Immigration and Refugee Protection Act
Sections and provisions with full text and the judgments that cite each one.
Section 176 — Request
The Chairperson may request the Minister to decide whether any member of the Immigration Appeal Division or the Refugee Appeal Division should be subject to remedial or disciplinary measures for a…
Section 177 — Measures
On receipt of the request, the Minister may take one or more of the following measures: obtain, in an informal and expeditious manner, any information that the Minister considers necessary; refer the…
Section 178 — Appointment of inquirer
On receipt of a request referred to in paragraph 177(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct an inquiry.
Section 179 — Powers
The judge has all the powers, rights and privileges that are vested in a superior court, including the power to issue a summons requiring any person to appear at the time and place mentioned in the…
Section 180 — Staff
The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their…
Section 181 — Exceptions to public hearing
An inquiry must be held in public. However, the judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the…
Section 182 — Rules of evidence
In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers…
Section 183 — Right to be heard
The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in…
Section 184 — Report to Minister
After an inquiry has been completed, the judge must submit a report containing the judge’s findings and recommendations, if any, to the Minister. The judge may, for any of the reasons set out in…
Section 185 — Transmission of report to Governor in Council
If the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council who may, if the Governor in Council considers…
Section 186 — Rights not affected
Nothing in sections 176 to 185 affects any right or power of the Governor in Council in relation to the removal of a member from office for cause.
Section 186.1 — Powers
The Minister may administer this Act using electronic means, including as it relates to its enforcement. This Part does not apply to the Minister of Employment and Social Development in respect of…
Section 186.2 — Conditions for electronic version
A requirement under this Act to provide a signature, or to make an application, request, claim, decision or determination, or to submit or issue any document, or to give notice or provide…
Section 186.3 — Regulations
The regulations may provide for any matter respecting the application of section 186.1 and paragraph 186.2(b), and may include provisions respecting the technology or format to be used, or the…
Section 186.4 — Clarification
If any provision of this Act or the regulations authorizes an officer or another individual to require a foreign national or another individual or an entity to submit a visa or other document or to…
Section 187 — Definition of former Act
For the purposes of sections 188 to 201, former Act means the Immigration Act , chapter I-2 of the Revised Statutes of Canada, 1985, and, where applicable, the regulations and rules made under it.
Section 188 — Continuation
The Immigration and Refugee Board continued by section 57 of the former Act is hereby continued. The Chairperson, Deputy Chairpersons and Assistant Deputy Chairpersons appointed under the former Act…
Section * 189 — Powers
Sections 94.6, 102.001 to 102.003 and 107.1 of the former Act are, despite paragraph 274(a), deemed not to be repealed and the Minister may exercise any of the powers described in those sections with…
Section * 190 — Application of this Act
Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into…
Section * 191 — Convention Refugee Determination Division
Every application, proceeding or matter before the Convention Refugee Determination Division under the former Act that is pending or in progress immediately before the coming into force of this…
Section * 192 — Immigration Appeal Division
If a notice of appeal has been filed with the Immigration Appeal Division immediately before the coming into force of this section, the appeal shall be continued under the former Act by the…
Section * 193 — Continuation by Immigration Division
Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of…
Section 194 — Refugee Protection Division
In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an…
Section 195 — Convention Refugee Determination Division
A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.
Section 196 — Appeals
Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former…
Section 197 — Stays
Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection…
Section 198 — Refugee Protection Division
The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the…
Section 199 — Redetermination
Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in…
Section * 200 — Exclusion
Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.
Section 201 — Regulations
The regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of persons who will be subject in whole or in part to this…
Section 245
[Repealed, 2004, c. 15, s. 110]
Section 273 — Terminology
Unless the context requires otherwise, “ Immigration Act ” is replaced by “ Immigration and Refugee Protection Act ” in any regulation, as defined in section 2 of the Statutory Instruments Act ; and…
Section * 275 — Order in council
Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council.