Immigration and Refugee Protection Act
Sections and provisions with full text and the judgments that cite each one.
Section 72 — Application for judicial review
Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is, subject to section 86.1, commenced…
Section 73 — Right of Minister
The Minister may make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, whether or not the Minister took part in the…
Section 74 — Judicial review
Judicial review is subject to the following provisions: the judge who grants leave shall fix the day and place for the hearing of the application; the hearing shall be no sooner than 30 days and no…
Section 75 — Rules
Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to…
Section 76 — Definitions
The following definitions apply in this Division. information means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, the…
Section 77 — Referral of certificate
The Minister and the Minister of Citizenship and Immigration shall sign a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security, violating human or…
Section 77.1 — Conditions — inadmissibility on grounds of security
If a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security is referred to the Federal Court and no warrant for the person’s arrest and detention is…
Section 78 — Determination
The judge shall determine whether the certificate is reasonable and shall quash the certificate if he or she determines that it is not.
Section 79 — Appeal
An appeal from the determination may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no…
Section 79.1 — Appeal by Minister
Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any…
Section 80 — Effect of certificate
A certificate that is determined to be reasonable is conclusive proof that the person named in it is inadmissible and is a removal order that is in force without it being necessary to hold or…
Section 81 — Ministers’ warrant
The Minister and the Minister of Citizenship and Immigration may issue a warrant for the arrest and detention of a person who is named in a certificate if they have reasonable grounds to believe that…
Section 82 — Initial review of detention
A judge shall commence a review of the reasons for the person’s continued detention within 48 hours after the detention begins. Until it is determined whether a certificate is reasonable, a judge…
Section 82.1 — Variation of orders
A judge may vary an order made under subsection 82(5) on application of the Minister or of the person who is subject to the order if the judge is satisfied that the variation is desirable because of…
Section 82.2 — Arrest and detention — breach of conditions
A peace officer may arrest and detain a person released under section 82 or 82.1 if the officer has reasonable grounds to believe that the person has contravened or is about to contravene any…
Section 82.3 — Appeal
An appeal from a decision made under any of sections 82 to 82.2 may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and…
Section 82.31 — Appeal by Minister
Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any…
Section 82.4 — Minister’s order to release
The Minister may, at any time, order that a person who is detained under any of sections 82 to 82.2 be released from detention to permit their departure from Canada.
Section 83 — Protection of information
The following provisions apply to proceedings under any of sections 78 and 82 to 82.2: the judge shall proceed as informally and expeditiously as the circumstances and considerations of fairness and…
Section 84 — Protection of information on appeal
Section 83 — other than the obligation to provide a summary — and sections 85.1 to 85.5 apply in respect of an appeal under section 79, 79.1, 82.3 or 82.31 and in respect of any further appeal, with…
Section 85 — List of persons who may act as special advocates
The Minister of Justice shall establish a list of persons who may act as special advocates and shall publish the list in a manner that the Minister of Justice considers appropriate to facilitate…
Section 85.1 — Special advocate’s role
A special advocate’s role is to protect the interests of the permanent resident or foreign national in a proceeding under any of sections 78 and 82 to 82.2 when information or other evidence is heard…
Section 85.2 — Powers
A special advocate may make oral and written submissions with respect to the information and other evidence that is provided by the Minister and is not disclosed to the permanent resident or foreign…
Section 85.3 — Immunity
A special advocate is not personally liable for anything they do or omit to do in good faith under this Division.
Section 85.4 — Obligation to provide information
Subject to paragraph 83(1)(c.1), the Minister shall, within a period set by the judge, provide the special advocate with a copy of the information and other evidence that is relevant to the case made…
Section 85.5 — Disclosure and communication prohibited
With the exception of communications authorized by a judge, no person shall disclose information or other evidence that is disclosed to them under section 85.4 and that is treated as confidential by…
Section 85.6 — Rules
The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court may each establish a committee to make rules governing the practice and procedure in relation to the…
Section 86 — Application for non-disclosure
The Minister may, during an admissibility hearing, a detention review or an appeal before the Immigration Appeal Division, apply for the non-disclosure of information or other evidence. Sections 83…
Section 86.1 — Judicial review
The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence…
Section 87 — Application for non-disclosure — judicial review and appeal
The Minister may, during a judicial review, apply for the non-disclosure of information or other evidence. Section 83 — other than the obligations to appoint a special advocate and to provide a…
Section 87.01 — Appeal by Minister
The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal…
Section 87.1 — Special advocate
If the judge during the judicial review, or a court on appeal from the judge’s decision, is of the opinion that considerations of fairness and natural justice require that a special advocate be…
Section 87.2 — Regulations
The regulations may provide for any matter relating to the application of this Division and may include provisions respecting the conditions that must be imposed under subsection 77.1(1) or 82(6);…
Section 87.3 — Application
This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship…
Section 87.3001 — Public interest
For the purposes of subsections 87.301(1), 87.302(1) and 87.303(1) and (2), the making of an order is consistent with the public interest if its purpose is to address matters such as administrative…
Section 87.301 — Order in council — applications
The Governor in Council may make an order specifying one or more of the following, if the Governor in Council is of the opinion that it is in the public interest to do so: applications for permanent…
Section 87.302 — Order in council — documents
If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, cancel or vary documents, including permanent resident visas, permanent…
Section 87.303 — Amendments by Governor in Council
If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, amend or repeal any order made under subsection 87.301(1) or 87.302(1).…
Section 87.3031 — Report to Parliament
If an order is made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after…
Section 87.304 — Obligation
A person must answer truthfully all questions put to them by an officer that relate to the application of an order made under subsection 87.302(1) and must produce a visa and all relevant evidence…
Section 87.305 — Non-application of Statutory Instruments Act
An order made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), or a ministerial order referred to in subsection 87.303(2), is exempt from the application of sections 3, 5 and 11 of the…
Section 87.31 — Order in council
If the Governor in Council is of the opinion that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the…
Section 87.4 — Application made before February 27, 2008
An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March…
Section 87.5 — Pending applications
An application by a foreign national for a permanent resident visa as a member of the prescribed class of investors or of entrepreneurs is terminated if, before February 11, 2014, it has not been…
Section 88 — Loans
The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund, up to the maximum amount that is prescribed, sums that the Minister may require in order…
Section 89 — Regulations
The regulations may govern fees for services provided in the administration of this Act, and cases in which fees may be waived by the Minister or otherwise, individually or by class. The Service Fees…
Section 89.1 — Fees for rights and privileges
The regulations may govern fees to be paid for rights and privileges conferred by means of a work permit; and waive the fees referred to in paragraph (a) for certain work permits or certain classes…
Section 89.11 — Service Fees Act
The Service Fees Act does not apply to fees for the acquisition of permanent resident status.
Section 89.2 — Fees — compliance regime
The regulations may govern fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of foreign nationals whose authorizations to work in Canada do…
Section 90 — Minister directs special numbers to be issued
The Minister may direct the Canada Employment Insurance Commission to assign to persons, other than Canadian citizens or permanent residents, Social Insurance Numbers identifying those persons as…