GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 104.1
Presence in Canada 104.1 (1) 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 (a) in the case where the person has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Protection Division has not yet made a decision in respect of the claim, must determine that the claim has been abandoned; and (b) in any other case, must not commence, or must suspend, consideration of the claim. Refugee Appeal Division (2) If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division (a) in the case where the person has made the appeal and has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Appeal Division has not yet made a decision in respect of the appeal, must determine that the appeal has been abandoned; and (b) in any other case, must not commence, or must suspend, consideration of the appeal, other than an appeal by the Minister. 2026, c. 4, s. 47
Immigration and Refugee Protection Act — I-2.5 105
Suspension if proceeding under Extradition Act 105 (1) 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 under section 15 of the Extradition Act with respect to an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, until a final decision under the Extradition Act with respect to the discharge or surrender of the person has been made. Continuation if discharge under Extradition Act (2) If the person is finally discharged under the Extradition Act , the proceedings of the applicable Division may be commenced or continued as though there had not been any proceedings under that Act. Rejection if surrender under Extradition Act (3) If the person is ordered surrendered by the Minister of Justice under the Extradition Act and the offence for which the person was committed by the judge under section 29 of that Act is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, the order of surrender is deemed to be a rejection of a claim for refugee protection based on paragraph (b) of Section F of Article 1 of the Refugee Convention. Final decision (4) The deemed rejection referred to in subsection (3) may not be appealed, and is not subject to judicial review except to the extent that a judicial review of the order of surrender is provided for under the Extradition Act . Limit if no previous claim (5) If the person has not made a claim for refugee protection before the order of surrender referred to in subsection (3), the person may not do so before the surrender. 2001, c. 27, s. 105 2023, c. 32, s. 61(F)
Immigration and Refugee Protection Act — I-2.5 106
Credibility 106 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, whether they have provided a reasonable explanation for the lack of documentation or have taken reasonable steps to obtain the documentation.
Immigration and Refugee Protection Act — I-2.5 107
Decision 107 (1) 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 claim. No credible basis (2) If the Refugee Protection Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have made a favourable decision, it shall state in its reasons for the decision that there is no credible basis for the claim.
Immigration and Refugee Protection Act — I-2.5 107.1
Manifestly unfounded 107.1 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 is clearly fraudulent. 2010, c. 8, s. 11.1; 2012, c. 17, s. 57
Immigration and Refugee Protection Act — I-2.5 108
Rejection 108 (1) 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: (a) the person has voluntarily reavailed themself of the protection of their country of nationality; (b) the person has voluntarily reacquired their nationality; (c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality; (d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or (e) the reasons for which the person sought refugee protection have ceased to exist. Cessation of refugee protection (2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1). Effect of decision (3) If the application is allowed, the claim of the person is deemed to be rejected. Exception (4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.
Immigration and Refugee Protection Act — I-2.5 109
Vacation of refugee protection 109 (1) 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 indirectly misrepresenting or withholding material facts relating to a relevant matter. Rejection of application (2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection. Allowance of application (3) If the application is allowed, the claim of the person is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.
Immigration and Refugee Protection Act — I-2.5 109.1
Designation of countries of origin 109.1 (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1. Limitation (2) The Minister may only make a designation (a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister, (i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or (ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or (b) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question (i) there is an independent judicial system, (ii) basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and (iii) civil society organizations exist. Order of Minister (3) The Minister may, by order, provide for the number, period or percentages referred to in subsection (2). Statutory Instruments Act (4) An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act . However, it must be published in the Canada Gazette . 2010, c. 8, s. 12; 2012, c. 17, s. 58
Immigration and Refugee Protection Act — I-2.5 111
Decision 111 (1) After considering the appeal, the Refugee Appeal Division shall make one of the following decisions: (a) confirm the determination of the Refugee Protection Division; (b) set aside the determination and substitute a determination that, in its opinion, should have been made; or (c) refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate. (1.1) [Repealed, 2012, c. 17, s. 37] Referrals (2) The Refugee Appeal Division may make the referral described in paragraph (1)(c) only if it is of the opinion that (a) the decision of the Refugee Protection Division is wrong in law, in fact or in mixed law and fact; and (b) it cannot make a decision under paragraph (1)(a) or (b) without hearing evidence that was presented to the Refugee Protection Division. Confirmation of rejection (3) If the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim. 2001, c. 27, s. 111; 2010, c. 8, s. 14; 2012, c. 17, s. 37 2026, c. 4, s. 50
Immigration and Refugee Protection Act — I-2.5 111.1
Regulations 111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting (a) time limits for the provision of documents and information under subsection 99(3.1) or 100(4); (b) time limits for the hearing referred to in subsection 100(4.1); (b.1) exceptions to the application of paragraph 101(1)(b.1); (b.2) exceptions to the application of paragraph 101(1)(b.2); (c) exceptions to the application of paragraph 110(2)(d); (d) time limits for the filing and perfecting of an appeal under subsection 110(2.1); and (e) time limits for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances in which they do not apply. Clarification — regulations made under paragraph (1)(b) (2) With respect to claimants who are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1), regulations made under paragraph (1)(b) may provide for time limits that are different from the time limits for other claimants. 2010, c. 8, s. 14.1; 2012, c. 17, s. 59 2026, c. 4, s. 74
Immigration and Refugee Protection Act — I-2.5 112
residents of a country. Application (2.2) However, an exemption made under subsection (2.1) does not apply to persons in respect of whom, after the day on which the exemption comes into force, a decision is made respecting their claim for refugee protection by the Refugee Protection Division or, if an appeal is made, by the Refugee Appeal Division. Regulations (2.3) The regulations may govern any matter relating to the application of subsection (2.1) or (2.2) and may include provisions establishing the criteria to be considered when an exemption is made. Restriction (3) Refugee protection may not be conferred on an applicant who (a) is determined to be inadmissible on grounds of security, violating human or international rights or organized criminality; (b) is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; (c) made a claim to refugee protection that was rejected on the basis of section F of Article 1 of the Refugee Convention; or (d) is named in a certificate referred to in subsection 77(1). 2001, c. 27, s. 112; 2010, c. 8, s. 15; 2012, c. 17, ss. 38, 60, 84; 2015, c. 3, s. 114(E) 2019, c. 29, s. 308 2023, c. 32, s. 62(F)
Immigration and Refugee Protection Act — I-2.5 113
Consideration of application 113 Consideration of an application for protection shall be as follows: (a) an applicant whose claim to refugee protection has been rejected may present only new evidence that arose after the rejection or was not reasonably available, or that the applicant could not reasonably have been expected in the circumstances to have presented, at the time of the rejection; (b) a hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required; (c) in the case of an applicant not described in subsection 112(3), consideration shall be on the basis of sections 96 to 98; (d) in the case of an applicant described in subsection 112(3) — other than one described in subparagraph (e)(i) or (ii) — consideration shall be on the basis of the factors set out in section 97 and (i) in the case of an applicant for protection who is inadmissible on grounds of serious criminality, whether they are a danger to the public in Canada, or (ii) in the case of any other applicant, whether the application should be refused because of the nature and severity of acts committed by the applicant or because of the danger that the applicant constitutes to the security of Canada; and (e) in the case of the following applicants, consideration shall be on the basis of sections 96 to 98 and subparagraph (d)(i) or (ii), as the case may be: (i) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and (ii) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, unless they are found to be a person referred to in section F of Article 1 of the Refugee Convention. 2001, c. 27, s. 113; 2012, c. 17, s. 39 2023, c. 32, s. 63
Immigration and Refugee Protection Act — I-2.5 113.01
Mandatory hearing 113.01 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 determined to be ineligible solely under paragraph 101(1)(c.1). 2019, c. 29, s. 308.1
Immigration and Refugee Protection Act — I-2.5 114
Effect of decision 114 (1) A decision to allow the application for protection has (a) in the case of an applicant not described in subsection 112(3), the effect of conferring refugee protection; and (b) in the case of an applicant described in subsection 112(3), the effect of staying the removal order with respect to a country or place in respect of which the applicant was determined to be in need of protection. Cancellation of stay (2) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with paragraph 113(d) and the regulations, the grounds on which the application was allowed and may cancel the stay. Vacation of determination (3) If the Minister is of the opinion that a decision to allow an application for protection was obtained as a result of directly or indirectly misrepresenting or withholding material facts on a relevant matter, the Minister may vacate the decision. Effect of vacation (4) If a decision is vacated under subsection (3), it is nullified and the application for protection is deemed to have been rejected.
Immigration and Refugee Protection Act — I-2.5 115
Protection 115 (1) 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 risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment. Exceptions (2) Subsection (1) does not apply in the case of a person (a) who is inadmissible on grounds of serious criminality and who constitutes, in the opinion of the Minister, a danger to the public in Canada; or (b) who is inadmissible on grounds of security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada. Removal of refugee (3) A person, after a determination under paragraph 101(1)(e) that the person’s claim is ineligible, is to be sent to the country from which the person came to Canada, but may be sent to another country if that country is designated under subsection 102(1) or if the country from which the person came to Canada has rejected their claim for refugee protection.
Immigration and Refugee Protection Act — I-2.5 116
Regulations 116 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 and decisions made under section 115, including the establishment of factors to determine whether a hearing is required.
Immigration and Refugee Protection Act — I-2.5 118
Offence — trafficking in persons 118 (1) 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. Definition of organize (2) For the purpose of subsection (1), organize , with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.
Immigration and Refugee Protection Act — I-2.5 119
Disembarking persons at sea 119 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.
Immigration and Refugee Protection Act — I-2.5 120
Penalties 120 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.
Immigration and Refugee Protection Act — I-2.5 121
Aggravating factors 121 The court, in determining the penalty to be imposed under section 120, shall take into account whether (a) bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence; (b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization; (c) the commission of the offence was for profit, whether or not any profit was realized; and (d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence. 2001, c. 27, s. 121; 2012, c. 17, s. 42; 2017, c. 26, s. 44
Immigration and Refugee Protection Act — I-2.5 121.1
Definition of criminal organization 121.1 (1) 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) of the Criminal Code . Definition of terrorist group (2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), terrorist group means a terrorist group as defined in subsection 83.01(1) of the Criminal Code . 2012, c. 17, s. 43
Immigration and Refugee Protection Act — I-2.5 122
Documents 122 (1) No person shall, in order to contravene this Act, (a) 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 identity; (b) use such a document, including for the purpose of entering or remaining in Canada; or (c) import, export or deal in such a document. Proof of offence (2) Proof of the matters referred to in subsection (1) in relation to a forged document or a document that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act.
Immigration and Refugee Protection Act — I-2.5 123
Penalty 123 (1) Every person who contravenes (a) 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 (b) paragraph 122(1)(b) or (c) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to 14 years. Aggravating factors (2) The court, in determining the penalty to be imposed, shall take into account whether (a) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 121.1(1); and (b) the commission of the offence was for profit, whether or not any profit was realized. 2001, c. 27, s. 123; 2012, c. 17, s. 44
Immigration and Refugee Protection Act — I-2.5 124
Contravention of Act 124 (1) Every person commits an offence who (a) 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; (b) escapes or attempts to escape from lawful custody or detention under this Act; or (c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed. Deemed knowledge (2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized. Due diligence defence (3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.
Immigration and Refugee Protection Act — I-2.5 125
Penalties 125 A person who commits an offence under subsection 124(1) is liable (a) 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; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Immigration and Refugee Protection Act — I-2.5 126
Counselling misrepresentation 126 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 relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.