure to comply with undertakings;

  • (d.2) the determination of eligibility referred to in subsection 25.2(4); and

  • (e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.

• Marginal note:Exemptions

  (2) The regulations may exempt persons or categories of persons from the application of section 18 and prescribe the conditions under which the exemption applies.

Rights and Obligations of Permanent and Temporary Residents

Marginal note:Right of permanent residents

• 27 (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.

• Marginal note:Conditions

  (2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1).

Marginal note:Residency obligation

• 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period.

• Marginal note:Application

  (2) The following provisions govern the residency obligation under subsection (1):

  • (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are

    • (i) physically present in Canada,

    • (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,

    • (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,

    • (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or

    • (v) referred to in regulations providing for other means of compliance;

  • (b) it is sufficient for a permanent resident to demonstrate at examination

    • (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident;

    • (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and

  • (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination.

Marginal note:Right of temporary residents

• 29 (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit.

• Marginal note:Obligation — temporary resident

  (2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay and may re-enter Canada only if their authorization provides for re-entry.

• Marginal note:Extended period

  (3) In the case of a temporary resident who is authorized to enter and remain in Canada for an extended period in order to visit a Canadian citizen or permanent resident who is their child or grandchild, the period referred to in subsection (2) is five years.

Marginal note:Work and study in Canada

• 30 (1) A foreign national may not work or study in Canada unless authorized to do so under this Act.

• Marginal note:Authorization

  (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.

• Marginal note:Instructions

  (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.

• Marginal note:Concurrence of second officer

  (1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.

• Marginal note:Purpose

  (1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

• Marginal note:Revocation of work permit

  (1.41) An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation.

• Marginal note:For greater certainty

  (1.42) For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit.

• Marginal note:Revocation or suspension of opinion

  (1.43) If, in the view of the Department of Employment and Social Development, public policy considerations that are specified in instructions given by the Minister of Employment and Social Development justify it, that Department may

  • (a) revoke an assessment provided by that Department with respect to an application for a work permit;

  • (b) suspend the effects of the assessment; or

  • (c) refuse to process a request for such an assessment.

• Marginal note:For greater certainty

  (1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection.

• Marginal note:Publication

  (1.5) Instructions given under this section shall be published in the Canada Gazette.

• Marginal note:Application

  (1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.

• Marginal note:Revocation

  (1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.

• Marginal note:Minor children

  (2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.

Status Document

Marginal note:Status document

• 31 (1) A permanent resident and a protected person shall be provided with a document indicating their status.

• Marginal note:Effect

  (2) For the purposes of this Act, unless an officer determines otherwise

  • (a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and

  • (b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.

• Marginal note:Travel document

  (3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that

  • (a) they comply with the residency obligation under section 28;

  • (b) an officer has made the determination referred to in paragraph 28(2)(c); or

  • (c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.

Refugee Travel Document

Marginal note:Designated foreign national

31.1 For the purposes of Article 28 of the Refugee Convention, a designated foreign national whose claim for refugee protection or application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24.

Regulations

Marginal note:Regulations

32 The regulations may provide for any matter relating to the application of sections 27 to 31, may define, for the purposes of this Act, the terms used in those sections, and may include provisions respecting

• (a) classes of temporary residents, such as students and workers;

• (b) selection criteria for each class of foreign national and for their family members, and the procedures for evaluating all or some of those criteria;

• (c) anything referred to in paragraph (b) for which a decision or recommendation may or must be made by a designated person, institution or organization;

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

• (d.1) the conditions that must or may be imposed, individually or by class, on individuals and entities — including employers and educational institutions — in respect of permanent residents and foreign nationals, or that must or may be varied or cancelled;

• (d.2) the power to inspect — including the power to require documents to be provided by individuals and entities, including employers and educational institutions, for inspection — for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);

• (d.3) the consequences of a failure to comply with the conditions referred to in paragraphs (d) and (d.1);

• (d.4) a system of administrative monetary penalties applicable to the contravention by an employer of any conditions referred to in paragraph (d.1) and the amounts of those penalties;

• (d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer;

• (e) the residency obligation under section 28, including rules for calculating applicable days and periods; and

• (f) the circumstances in which a document indicating status or a travel document may or must be issued, renewed or revoked.

DIVISION 4Inadmissibility

Marginal note:Rules of interpretation

33 The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.