Immigration and Refugee Protection Act
Sections and provisions with full text and the judgments that cite each one.
Section 31 — Status document
A permanent resident and a protected person shall be provided with a document indicating their status. For the purposes of this Act, unless an officer determines otherwise a person in possession of a…
Section 31.1 — Designated foreign national
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…
Section 32 — Regulations
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…
Section 32.1 — Obligation — answer truthfully
A foreign national who is outside Canada and who holds a permanent resident visa, temporary resident visa, electronic travel authorization, temporary resident permit or any other document must, in…
Section 32.2 — Regulations
The regulations may prescribe the circumstances in which a foreign national who is outside Canada and who holds a document referred to in subsection 32.1(1) must appear for examination, answer…
Section 33 — Rules of interpretation
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…
Section 34 — Security
A permanent resident or a foreign national is inadmissible on security grounds for engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; engaging in or…
Section 35 — Human or international rights violations
A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for committing an act outside Canada that constitutes an offence referred to in…
Section 35.1 — Sanctions
A foreign national is inadmissible on grounds of sanctions if their entry into or stay in Canada is restricted under a decision, resolution or measure of an international organization of states or…
Section 36 — Serious criminality
A permanent resident or a foreign national is inadmissible on grounds of serious criminality for having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term…
Section 37 — Organized criminality
A permanent resident or a foreign national is inadmissible on grounds of organized criminality for being a member of an organization that is believed on reasonable grounds to be or to have been…
Section 38 — Health grounds
A foreign national is inadmissible on health grounds if their health condition is likely to be a danger to public health; is likely to be a danger to public safety; or might reasonably be expected to…
Section 39 — Financial reasons
A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer…
Section 40 — Misrepresentation
A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or…
Section 40.1 — Cessation of refugee protection — foreign national
A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased. A permanent resident is inadmissible on a final determination that their…
Section 41 — Non-compliance with Act
A person is inadmissible for failing to comply with this Act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and in…
Section 42 — Inadmissible family member
A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if their accompanying family member or, in prescribed circumstances, their…
Section 42.1 — Exception — application to Minister
The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraph 35(1)(b) and subsection 37(1) do not constitute inadmissibility in respect of the…
Section 43 — Regulations
The regulations may provide for any matter relating to the application of this Division, may define, for the purposes of this Act, any of the terms used in this Division, and may include provisions…
Section 44 — Preparation of report
An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be…
Section 44.1 — Presence in Canada
The Immigration Division must not hold an admissibility hearing if the permanent resident or foreign national who is the subject of the hearing is not physically present in Canada.
Section 45 — Decision
The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions: recognize the right to enter Canada of a Canadian citizen within the meaning of the…
Section 46 — Permanent resident
A person loses permanent resident status when they become a Canadian citizen; on a final determination of a decision made outside of Canada that they have failed to comply with the residency…
Section 47 — Temporary resident
A foreign national loses temporary resident status at the end of the period for which they are authorized to remain in Canada; on a determination by an officer or the Immigration Division that they…
Section 48 — Enforceable removal order
A removal order is enforceable if it has come into force and is not stayed. If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the…
Section 49 — In force
A removal order comes into force on the day on which it is made, if there is no right to appeal; the day after the day on which the appeal period expires, if there is a right to appeal and no appeal…
Section 50 — Stay
A removal order is stayed if a decision that was made in a judicial proceeding — at which the Minister shall be given the opportunity to make submissions — would be directly contravened by the…
Section 51 — Void — permanent residence
A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.
Section 52 — No return without prescribed authorization
If a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances. If a removal order for which there is no…
Section 53 — Regulations
The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting conditions that may or must be imposed, varied, or cancelled,…
Section 54 — Immigration Division
The Immigration Division is the competent Division of the Board with respect to the review of reasons for detention under this Division.
Section 55 — Arrest and detention with warrant
An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the…
Section 56 — Release — officer
An officer may order the release from detention of a permanent resident or a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the…
Section 57 — Review of detention
Within 48 hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the Immigration Division must review the reasons for the continued detention. At…
Section 57.1 — Initial review — designated foreign national
Despite subsections 57(1) and (2), in the case of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, the…
Section 58 — Release — Immigration Division
The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that they are a danger to the public;…
Section 58.1 — Release — on request
The Minister may, on request of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from…
Section 59 — Incarcerated foreign nationals
If a warrant for arrest and detention under this Act is issued with respect to a permanent resident or a foreign national who is detained under another Act of Parliament in an institution, the person…
Section 60 — Minor children
For the purposes of this Division, it is affirmed as a principle that a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and criteria…
Section 61 — Regulations
The regulations may provide for the application of this Division, and may include provisions respecting grounds for and criteria with respect to the release of persons from detention; the type of…
Section 62 — Competent jurisdiction
The Immigration Appeal Division is the competent Division of the Board with respect to appeals under this Division.
Section 63 — Right to appeal — visa refusal of family class
A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to…
Section 64 — No appeal for inadmissibility
No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be…
Section 65 — Humanitarian and compassionate considerations
In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate…
Section 66 — Disposition
After considering the appeal of a decision, the Immigration Appeal Division shall allow the appeal in accordance with section 67; stay the removal order in accordance with section 68; or dismiss the…
Section 67 — Appeal allowed
To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of, the decision appealed is wrong in law or fact or mixed law and fact; a…
Section 68 — Removal order stayed
To stay a removal order, the Immigration Appeal Division must be satisfied, taking into account the best interests of a child directly affected by the decision, that sufficient humanitarian and…
Section 69 — Dismissal
The Immigration Appeal Division shall dismiss an appeal if it does not allow the appeal or stay the removal order, if any. In the case of an appeal by the Minister respecting a permanent resident or…
Section 70 — Decision binding
An officer, in examining a permanent resident or a foreign national, is bound by the decision of the Immigration Appeal Division to allow an appeal in respect of the permanent resident or foreign…
Section 71 — Reopening appeal
The Immigration Appeal Division, on application by a foreign national who has not left Canada under a removal order, may reopen an appeal if it is satisfied that it failed to observe a principle of…