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Bill C-31

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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-31

An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

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

INTERPRETATION

Definitions

2. (1) The definitions in this subsection apply in this Act.

``Board''
« Commission »

``Board'' means the Immigration and Refugee Board and consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division.

``Convention Against Torture''
« Convention contre la torture »

``Convention Against Torture'' means the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule.

``foreign national'' Version anglaise seulement

``foreign national'' means a person who is not a Canadian citizen, and includes a stateless person.

``prescribed'' Version anglaise seulement

``prescribed'' means prescribed by regulations made by the Governor in Council.

``Refugee Convention''
« Convention sur les refugiés »

``Refugee Convention'' means the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951, and the Protocol to that Convention, signed at New York City on January 31, 1967. Sections E and F of Article 1 of the Refugee Convention are set out in the schedule.

Act includes regulations

(2) Unless otherwise indicated, references in this Act to ``this Act'' include regulations made under it.

OBJECTIVES AND APPLICATION

Objectives - immigration

3. (1) The objectives of this Act with respect to immigration are

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

    (b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal and bilingual character of Canada;

    (c) to support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;

    (d) to see that families are reunited;

    (e) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society;

    (f) to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces;

    (g) to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;

    (h) to protect the health and safety of Canadians and to maintain the security of Canadian society; and

    (i) to promote international justice and security by denying access to Canadian territory to foreign nationals who are criminals or security risks.

Objectives - refugees

(2) The objectives of this Act with respect to refugees are

    (a) to recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted;

    (b) to fulfil Canada's international legal obligations with respect to refugees and affirm our commitment to international efforts to provide assistance to those in need of resettlement;

    (c) to grant, as a fundamental expression of Canada's humanitarian ideals, fair consideration to those who come to Canada claiming persecution;

    (d) to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment;

    (e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada's respect for the human rights and fundamental freedoms of all human beings;

    (f) to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members;

    (g) to protect the health and safety of Canadians and to maintain the security of Canadian society; and

    (h) to promote international justice and security by denying access to Canadian territory to foreign nationals, including refugee claimants, who are serious criminals or security risks.

Application

(3) This Act is to be construed and applied in a manner that

    (a) furthers the domestic and international interests of Canada;

    (b) promotes accountability and transparency by enhancing public awareness of immigration and refugee programs;

    (c) facilitates cooperation between the Government of Canada, provincial governments, foreign states, international organizations and non-governmental organizations; and

    (d) ensures that any person seeking admission to Canada is subject to standards, policies and procedures consistent with the Canadian Charter of Rights and Freedoms.

ENABLING AUTHORITY

Minister

4. The Minister responsible for the administration of this Act is the member of the Queen's Privy Council who is designated as such by the Governor in Council.

Regulations

5. Except as otherwise provided, the Governor in Council may make all regulations referred to in this Act, and may make any other regulations that the Governor in Council considers necessary to carry out the objectives of this Act.

Designated officers

6. (1) The Minister may designate persons or classes of persons as designated officers to carry out any purpose of the provisions of this Act and shall specify the powers and duties of designated officers.

Delegation of powers

(2) Anything that may be done by the Minister under this Act may be done by a person that the Minister authorizes in writing, without proof of the authenticity of the authorization. However, the Minister may not delegate any powers provided for in subsection 30(2) or 31(2) or paragraph 33(2)(a) (Minister's opinion) or in section 71 (signing of certificate) or 73 (Minister's opinion) or paragraph 107(4)(b) (protection) or 108(2)(b) (non-removal).

AGREEMENTS WITH GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS

International agreements

7. The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a foreign state or with an international organization for the purposes of this Act.

Federal-provi n-
cial agreements

8. (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of any province for the purposes of this Act. The Minister must publish, once a year, a list of the federal-provincial agreements that are in force.

Consistency with agreement

(2) Subject to subsection (3) but despite the other provisions of this Act, the selection of foreign nationals, sponsorship and authorizations for foreign nationals to enter and remain in Canada under this Act, and any regulations that are made with respect to those matters, must be consistent with the federal-provincial agreements.

Inadmissi-
bility not limited

(3) Subsection (2) is not to be construed to limit the application of any provision of this Act concerning inadmissibility to Canada.

Sole provincial responsibility - permanent residents

9. (1) The following rules apply in respect of a foreign national who is a member of a class for which a province has sole selection responsibility under a federal-provincial agreement and who intends to reside in that province as a permanent resident, unless the agreement provides otherwise:

    (a) the foreign national, unless inadmissible under this Act, is to be authorized to enter and remain in Canada as a permanent resident if the foreign national meets the selection criteria of the province;

    (b) the foreign national is not to be authorized to enter and remain in Canada as a permanent resident if the foreign national does not meet the selection criteria of the province or, in the case of an authorization under subsection 22(1), without the consent of the province;

    (c) an authorization for the foreign national to enter and remain in Canada as a permanent resident under this Act is subject to the provisions of the law of the province governing

      (i) the number of foreign nationals who may settle in the province as permanent residents, whether that number is an estimate or a maximum, and

      (ii) the distribution of that number among classes of foreign nationals; and

    (d) conditions that may be attached, in accordance with the law of the province, to an authorization for the foreign national to enter and remain in Canada as a permanent resident have the same force and effect as if they were made under this Act.

Sole provincial responsibility - appeals

(2) If a federal-provincial agreement gives a province sole responsibility to establish and apply financial criteria with respect to undertakings that sponsors living in that province may make in order to allow a foreign national to enter and remain as a permanent resident, then, unless the agreement provides otherwise, the existence of a right of appeal under the law of that province respecting rejections by provincial officials of applications for sponsorship, for reasons of failing to meet financial criteria or to comply with a prior undertaking, prevents the sponsor, except on humanitarian and compassionate grounds, from appealing under this Act against a refusal, based on those reasons, to issue a visa or to authorize the foreign national to enter and remain in Canada as a permanent resident.

Consulta-
tions with the provinces

10. (1) The Minister may consult with the governments of the provinces on immigration and refugee protection policies and programs, in order to facilitate cooperation and to take into consideration the effects that the implementation of this Act may have on the provinces.

Required consultations

(2) The Minister must consult with the governments of the provinces respecting the number of foreign nationals in each class to whom it is planned to grant permanent resident status each year, their distribution in Canada taking into account regional economic and demographic requirements, and the measures to be undertaken to facilitate their integration into Canadian society.

PART 1

IMMIGRATION TO CANADA

DIVISION 1

REQUIREMENTS BEFORE ENTERING CANADA AND SELECTION

Requirements Before Entering Canada

Application before entering Canada

11. (1) A foreign national must, before entering Canada, apply to a designated officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the designated officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

If sponsor does not meet requirements

(2) The designated officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act.

Selection of Permanent Residents

Economic immigration

12. (1) 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.

Family reunification

(2) 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 or other prescribed family member of a Canadian citizen or permanent resident.

Convention refugees and protected persons

(3) A foreign national may be selected as a member of the Convention refugees overseas class, the humanitarian class, the Convention refugees in Canada class and the persons in need of protection class, taking into account Canada's humanitarian tradition with respect to the displaced and the persecuted. ``Convention refugee'' has the meaning assigned to it in section 89. ``Person in need of protection'' has the meaning assigned to it in section 90.

Sponsorship of Foreign Nationals

Right to sponsor family member

13. (1) A Canadian citizen or permanent resident may sponsor a foreign national who is a member of the family class to enter and remain in Canada.

Group right to sponsor

(2) A group of Canadian citizens or permanent residents, a corporation incorporated by or under an Act of Parliament or of the legislature of a province or an unincorporated organization or association under federal or provincial law, or a combination of any of those persons or entities, may, subject to the regulations, sponsor a foreign national who is a member of the Convention refugees overseas class or of the humanitarian class to enter and remain in Canada.

Obligation

(3) An undertaking relating to sponsorship is binding on the person who gives it.

Instructions of Minister

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

Regulations

Regulations

14. (1) Regulations may be made to provide for any matter relating to the application of this Division and to define the terms used in this Division.

Regulations

(2) Regulations may be made prescribing classes of foreign nationals and respecting any matter relating to each class, including the classes referred to in section 12. The regulations 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 a designated 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 dependants;

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

    (d) conditions that may or must be imposed either individually or by class;

    (e) sponsors' undertakings and penalties for failure to comply with them; and

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

Recommen-
dations

(3) Regulations may be made with respect to matters referred to in paragraph (2)(a) and any other matter for which a recommendation to the Minister or a decision may or shall be made by a designated person, institution or organization with respect to a foreign national or sponsor.