GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 90
Minister directs special numbers to be issued 90 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 persons who may be required under this Act to obtain authorization to work in Canada. 2001, c. 27, s. 90; 2012, c. 19, s. 311
Immigration and Refugee Protection Act — I-2.5 91
Representation or advice for consideration 91 (1) 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 interest under subsection 10.1(3) or a proceeding or application under this Act. Persons who may represent or advise (2) A person does not contravene subsection (1) if they are (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec ; (b) any other member in good standing of a law society of a province or the Chambre des notaires du Québec , including a paralegal; or (c) a member in good standing of the College , as defined in section 2 of the College of Immigration and Citizenship Consultants Act . Students-at-law (3) A student-at-law does not contravene subsection (1) by offering or providing representation or advice to a person if the student-at-law is acting under the supervision of a person mentioned in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act. Agreement or arrangement with Her Majesty (4) An entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with the submission of an expression of interest under subsection 10.1(3) or an application under this Act, including for a permanent or temporary resident visa, travel documents or a work or study permit, does not contravene subsection (1) if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services. (5) [Repealed, 2019, c. 29, s. 296] (5.1) [Repealed, 2019, c. 29, s. 296] (6) [Repealed, 2019, c. 29, s. 296] (7) [Repealed, 2019, c. 29, s. 296] Québec Immigration Act (7.1) For greater certainty, the Québec Immigration Act , CQLR, c. I-0.2.1, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and is a member of the College , as defined in section 2 of the College of Immigration and Citizenship Consultants Act . (8) [Repealed, 2019, c. 29, s. 296] Penalties (9) Every person who contravenes subsection (1) commits an offence and is liable (a) on conviction on indictment, to a fine of not more than $200,000 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 $40,000 or to imprisonment for a term of not more than six months, or to both. Meaning of proceeding (10) For greater certainty, in this section, proceeding does not include a proceeding before a superior court. 2001, c. 27, s. 91; 2011, c. 8, s. 1; 2013, c. 40, s. 292 2019, c. 29, s. 296
Immigration and Refugee Protection Act — I-2.5 91.1
Regulations 91.1 (1) The regulations may (a) establish a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (b) and set the amounts of those administrative monetary penalties; (b) designate as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act; (c) prohibit acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (b); and (d) provide for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (b). Right to request review (2) Any regulation made under paragraph (1)(a) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (3), a review of the notice or of the penalty imposed. Appointment — order (3) The Governor in Council may, by order, appoint one or more Canadian citizens or permanent residents to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(a) and to perform any other function conferred on them by a regulation made under that paragraph. Tenure (4) A person appointed by order under subsection (3) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time. 2019, c. 29, s. 297 2023, c. 26, s. 299
Immigration and Refugee Protection Act — I-2.5 92
Incorporated material 92 (1) A regulation may incorporate by reference the following material: (a) material produced by a person or body other than the Governor in Council; (b) material referred to in paragraph (a) that has been subsequently adapted or edited in order to facilitate its incorporation for the purposes of the regulation; (c) material that has been developed jointly with another government or government agency for the purpose of harmonizing the regulation with other laws; and (d) material that is technical or explanatory in nature, such as specifications, classifications, illustrations or graphs, as well as examples that may assist in the application of the regulation. Incorporated material — instructions (1.1) An instruction given by the Minister or the Minister of Employment and Social Development under this Act may incorporate by reference any material, regardless of its source. Amended from time to time (2) Material may be incorporated by reference on a specified date or as amended from time to time. Incorporated material is not a regulation (3) For greater certainty, material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act . 2001, c. 27, s. 92; 2012, c. 19, s. 708; 2013, c. 33, s. 164, c. 40, s. 238; 2015, c. 3, s. 113(F)
Immigration and Refugee Protection Act — I-2.5 93
Statutory Instruments Act 93 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 for the purposes of the Statutory Instruments Act . 2001, c. 27, s. 93; 2013, c. 33, s. 165, c. 40, s. 238
Immigration and Refugee Protection Act — I-2.5 94
Annual report to Parliament 94 (1) 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 of Parliament a report on the operation of this Act in the preceding calendar year. Contents of report (2) The report shall include a description of (a) the instructions given under section 87.3 and other activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces; (a.1) any instructions given under paragraph 10.3(1)(h.2) that establish a category of eligible foreign nationals, the economic goal sought to be supported in establishing the category and the number of foreign nationals invited to make an application for permanent residence in respect of the category; (b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year; (b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents; (c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year; (d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any; (e) the number of persons granted permanent resident status under each of subsections 25(1), 25.1(1) and 25.2(1); (e.1) any instructions given under subsection 30(1.2), (1.41) or (1.43) during the year in question and the date of their publication; and (f) a gender-based analysis of the impact of this Act. 2001, c. 27, s. 94; 2008, c. 28, s. 119; 2010, c. 8, s. 9; 2012, c. 1, s. 207; 2013, c. 33, s. 166 2022, c. 10, s. 379
Immigration and Refugee Protection Act — I-2.5 95
Conferral of refugee protection 95 (1) Refugee protection is conferred on a person when (a) the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons; (b) the Board determines the person to be a Convention refugee or a person in need of protection; or (c) except in the case of a person described in subsection 112(3), the Minister allows an application for protection. Protected person (2) A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4). 2001, c. 27, s. 95; 2010, c. 8, s. 10(F)
Immigration and Refugee Protection Act — I-2.5 96
Convention refugee 96 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, (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
Immigration and Refugee Protection Act — I-2.5 97
Person in need of protection 97 (1) 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 residence, would subject them personally (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country, (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country, (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and (iv) the risk is not caused by the inability of that country to provide adequate health or medical care. Person in need of protection (2) A person in Canada who is a member of a class of persons that is prescribed as being in need of protection is also a person in need of protection. 2001, c. 27, s. 97 2026, c. 4, s. 40(E)
Immigration and Refugee Protection Act — I-2.5 98
Exclusion — Refugee Convention 98 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.
Immigration and Refugee Protection Act — I-2.5 98.1
Requirement to report 98.1 (1) 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. Obligation when reporting (2) A designated foreign national who is required to report to an officer must answer truthfully all questions put to him or her and must provide any information and documents that the officer requests. 2012, c. 17, s. 32
Immigration and Refugee Protection Act — I-2.5 98.2
Regulations 98.2 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. 2012, c. 17, s. 32
Immigration and Refugee Protection Act — I-2.5 99
Claim 99 (1) A claim for refugee protection may be made in or outside Canada. Claim outside Canada (2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1. Claim inside Canada (3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part. Claim made inside Canada — not at port of entry (3.1) A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules. Permanent resident (4) An application to become a permanent resident made by a protected person is governed by Part 1. 2001, c. 27, s. 99; 2012, c. 17, s. 33 2023, c. 26, s. 284
Immigration and Refugee Protection Act — I-2.5 100
Referral to Refugee Protection Division 100 (1) 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 refer the claim in accordance with the rules of the Board. Burden of proof (1.1) The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them. Decision (2) The officer shall suspend consideration of the eligibility of the person’s claim if (a) a report has been referred for a determination, at an admissibility hearing, of whether the person is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or (b) the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years. Consideration of claim (3) The Refugee Protection Division may not consider a claim until it is referred by the officer. Documents and information to be provided (4) A person who makes a claim for refugee protection inside Canada at a port of entry and whose claim is referred to the Refugee Protection Division must provide the Division, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules. Date of hearing (4.1) The referring officer must, in accordance with the regulations, the rules of the Board and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division. Quarantine Act (5) If a traveller is detained or isolated under the Quarantine Act , the period referred to in subsections (1) and (3) does not begin to run until the day on which the detention or isolation ends. 2001, c. 27, s. 100; 2005, c. 20, s. 81; 2010, c. 8, s. 11; 2012, c. 17, s. 56 2019, c. 29, s. 305 2023, c. 32, s. 58(F)
Immigration and Refugee Protection Act — I-2.5 101
Ineligibility 101 (1) A claim is ineligible to be referred to the Refugee Protection Division if (a) refugee protection has been conferred on the claimant under this Act; (b) a claim for refugee protection by the claimant has been rejected by the Board; (b.1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry; (b.2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations ; (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned; (c.1) the claimant has, before making a claim for refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws; (d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country; (e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality. Paragraph (1)(b.1) — multiple entries (1.1) For the purposes of paragraph (1)(b.1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that paragraph begins on the day after the day of their first entry. Termination — processing (1.2) If a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim. Serious criminality (2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless (a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or (b) in the case of inadmissibility by reason of a conviction outside Canada, the conviction is 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. 2001, c. 27, s. 101; 2012, c. 17, s. 34 2019, c. 29, s. 306 2023, c. 19, s. 12 2023, c. 32, s. 59(F) 2026, c. 4, s. 73
Immigration and Refugee Protection Act — I-2.5 102
Regulations 102 (1) 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 responsibility with governments of foreign states for the consideration of refugee claims, may include provisions (a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture; (b) making a list of those countries and amending it as necessary; and (c) respecting the circumstances and criteria for the application of paragraph 101(1)(e). Factors (2) The following factors are to be considered in designating a country under paragraph (1)(a): (a) whether the country is a party to the Refugee Convention and to the Convention Against Torture; (b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture; (c) its human rights record; and (d) whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection. Review (3) The Governor in Council must ensure the continuing review of factors set out in subsection (2) with respect to each designated country.
Immigration and Refugee Protection Act — I-2.5 103
Suspension 103 (1) Proceedings of the Refugee Protection Division in respect of a claim for refugee protection are suspended on notice by an officer that (a) the matter has been referred to the Immigration Division to determine whether the claimant is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or (b) an officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years. Continuation (2) On notice by an officer that the suspended claim was determined to be eligible, proceedings of the Refugee Protection Division must continue. 2001, c. 27, s. 103; 2012, c. 17, s. 35 2023, c. 32, s. 60(F)
Immigration and Refugee Protection Act — I-2.5 104
Notice of ineligible claim 104 (1) 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 Division or the Refugee Appeal Division, give notice that an officer has determined that (a) the claim is ineligible under paragraphs 101(1)(a) to (e), other than paragraph 101(1)(c.1); (a.1) the claim is ineligible under paragraph 101(1)(c.1); (b) the claim is ineligible under paragraph 101(1)(f); (c) the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or (d) the claim is not the first claim that was received by an officer in respect of the claimant. Termination and nullification (2) A notice given under the following provisions has the following effects: (a) if given under paragraph (1)(a), (b) or (c), it terminates pending proceedings in the Refugee Protection Division respecting the claim; (a.1) if given under paragraph (1)(a.1), it terminates pending proceedings in the Refugee Protection Division or, in the case of an appeal made by the claimant, the Refugee Appeal Division, respecting the claim; and (b) if given under paragraph (1)(d), it terminates proceedings in and nullifies any decision of the Refugee Protection Division or the Refugee Appeal Division respecting a claim other than the first claim. 2001, c. 27, s. 104 2019, c. 29, s. 307 2026, c. 4, s. 46(E)