GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 30
Work and study in Canada 30 (1) A foreign national may not work or study in Canada unless authorized to do so under this Act. Authorization (1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations. Instructions (1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal. Concurrence of second officer (1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer. Purpose (1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation. Revocation of work permit (1.41) An officer may revoke a work permit if, in the officer’s opinion, public policy considerations that are specified in instructions given by the Minister justify the revocation. For greater certainty (1.42) For greater certainty, subsection (1.41) does not affect any other lawful authority to revoke a work permit. Revocation or suspension of opinion (1.43) If, in the view of the Department of Employment and Social Development, public policy considerations that are specified in instructions given by the Minister of Employment and Social Development justify it, that Department may (a) revoke an assessment provided by that Department with respect to an application for a work permit; (b) suspend the effects of the assessment; or (c) refuse to process a request for such an assessment. For greater certainty (1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection. Publication (1.5) Instructions given under this section shall be published in the Canada Gazette . Application (1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made. Revocation (1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette . Minor children (2) Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level. 2001, c. 27, s. 30; 2012, c. 1, s. 206; 2013, c. 33, s. 161, c. 40, s. 235; 2014, c. 39, s. 307
Immigration and Refugee Protection Act — I-2.5 31
Status document 31 (1) A permanent resident and a protected person shall be provided with a document indicating their status. Effect (2) For the purposes of this Act, unless an officer determines otherwise (a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and (b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status. Travel document (3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that (a) they comply with the residency obligation under section 28; (b) an officer has made the determination referred to in paragraph 28(2)(c); or (c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.
Immigration and Refugee Protection Act — I-2.5 31.1
Designated foreign national 31.1 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 if they become a permanent resident or are issued a temporary resident permit under section 24. 2012, c. 17, s. 16
Immigration and Refugee Protection Act — I-2.5 32
Regulations 32 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 respecting (a) classes of temporary residents, such as students and workers; (b) selection criteria for each class of foreign national and for their family members, and the procedures for evaluating all or some of those criteria; (c) anything referred to in paragraph (b) for which a decision or recommendation may or must be made by a designated person, institution or organization; (d) the conditions that must or may be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals, including conditions respecting work or study; (d.1) the conditions that must or may be imposed, individually or by class, on individuals and entities — including employers and educational institutions — in respect of permanent residents and foreign nationals, or that must or may be varied or cancelled; (d.2) the power to inspect — including the power to require documents to be provided by individuals and entities, including employers and educational institutions, for inspection — for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1); (d.3) the consequences of a failure to comply with the conditions referred to in paragraphs (d) and (d.1); (d.4) a system of administrative monetary penalties applicable to the contravention by an employer of any conditions referred to in paragraph (d.1) and the amounts of those penalties; (d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer; (e) the residency obligation under section 28, including rules for calculating applicable days and periods; and (f) the circumstances in which a document indicating status or a travel document may or must be issued, renewed or revoked. 2001, c. 27, s. 32; 2012, c. 19, s. 705; 2013, c. 16, s. 37; 2014, c. 20, s. 302, c. 39, s. 309; 2015, c. 36, s. 172
Immigration and Refugee Protection Act — I-2.5 32.1
Obligation — answer truthfully 32.1 (1) 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 order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, answer truthfully all questions put to them by an officer and must produce a visa and all relevant evidence and documents that the officer reasonably requires. Obligation — appear for examination (2) A foreign national who is outside Canada and who holds a document referred to in subsection (1) must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, appear for an examination, including a medical examination, on request of an officer. For greater certainty (3) For greater certainty, subsections (1) and (2) do not affect any other lawful authority relating to the conduct of an examination of foreign nationals. 2026, c. 4, s. 70
Immigration and Refugee Protection Act — I-2.5 32.2
Regulations 32.2 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 truthfully all questions put to them and produce a visa and all relevant evidence and documents. 2026, c. 4, s. 70
Immigration and Refugee Protection Act — I-2.5 33
Rules of interpretation 33 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 that they have occurred, are occurring or may occur.
Immigration and Refugee Protection Act — I-2.5 34
Security 34 (1) A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests; (b) engaging in or instigating the subversion by force of any government; (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c). (2) [Repealed, 2013, c. 16, s. 13] 2001, c. 27, s. 34; 2013, c. 16, s. 13
Immigration and Refugee Protection Act — I-2.5 35
Human or international rights violations 35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act ; (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act ; or (c) [Repealed, 2023, c. 19, s. 5] (c.1) having engaged in conduct that would, in the opinion of the Minister, constitute an offence under section 240.1 of the Criminal Code . (d) [Repealed, 2023, c. 19, s. 5] (e) [Repealed, 2023, c. 19, s. 5] (2) [Repealed, 2023, c. 19, s. 5] 2001, c. 27, s. 35; 2013, c. 16, s. 14; 2017, c. 21, s. 18 2022, c. 18, s. 3 2023, c. 19, s. 5
Immigration and Refugee Protection Act — I-2.5 35.1
Sanctions 35.1 (1) A foreign national is inadmissible on grounds of sanctions if (a) their entry into or stay in Canada is restricted under a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a person, entity or foreign state , within the meaning of section 2 of the Special Economic Measures Act , against which or whom Canada has imposed or has agreed to impose sanctions in concert with that organization or association; (b) they are currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act ; or (c) they are currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) . Clarification (2) For greater certainty, despite section 33, a foreign national whose entry into or stay in Canada is no longer restricted under a decision, resolution or measure referred to in paragraph (1)(a) or who ceases being the subject of an order or regulation referred to in paragraph (1)(b) or (c) is no longer inadmissible under that paragraph. 2023, c. 19, s. 6
Immigration and Refugee Protection Act — I-2.5 37
Organized criminality 37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for (a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or (b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime. Application (2) Paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity. 2001, c. 27, s. 37; 2013, c. 16, s. 15; 2015, c. 3, s. 109(E) 2023, c. 32, s. 54(F)
Immigration and Refugee Protection Act — I-2.5 38
Health grounds 38 (1) A foreign national is inadmissible on health grounds if their health condition (a) is likely to be a danger to public health; (b) is likely to be a danger to public safety; or (c) might reasonably be expected to cause excessive demand on health or social services. Exception (2) Paragraph (1)(c) does not apply in the case of a foreign national who (a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations; (b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances; (c) is a protected person; or (d) is, if prescribed, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c). 2001, c. 27, s. 38 2026, c. 4, s. 36(E)
Immigration and Refugee Protection Act — I-2.5 39
Financial reasons 39 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 that adequate arrangements for care and support, other than those that involve social assistance, have been made.
Immigration and Refugee Protection Act — I-2.5 40
Misrepresentation 40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act; (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation; (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or (d) on ceasing to be a citizen under (i) paragraph 10(1)(a) of the Citizenship Act , as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act , in the circumstances set out in subsection 10(2) of the Citizenship Act , as it read immediately before that coming into force, (ii) subsection 10(1) of the Citizenship Act , in the circumstances set out in section 10.2 of that Act, or (iii) subsection 10.1(3) of the Citizenship Act , in the circumstances set out in section 10.2 of that Act. Application (2) The following provisions govern subsection (1): (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and (b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility. Inadmissible (3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a). 2001, c. 27, s. 40; 2012, c. 17, s. 17; 2013, c. 16, s. 16; 2014, c. 22, s. 42; 2017, c. 14, s. 25
Immigration and Refugee Protection Act — I-2.5 40.1
Cessation of refugee protection — foreign national 40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased. Cessation of refugee protection — permanent resident (2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d). 2012, c. 17, s. 18
Immigration and Refugee Protection Act — I-2.5 41
Non-compliance with Act 41 A person is inadmissible for failing to comply with this Act (a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and (b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.
Immigration and Refugee Protection Act — I-2.5 42
Inadmissible family member 42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or (b) they are an accompanying family member of an inadmissible person. Exception (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident, (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35, 35.1 or 37; and (b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35, 35.1 or 37. 2001, c. 27, s. 42; 2013, c. 16, s. 17 2023, c. 19, s. 7
Immigration and Refugee Protection Act — I-2.5 42.1
Exception — application to Minister 42.1 (1) 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 foreign national if they satisfy the Minister that it is not contrary to the national interest. Exception — Minister’s own initiative (2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraph 35(1)(b) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest. Considerations (3) In determining whether to make a declaration, the Minister may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada. 2013, c. 16, s. 18 2023, c. 19, s. 8
Immigration and Refugee Protection Act — I-2.5 43
Regulations 43 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 respecting the circumstances in which a class of permanent residents or foreign nationals is exempted from any of the provisions of this Division.
Immigration and Refugee Protection Act — I-2.5 44
Preparation of report 44 (1) 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 transmitted to the Minister. Referral or removal order (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the case of a foreign national, in the prescribed circumstances. In those cases, the Minister may make a removal order. Conditions (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order. Conditions — inadmissibility on grounds of security (4) If a report on inadmissibility on grounds of security is referred to the Immigration Division and the permanent resident or the foreign national who is the subject of the report is not detained, an officer shall also impose the prescribed conditions on the person. Duration of conditions (5) The prescribed conditions imposed under subsection (4) cease to apply only when (a) the person is detained; (b) the report on inadmissibility on grounds of security is withdrawn; (c) a final determination is made not to make a removal order against the person for inadmissibility on grounds of security; (d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or (e) a removal order is enforced against the person in accordance with the regulations. 2001, c. 27, s. 44; 2013, c. 16, s. 19 2026, c. 4, s. 37(E)
Immigration and Refugee Protection Act — I-2.5 44.1
Presence in Canada 44.1 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. 2026, c. 4, s. 38
Immigration and Refugee Protection Act — I-2.5 45
Decision 45 The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions: (a) recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship Act , a person registered as an Indian under the Indian Act or a permanent resident; (b) grant permanent resident status or temporary resident status to a foreign national if it is satisfied that the foreign national meets the requirements of this Act; (c) authorize a permanent resident or a foreign national, with or without conditions, to enter Canada for further examination; or (d) make the applicable removal order against a foreign national who has not been authorized to enter Canada, if it is not satisfied that the foreign national is not inadmissible, or against a foreign national who has been authorized to enter Canada or a permanent resident, if it is satisfied that the foreign national or the permanent resident is inadmissible.