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CHAPTER 1

1. CONTENTS OF THE IMMIGRATION AND REFUGEE PROTECTION ACT

1.1 Structure of the Act

Chapter	Description	Reference
General Provisions:	definitions, objectives, manner of applying the Act, enabling authority, agreements, etc.	IRPA, ss.1 to 10
Part 1:	Immigration to Canada	IRPA, ss.11 to 94
Part 2:	Refugee Protection	IRPA, ss.95 to 116
Part 3:	Enforcement	IRPA, ss.117 to 150
Part 4:	Immigration and Refugee Board	IRPA, ss.151 to 186
Part 5:	Transitional Provisions, etc.	IRPA, ss.187 to 275
Schedule:	Refugee Convention, Articles 1E and F; Convention Against Torture, s.1	IRPA, Schedule

1.2 Key Provisions for the Board

1.2.1 IRB - General

Description	Reference
— appointment of members	IRPA, s.153
— powers and duties of Chairperson	IRPA, s.159
— authority to make IRB rules of practice and procedure	IRPA, s.161
— provisions that apply to all Divisions	IRPA, ss.162 to 169

1.2.2 ID Provisions

Description	Reference
— report on inadmissibility	IRPA, s.44
— decisions by ID at admissibility hearing	IRPA, s.45
— detention review by ID	IRPA, ss.57, 58
— composition of ID and proceedings	IRPA, ss.172, 173
— non-disclosure of protected information at ID	IRPA, s.86

1.2.3 IAD Provisions

Description	Reference
— appeals to IAD	IRPA, ss.62 to 71
— court of record and proceedings	IRPA, ss.174, 175
— non-disclosure of protected information at IAD	IRPA, s.86

1.2.4 RPD Provisions

Description	Reference
— "Convention refugee"	IRPA, s.96
— "person in need of protection"	IRPA, s.97
— exclusion:   Articles 1E and F of the Refugee Convention	IRPA, s.98; Schedule
— cessation	IRPA, s.108
— vacation of refugee protection	IRPA, s.109
— referral to RPD	IRPA, s.100
— ineligibility grounds	IRPA, s.101
— RPD decision and no credible basis	IRPA, s.107
— proceedings	IRPA, s.170

1.2.5 RAD Provisions

Description	Reference
— appeal to RAD	IRPA, ss.110, 111
— proceedings	IRPA, s.171

1.2.6 Grounds of Inadmissibility

Description	Reference
— rules of interpretation: inadmissibility under ss.34 to 37 include facts arising from omissions, etc.	IRPA, s.33
— depending on the requirements of the particular section of IRPA, a foreign national or a permanent resident may be inadmissible
• on security grounds	IRPA, s.34
• on grounds of violating human or international rights	IRPA, s.35
• on grounds of serious criminality	IRPA, s.36(1)
• on grounds of criminality	IRPA, s.36(2)
• on grounds of organized criminality	IRPA, s.37
• on health grounds	IRPA, s.38
• for financial reasons	IRPA, s.39
• for misrepresentation	IRPA, s.40
• for failing to comply with this Act	IRPA, s.41
• on grounds of an inadmissible family member	IRPA, s.42
— the regulations may provide for any matter relating to the application of the inadmissibility provisions, may define any of the terms used in the inadmissibility provisions, and may provide for exemptions from any of the inadmissibility provisions	IRPA, s.43

1.3 Designations and Delegations by the Minister

1.3.1 Designation of Officers

Description	Reference
— the Minister may designate any person or classes of persons as officers to carry out purpose of the provisions of this Act	IRPA, s.6(1)
Note: The Act does not give titles to officers, such as visa officer, examining officer, senior immigration officer or immigration officer.

1.3.2 Delegation of Minister's Powers

Description	Reference
— 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	IRPA, s.6(2)
— however, the Minister may not delegate the power conferred by • s.77(1) (signing a security certificate stating that a permanent resident or foreign national is inadmissible on security grounds, etc.) • s.34(2) (the Minister is satisfied that the presence in Canada of a person who is inadmissible on security grounds would not be detrimental to the national interest) • s.35(2) (the Minister is satisfied that the presence in Canada of a person who is inadmissible on grounds of violating human or international rights would not be detrimental to the national interest) or • s.37(2)(a) (the Minister is satisfied that the presence in Canada of a person who is inadmissible on grounds of organized criminality would not be detrimental to the national interest)	IRPA, s.6(3)

1.4 Authority to Make Regulations

Description	Reference
— unless otherwise indicated, references in this Act to "this Act" include regulations made under the Act	IRPA, s.2(2)
Note: Authority to make regulations is found in many sections of the Act, as described below. In some cases, terms found in the Act may be defined in the regulations.

1.4.1 General Authority to Make Regulations

Description	Reference
— the GIC may make any regulation • that is referred to in this Act or • that prescribes any matter whose prescription is referred to in this Act	IRPA, s.5(1)

1.4.2 Specific Authority to Make Specific Regulations

Description	Reference
— IRPA also includes specific authority to make regulations with respect to the following provisions of the Act: • requirements before entering Canada; selection of permanent residents; and sponsorship of foreign nationals	IRPA, s.14
• examination by officer	IRPA, s.17
• entering and remaining in Canada; status and authorization to enter	IRPA, s.26
• rights and obligations of permanent and temporary residents; status document	IRPA, s.32
• inadmissibility	IRPA, s.43
• report on inadmissibility; ID admissibility hearing; loss of status; enforcement of removal orders	IRPA, s.53
• detention and release	IRPA, s.61
• representation before the Minister, an officer, or the IRB	IRPA, s.91
• examination of eligibility to refer a claim	IRPA, s.102
• pre-removal risk assessment and decisions under IRPA, s.115 regarding non-refoulement	IRPA, s.116
• transportation companies	IRPA, s.150
• transitional provisions	IRPA, s.201
— IRPA also includes several other specific provisions which authorize regulations to be made regarding topics mentioned within the same section of the Act, such as: • 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…or (v) referred to in regulations providing for other means of compliance	IRPA, s.28(2)(a)
• if the Minister is of the opinion that the report regarding a foreign national is well-founded, the Minister may refer the report to the ID for an admissibility hearing, except in the circumstances prescribed by the regulations	IRPA, s.44(2)
• a person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection	IRPA, s.97(2)

1.4.3 Regulations that Must be Tabled in Parliament

Description	Reference
— proposed regulations made pursuant to the following sections of IRPA must be tabled in each House of Parliament, and each House will refer the proposed regulation to the appropriate Committee of that House:	IRPA, s.5(2)
• s.17 (examinations: ss.15 and 16)
• s.32 (rights and obligations of temporary and permanent residents; status documents: ss.27 to 31)
• s.53 (loss of status and removal: ss.44 to 52)
• s.61 (detention and release: ss.54 to 60)
• s.102 (examination of eligibility to refer claim: ss.100 and 101)
• s.116 (PRRA and principle of non-refoulement: ss.112 to 115)
• s.150 (transportation companies: ss.148 and 149)

1.5 Objectives and Application of the Act

1.5.1 Objectives - Immigration

Description	Reference
— eleven objectives with respect to immigration are set out in the Act, including: • to permit Canada to pursue the maximum social, cultural and economic benefits of immigration and • to promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks	IRPA, s.3(1)

1.5.2 Objectives - Refugees

Description	Reference
— the objectives of this Act with respect to refugees are:	IRPA, s.3(2)
• to recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted	IRPA, s.3(2)(a)
• to fulfil Canada's international legal obligations with respect to refugees and affirm Canada's commitment to international efforts to provide assistance to those in need of resettlement	IRPA, s.3(2)(b)
• to grant, as a fundamental expression of Canada's humanitarian ideals, fair consideration to those who come to Canada claiming persecution	IRPA, s.3(2)(c)
• 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	IRPA, s.3(2)(d)
• 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	IRPA, s.3(2)(e)
• to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members in Canada	IRPA, s.3(2)(f)
• to protect the health and safety of Canadians and to maintain the security of Canadian society and	IRPA, s.3(2)(g)
• to promote international justice and security by denying access to Canadian territory to persons, including refugee claimants, who are security risks or serious criminals	IRPA, s.3(2)(h)

1.5.3 Application of the Act

Description	Reference
— the Act is to be construed and applied in a manner that	IRPA, s.3(3)
• furthers the domestic and international interests of Canada	IRPA, s.3(3)(a)
• promotes accountability and transparency by enhancing public awareness of immigration and refugee programs	IRPA, s.3(3)(b)
• facilitates cooperation between the Government of Canada, provincial governments, foreign states, international organizations and non-governmental organizations	IRPA, s.3(3)(c)
• ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms, including its principles – of equality and freedom from discrimination and – of the equality of English and French as the official languages of Canada	IRPA, s.3(3)(d)
• supports the commitment of the Government of Canada to enhance the vitality of the English and French linguistic minority communities in Canada, and	IRPA, s.3(3)(e)
• complies with international human rights instruments to which Canada is signatory	IRPA, s.3(3)(f)

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