Immigration and Refugee Protection Act
Sections and provisions with full text and the judgments that cite each one.
Section 91 — Representation or advice for consideration
Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of…
Section 91.1 — Regulations
The regulations may establish a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made…
Section 92 — Incorporated material
A regulation may incorporate by reference the following material: material produced by a person or body other than the Governor in Council; material referred to in paragraph (a) that has been…
Section 93 — Statutory Instruments Act
Instructions given by the Minister or the Minister of Employment and Social Development under this Act and guidelines issued by the Chairperson under paragraph 159(1)(h) are not statutory instruments…
Section 94 — Annual report to Parliament
The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House…
Section 95 — Conferral of refugee protection
Refugee protection is conferred on a person when the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent…
Section 96 — Convention refugee
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is…
Section 97 — Person in need of protection
A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual…
Section 98 — Exclusion — Refugee Convention
A person referred to in section E or F of Article 1 of the Refugee Convention is not a Convention refugee or a person in need of protection.
Section 98.1 — Requirement to report
A designated foreign national on whom refugee protection is conferred under paragraph 95(1)(b) or (c) must report to an officer in accordance with the regulations. A designated foreign national who…
Section 98.2 — Regulations
The regulations may provide for any matter relating to the application of section 98.1 and may include provisions respecting the requirement to report to an officer.
Section 99 — Claim
A claim for refugee protection may be made in or outside Canada. A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention…
Section 100 — Referral to Refugee Protection Division
An officer shall, after receipt of a claim referred to in subsection 99(3), determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall…
Section 101 — Ineligibility
A claim is ineligible to be referred to the Refugee Protection Division if refugee protection has been conferred on the claimant under this Act; a claim for refugee protection by the claimant has…
Section 102 — Regulations
The regulations may govern matters relating to the application of sections 100 and 101, may, for the purposes of this Act, define the terms used in those sections and, for the purpose of sharing…
Section 103 — Suspension
Proceedings of the Refugee Protection Division in respect of a claim for refugee protection are suspended on notice by an officer that the matter has been referred to the Immigration Division to…
Section 104 — Notice of ineligible claim
An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection…
Section 104.1 — Presence in Canada
For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division in the case where the person has…
Section 105 — Suspension if proceeding under Extradition Act
The Refugee Protection Division and Refugee Appeal Division shall not commence, or shall suspend, consideration of any matter concerning a person against whom an authority to proceed has been issued…
Section 106 — Credibility
The Refugee Protection Division must take into account, with respect to the credibility of a claimant, whether the claimant possesses acceptable documentation establishing identity, and if not,…
Section 107 — Decision
The Refugee Protection Division shall accept a claim for refugee protection if it determines that the claimant is a Convention refugee or person in need of protection, and shall otherwise reject the…
Section 107.1 — Manifestly unfounded
If the Refugee Protection Division rejects a claim for refugee protection, it must state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim…
Section 108 — Rejection
A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances: the person has voluntarily…
Section 109 — Vacation of refugee protection
The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or…
Section 109.1 — Designation of countries of origin
The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1. The Minister may only make a designation in the case where the number of claims for refugee…
Section 110 — Appeal
Subject to subsections (1.1) and (2), a person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal…
Section 111 — Decision
After considering the appeal, the Refugee Appeal Division shall make one of the following decisions: confirm the determination of the Refugee Protection Division; set aside the determination and…
Section 111.1 — Regulations
The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting time limits for the provision of documents and information under…
Section 112 — Application for protection
A person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order that is…
Section 113 — Consideration of application
Consideration of an application for protection shall be as follows: an applicant whose claim to refugee protection has been rejected may present only new evidence that arose after the rejection or…
Section 113.01 — Mandatory hearing
Unless the application is allowed without a hearing, a hearing must, despite paragraph 113(b), be held in the case of an applicant for protection whose claim for refugee protection has been…
Section 114 — Effect of decision
A decision to allow the application for protection has in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and in the case of an applicant…
Section 115 — Protection
A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be removed from Canada to a country where they would be at…
Section 116 — Regulations
The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting procedures to be followed with respect to applications for protection…
Section 117 — Organizing entry into Canada
No person shall organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of…
Section 118 — Offence — trafficking in persons
No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion. For the purpose of subsection (1),…
Section 119 — Disembarking persons at sea
A person shall not disembark a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act.
Section 120 — Penalties
A person who contravenes section 118 or 119 is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.
Section 121 — Aggravating factors
The court, in determining the penalty to be imposed under section 120, shall take into account whether bodily harm or death occurred, or the life or safety of any person was endangered, as a result…
Section 121.1 — Definition of criminal organization
For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), criminal organization means a criminal organization as defined in subsection 467.1(1)…
Section 122 — Documents
No person shall, in order to contravene this Act, possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person’s…
Section 123 — Penalty
Every person who contravenes paragraph 122(1)(a) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to five years; and paragraph 122(1)(b) or (c) is guilty…
Section 124 — Contravention of Act
Every person commits an offence who contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;…
Section 125 — Penalties
A person who commits an offence under subsection 124(1) is liable on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both;…
Section 126 — Counselling misrepresentation
Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a…
Section 127 — Misrepresentation
No person shall knowingly directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;…
Section 128 — Penalties
A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not…
Section 129 — Offences relating to officers
Every person is guilty of an offence who being an officer or an employee of the Government of Canada, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe…
Section 130
[Repealed, 2001, c. 32, s. 81]
Section 131 — Counselling offence
Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an…