GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 15
Examination by officer 15 (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01). Provincial criteria (2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria. Inspection (3) An officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts and hold the means of transportation until the inspection and examination are completed. Instructions (4) The officer shall conduct the examination in accordance with any instructions that the Minister may give. 2001, c. 27, s. 15; 2012, c. 31, s. 310
Immigration and Refugee Protection Act — I-2.5 15.1
Health insurance policy 15.1 A health insurance policy purchased from an insurance company outside Canada that is approved by the Minister satisfies any requirement in an instruction given under subsection 15(4) that a foreign national who applies for a temporary resident visa in order to visit their Canadian citizen or permanent resident child or grandchild for an extended period must have private health insurance. 2023, c. 21, s. 2
Immigration and Refugee Protection Act — I-2.5 16
Obligation — answer truthfully 16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires. Obligation — appear for examination (1.1) A person who makes an application must, on request of an officer, appear for an examination. Obligation — relevant evidence (2) In the case of a foreign national, (a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and (b) subject to the regulations, the foreign national must submit to a medical examination. Obligation — interview (2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview. Evidence relating to identity (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained, subject to an examination or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act. 2001, c. 27, s. 16; 2010, c. 8, s. 2; 2013, c. 16, s. 5; 2015, c. 3, s. 108(E)
Immigration and Refugee Protection Act — I-2.5 17
Regulations 17 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting the conduct of examinations.
Immigration and Refugee Protection Act — I-2.5 18
Examination by officer 18 (1) Subject to the regulations, every person seeking to enter Canada must appear for an examination to determine whether that person has a right to enter Canada or is or may become authorized to enter and remain in Canada. Transit (2) Subsection (1) also applies to persons who, without leaving Canada, seek to leave an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada. Powers of officer (3) Even though a person seeking to enter Canada is not, in accordance with regulations made under subsection 26(2), required to appear for an examination, an officer may require the person to do so. 2001, c. 27, s. 18; 2017, c. 11, s. 5
Immigration and Refugee Protection Act — I-2.5 19
Right of entry of citizens and Indians 19 (1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and an officer shall allow the person to enter Canada if satisfied following an examination on their entry that the person is a citizen or registered Indian. Right of entry of permanent residents (2) An officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that they have that status.
Immigration and Refugee Protection Act — I-2.5 20
Obligation on entry 20 (1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish, (a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and (b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay. Declaration (1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident. Provincial criteria (2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria. 2001, c. 27, s. 20; 2013, c. 16, s. 6
Immigration and Refugee Protection Act — I-2.5 20.01
Document — cancellation, suspension or variation 20.01 (1) An officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document. For greater certainty (2) For greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document. For greater certainty (3) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status. 2026, c. 4, s. 67
Immigration and Refugee Protection Act — I-2.5 20.1
Designation — human smuggling or other irregular arrival 20.1 (1) The Minister may, by order, having regard to the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she (a) is of the opinion that examinations of the persons in the group, particularly for the purpose of establishing identity or determining inadmissibility — and any investigations concerning persons in the group — cannot be conducted in a timely manner; or (b) has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group. Effect of designation (2) When a designation is made under subsection (1), a foreign national — other than a foreign national referred to in section 19 — who is part of the group whose arrival is the subject of the designation becomes a designated foreign national unless, on arrival, they hold the visa or other document required under the regulations and, on examination, the officer is satisfied that they are not inadmissible. Statutory Instruments Act (3) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act . However, it must be published in the Canada Gazette . 2012, c. 17, s. 10
Immigration and Refugee Protection Act — I-2.5 20.2
Application for permanent residence — restriction 20.2 (1) A designated foreign national may not apply to become a permanent resident (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made; (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or (c) in any other case, until five years after the day on which they become a designated foreign national. Suspension of application for permanent residence (2) The processing of an application for permanent residence of a foreign national who, after the application is made, becomes a designated foreign national is suspended (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made; (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national. Refusal to consider application (3) The officer may refuse to consider an application for permanent residence if (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2). 2012, c. 17, s. 10
Immigration and Refugee Protection Act — I-2.5 21
Permanent resident 21 (1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible. Protected person (2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34, 35 or 35.1, subsection 36(1) or section 37 or 38. Pending application — subsection 108(2) (3) A person in respect of whom the Minister has made an application under subsection 108(2) may not become a permanent resident under subsection (2) while the application is pending. 2001, c. 27, s. 21; 2012, c. 17, s. 11 2023, c. 19, s. 2
Immigration and Refugee Protection Act — I-2.5 22
Temporary resident 22 (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b), is not inadmissible and is not the subject of a declaration made under subsection 22.1(1). Dual intent (2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay. 2001, c. 27, s. 22; 2013, c. 16, s. 7
Immigration and Refugee Protection Act — I-2.5 22.1
Declaration 22.1 (1) The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations. Effective period (2) A declaration has effect for the period specified by the Minister, which is not to exceed 36 months. Revocation (3) The Minister may, at any time, revoke a declaration or shorten its effective period. Report to Parliament (4) The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations. 2013, c. 16, s. 8
Immigration and Refugee Protection Act — I-2.5 23
Entry to complete examination or hearing 23 An officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing under this Part. 2001, c. 27, s. 23 2026, c. 4, s. 33(F)
Immigration and Refugee Protection Act — I-2.5 25
or judicial review, or (ii) in any other case, the latest of (A) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred, (B) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and (C) the day on which the Federal Court refused the foreign national’s application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection. Exception to paragraph (1.2)(c) (1.21) Paragraph (1.2)(c) does not apply in respect of a foreign national (a) who, in the case of removal, would be subjected to a risk to their life, caused by the inability of each of their countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, to provide adequate health or medical care; or (b) whose removal would have an adverse effect on the best interests of a child directly affected. Non-application of certain factors (1.3) In examining the request of a foreign national in Canada, the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) but must consider elements related to the hardships that affect the foreign national. Provincial criteria (2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national. 2001, c. 27, s. 25; 2008, c. 28, s. 117; 2010, c. 8, s. 4; 2012, c. 17, s. 13; 2013, c. 16, ss. 9, 36, c. 40, s. 291 2019, c. 29, s. 303 2023, c. 19, s. 3
Immigration and Refugee Protection Act — I-2.5 25.1
Humanitarian and compassionate considerations — Minister’s own initiative 25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected. Exemption (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1). Provincial criteria (3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national. 2010, c. 8, s. 5; 2013, c. 16, s. 10 2023, c. 19, s. 4
Immigration and Refugee Protection Act — I-2.5 25.2
Public policy considerations 25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations. Exemption (2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1). Provincial criteria (3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national. Conditions (4) The conditions referred to in subsection (1) may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party that meets any criteria specified by the Minister. 2010, c. 8, s. 5; 2012, c. 17, s. 14
Immigration and Refugee Protection Act — I-2.5 26
Regulations 26 (1) The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting (a) entering, remaining in and re-entering Canada; (b) permanent resident status or temporary resident status, including acquisition of that status; (b.01) the circumstances in which an officer may cancel, suspend or vary a visa or other document; (b.1) declarations referred to in subsection 22.1(1); (c) the circumstances in which all or part of the considerations referred to in section 24 may be taken into account; (d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals; (d.1) undertakings that may or must be given in respect of requests made under subsection 25(1) or undertakings referred to in subsection 25.2(4), and penalties for failure to comply with undertakings; (d.2) the determination of eligibility referred to in subsection 25.2(4); and (e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister. Exemptions (2) The regulations may exempt persons or categories of persons from the application of section 18 and prescribe the conditions under which the exemption applies. 2001, c. 27, s. 26; 2010, c. 8, s. 6; 2012, c. 17, s. 15; 2013, c. 16, s. 11; 2017, c. 11, s. 6 2026, c. 4, s. 69
Immigration and Refugee Protection Act — I-2.5 27
Right of permanent residents 27 (1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act. Conditions (2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1). 2001, c. 27, s. 27; 2012, c. 19, s. 704
Immigration and Refugee Protection Act — I-2.5 28
Residency obligation 28 (1) A permanent resident must comply with a residency obligation with respect to every five-year period. Application (2) The following provisions govern the residency obligation under subsection (1): (a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are (i) physically present in Canada, (ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent, (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or (v) referred to in regulations providing for other means of compliance; (b) it is sufficient for a permanent resident to demonstrate at examination (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and (c) a determination by an officer that humanitarian and compassionate considerations relating to a permanent resident, taking into account the best interests of a child directly affected by the determination, justify the retention of permanent resident status overcomes any breach of the residency obligation prior to the determination. 2001, c. 27, s. 28; 2003, c. 22, s. 172(E)
Immigration and Refugee Protection Act — I-2.5 29
Right of temporary residents 29 (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit. Obligation — temporary resident (2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay and may re-enter Canada only if their authorization provides for re-entry. Extended period (3) In the case of a temporary resident who is authorized to enter and remain in Canada for an extended period in order to visit a Canadian citizen or permanent resident who is their child or grandchild, the period referred to in subsection (2) is five years. 2001, c. 27, s. 29 2023, c. 21, s. 3