GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 32
Humanitarian and compassionate considerations 32 Every request that is made under section 25 of the Immigration and Refugee Protection Act , as that Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with that Act as it read immediately before that day.
Immigration and Refugee Protection Act — I-2.5 33
Refugee protection claim referred 33 (1) Except its subsections 100(4) and (4.1), the Immigration and Refugee Protection Act , as amended by this Act, applies to every claim for refugee protection that is referred to the Refugee Protection Division before the day on which this section comes into force if, before that day, there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard. Personal Information Form (2) If a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules as they read immediately before the day on which this section comes into force, has not been submitted in respect of a claim that is referred to the Refugee Protection Division before that day and the time limit for submitting that Form has not expired, the claimant must submit that Form in accordance with those Rules, as they read on that day. Hearing date (3) If, before the day on which this section comes into force, no date has been fixed for the hearing before the Refugee Protection Division in respect of a claim that is referred to that Division before that day, an official of the Immigration and Refugee Board must fix the date on which the claimant is to attend the hearing.
Immigration and Refugee Protection Act — I-2.5 34
Member who is assigned 34 A member who is assigned to the Refugee Protection Division under paragraph 159(1)(b) of the Immigration and Refugee Protection Act , as it read immediately before the day on which subsection 19(1) of this Act comes into force, may, if authorized by the Chairperson, remain assigned to that Division. However, the member may hear and make decisions only in respect of claims for refugee protection referred to that Division before that day.
Immigration and Refugee Protection Act — I-2.5 35
Substantive evidence heard 35 (1) Every claim for refugee protection in respect of which substantive evidence has been heard before the day on which subsection 18 (1) comes into force by a single member or a panel of three members of the Refugee Protection Division appointed under paragraph 153(1)(a) of the Immigration and Refugee Protection Act , as it read immediately before that day, must continue to be heard by that single member or panel in accordance with that Act, as it read immediately before that day. Single member unable to continue (2) If the single member is unable to continue to hear the claim, the claim must be referred to another member of the Refugee Protection Division, and that member must commence a new hearing in accordance with the Immigration and Refugee Protection Act , as amended by this Act. Member of panel unable to continue (3) If a member of the panel referred to in subsection (1) is unable to continue to hear the claim, the claim must continue to be heard by one of the two remaining members in accordance with the Immigration and Refugee Protection Act , as it read immediately before the day on which subsection 18 (1) comes into force.
Immigration and Refugee Protection Act — I-2.5 36
No appeal 36 (1) A decision made by the Refugee Protection Division in respect of a claim for refugee protection that was referred to that Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division. Application made before expiry of 12-month waiting period (2) An application made under subsection 112(1) of the Immigration and Refugee Protection Act before the day on which this section comes into force is terminated if it was made before the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of that Act, as enacted by subsection 15(3).
Immigration and Refugee Protection Act — I-2.5 37
Decision set aside in judicial review 37 If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act , as enacted by section 26, and is to be considered in accordance with that Act, as amended by this Act. However, the member’s decision is not subject to appeal to the Refugee Appeal Division.
Immigration and Refugee Protection Act — I-2.5 39
Non-application 39 Paragraph 25(1.2)(b) of the Immigration and Refugee Protection Act , as enacted by subsection 4 (1), does not apply to a refugee claimant whose claim is pending before the Refugee Protection Division on the day on which section 36 comes into force.
Immigration and Refugee Protection Act — I-2.5 40
Non-application 40 Paragraph 25(1.2)(c) of the Immigration and Refugee Protection Act , as enacted by subsection 4 (1), does not apply to a refugee claimant whose claim is rejected or determined to be withdrawn or abandoned by the Refugee Protection Division before the day on which section 36 comes into force.
Immigration and Refugee Protection Act — I-2.5 5
Persons authorized to represent, advise or consult 5 Despite subsection 91(1) of the Immigration and Refugee Protection Act , as enacted by section 1 of this Act, a person — other than a member in good standing of a bar of a province or of the Chambre des notaires du Québec — who, immediately before the coming into force of this section, was authorized under regulations made under the Immigration and Refugee Protection Act to, for a fee, represent, advise or consult with a person who was the subject of a proceeding or application before the Minister of Citizenship and Immigration, an officer designated under subsection 6(1) of that Act or the Immigration and Refugee Board, may represent or advise a person for consideration — or offer to do so — in connection with a proceeding — other than a proceeding before a superior court — or application under that Act until regulations made under subsection 91(5) of that Act, as enacted by section 1 of this Act, come into force.
Immigration and Refugee Protection Act — I-2.5 165
Pardons in effect — references in other legislation 165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act : (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act ;
Immigration and Refugee Protection Act — I-2.5 79
Definition of the Act 79 In sections 80 to 83.1 , the Act means the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Act — I-2.5 80
Humanitarian and compassionate and public policy considerations 80 Every request that is made under subsection 25(1) of the Act or for the purposes of subsection 25.2(1) of the Act, as the Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with the Act as it read immediately before that day.
Immigration and Refugee Protection Act — I-2.5 81
Designation under section 20.1 81 (1) A designation may be made under subsection 20.1(1) of the Act, as enacted by section 10 , in respect of an arrival in Canada — after March 31, 2009 but before the day on which this section comes into force — of a group of persons. Effects of designation to apply (2) For greater certainty and subject to subsection (3), if a designation that is authorized under subsection (1) is made, then the definition designated foreign national in subsection 2(1) of the Act, as enacted by section 2 , and any provisions of the Act, as enacted by this Act, that provide for the effects of the designation apply. Exception — person not in detention (3) If a designation that is authorized under subsection (1) is made, then paragraph 55(3.1)(b) of the Act, as enacted by subsection 23 (3), does not apply in respect of a person who, as a result of that designation, becomes a designated foreign national and who, on the day on which this section comes into force, is not in detention under Division 6 of Part 1 of the Act.
Immigration and Refugee Protection Act — I-2.5 82
Review of grounds for detention 82 Paragraph 58(1)(c) of the Act, as enacted by subsection 26 (1), applies in respect of a person who, on the day on which this section comes into force, is in detention under Division 6 of Part 1 of the Act.
Immigration and Refugee Protection Act — I-2.5 83
Claim made and referred 83 (1) Subsection 99(3.1) of the Act, as enacted by section 33 , does not apply in respect of a claim for refugee protection that is referred to the Refugee Protection Division before the day on which that section 33 comes into force. Claim made but not referred (2) A person who makes a claim for refugee protection inside Canada other than at a port of entry before the day on which section 33 comes into force but whose claim is not referred to the Refugee Protection Division before that day must comply with the requirements of subsection 99(3.1) of the Act, as enacted by section 33 . However, the person must provide the documents and information to the Refugee Protection Division rather than to an officer.
Immigration and Refugee Protection Act — I-2.5 83.1
Application made before expiry of 12-month waiting period 83.1 An application made under subsection 112(1) of the Act before the day on which this section comes into force is terminated if it was made before the expiry of the 12-month period referred to in paragraph 112(2)(c) of the Act, as enacted by subsection 38(1.1).
Immigration and Refugee Protection Act — I-2.5 28
Definition of the Act 28 In sections 29 to 35 , the Act means the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Act — I-2.5 29
Humanitarian and compassionate considerations 29 Subsection 25(1) of the Act, as it read immediately before the day on which section 9 comes into force, continues to apply in respect of a request made under that subsection 25(1) if, before the day on which section 9 comes into force, no decision has been made in respect of the request.
Immigration and Refugee Protection Act — I-2.5 30
Imposition of conditions by officer 30 (1) When circumstances permit the officer to do so, an officer referred to in subsection 44(4) of the Act must impose the conditions referred to in that subsection on a permanent resident or foreign national who, on the day on which this section comes into force, (a) is the subject of either a report on inadmissibility on grounds of security that was referred to the Immigration Division before the day on which this section comes into force or a removal order for inadmissibility on grounds of security that was made before the day on which this section comes into force; (b) is not detained; and (c) is not subject to a release order with conditions that was made under section 58 of the Act. Deemed imposition (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 44(4) of the Act.
Immigration and Refugee Protection Act — I-2.5 31
Imposition of conditions by Immigration Division 31 (1) On application by the Minister of Public Safety and Emergency Preparedness, the Immigration Division must vary a release order with conditions that was made under section 58 of the Act before the day on which this section comes into force in order to impose the conditions referred to in subsection 58(5) of the Act on a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security or a removal order for inadmissibility on grounds of security. Deemed imposition (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 58(5) of the Act.
Immigration and Refugee Protection Act — I-2.5 32
Appeal 32 Subsection 64(2) of the Act, as it read immediately before the day on which section 24 comes into force, continues to apply in respect of a person who had a right of appeal under subsection 63(1) of the Act before the day on which section 24 comes into force.
Immigration and Refugee Protection Act — I-2.5 33
Appeal 33 Subsection 64(2) of the Act, as it read immediately before the day on which section 24 comes into force, continues to apply in respect of a person who is the subject of a report that is referred to the Immigration Division under subsection 44(2) of the Act before the day on which section 24 comes into force.
Immigration and Refugee Protection Act — I-2.5 34
Imposition of conditions by the Minister 34 Section 77.1 of the Act applies with respect to a certificate that was referred to the Federal Court before the day on which this section comes into force.
Immigration and Refugee Protection Act — I-2.5 35
Imposition of conditions by judge 35 (1) On application by the Minister of Public Safety and Emergency Preparedness, a judge, as defined in section 76 of the Act, must vary an order that was made under paragraph 82(5)(b) of the Act before the day on which this section comes into force in order to impose the conditions referred to in subsection 82(6) of the Act on a permanent resident or foreign national who is named in a certificate stating that they are inadmissible on grounds of security. Deemed imposition (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 82(6) of the Act.
Immigration and Refugee Protection Act — I-2.5 167
No appeal to Refugee Appeal Division 167 A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that Division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Division Rules after the day on which this section comes into force.
Immigration and Refugee Protection Act — I-2.5 168
Decision set aside in judicial review 168 If a decision referred to in section 167 is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act . The member’s decision is not subject to appeal to the Refugee Appeal Division.
Immigration and Refugee Protection Act — I-2.5 61
Cases excluded from application of this Part 61 The amendments made by this Part do not apply in respect of an application, proceeding or matter that is pending or in progress under Division 9 of Part 1 of the Immigration and Refugee Protection Act immediately before the coming into force of this Part, or in respect of any appeal or judicial review, commenced on or after that coming into force, of a decision made in such an application, proceeding or matter.
Immigration and Refugee Protection Act — I-2.5 309
Prior claim for refugee protection made to another country 309 If a Bill introduced in the 1st session of the 42nd Parliament and entitled the Budget Implementation Act, 2019, No. 1 receives royal assent, paragraph 101(1)(c.1) of the Immigration and Refugee Protection Act (a) does not apply to a claim for refugee protection made before the day on which the Bill is introduced; and (b) applies to a claim for refugee protection made during the period beginning on the day on which the Bill is introduced and ending on the day on which it receives royal assent, unless, as of the day on which it receives royal assent, substantive evidence has been heard by the Refugee Protection Division in respect of the claim or that Division has allowed the claim without a hearing.
Immigration and Refugee Protection Act — I-2.5 13
Sanctions made before coming into force 13 For greater certainty, subsection 35.1(1) of the Immigration and Refugee Protection Act applies in respect of a foreign national whose entry into or stay in Canada is restricted under a decision, resolution or measure referred to in paragraph 35.1(1)(a) of that Act made before the day on which this Act receives royal assent, or who is the subject of an order or regulation referred to in paragraph 35.1(1)(b) or (c) of that Act made before that day, as long as the decision, resolution, measure, order or regulation is in effect on that day.
Immigration and Refugee Protection Act — I-2.5 23
Referral to committee 23 (1) As soon as possible after the third anniversary of the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing those provisions. Report (2) The committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
Immigration and Refugee Protection Act — I-2.5 4
Report 4 (1) The Minister of Citizenship and Immigration must prepare a report in respect of a reduction to the minimum income requirement that the child or grandchild of a foreign national must meet in order for the foreign national to be able to enter and remain in Canada for an extended period to visit that child or grandchild, including in respect of any special circumstances to be taken into account in the processing of temporary resident visa applications and a review process for the decisions made in relation to those applications. Tabling (2) The Minister must cause the report to be tabled in each House of Parliament no later than one year after this Act receives royal assent or, if either House is not then sitting, on any of the first 15 days on which that House is sitting. Publication (3) The Minister must publish the report on the website of the Department of Citizenship and Immigration within 10 days after the day on which it is tabled in a House of Parliament.
Immigration and Refugee Protection Act — I-2.5 5
Explanation 5 If, within two years after this Act receives royal assent, the Minister of Citizenship and Immigration does not provide for a reduction to the minimum income requirement that the child or grandchild of a foreign national must meet in order for the foreign national to be able to enter and remain in Canada for an extended period to visit that child or grandchild or the circumstances or review process referred to in subsection 4(1), the Minister must table in each House of Parliament a statement of the reasons for not doing so.
Immigration and Refugee Protection Act — I-2.5 59
Definition of Act 59 (1) In this section and sections 60 to 62 , Act means the Immigration and Refugee Protection Act . Words and expressions (2) Unless the context requires otherwise, words and expressions used in sections 60 to 62 have the same meaning as in the Act.
Immigration and Refugee Protection Act — I-2.5 60
Section 6.1 of the Act 60 Section 6.1 of the Act applies to any proceedings or applications that are prescribed for the purposes of subsection 6.1(1) of the Act and that are pending or in progress on the day on which the regulations that prescribe those proceedings or applications come into force.
Immigration and Refugee Protection Act — I-2.5 61
Section 44.1 of the Act 61 Section 44.1 of the Act applies to hearings before the Immigration Division that have not yet been completed on the day on which section 38 comes into force.
Immigration and Refugee Protection Act — I-2.5 62
Pending claims for refugee protection 62 Each provision that is set out below applies in respect of claims for refugee protection whose eligibility to be referred to the Refugee Protection Division has not yet been determined on the day on which the provision comes into force or that have been determined to be eligible for referral but have not yet been referred to that Division on that day: (a) subsection 100(1) of the Act, as enacted by subsection 43 (1); (b) the portion of subsection 100(2) of the Act before paragraph (a), as enacted by subsection 43 (2); (c) paragraph 100(2)(b) of the Act, as enacted by subsection 43 (3); (d) subsection 100(3) of the Act, as enacted by subsection 43 (4); (e) subsection 100(4) of the Act, as enacted by subsection 43 (5); (f) section 100.1 of the Act; and (g) sections 102.1 and 102.2 of the Act.
Immigration and Refugee Protection Act — I-2.5 75
Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) 75 Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Act (a) do not apply to a claim for refugee protection made before the day on which Bill C-2, introduced in the 1st session of the 45th Parliament and entitled An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures , was introduced; and (b) apply to a claim for refugee protection made during the period beginning on the day on which that Bill was introduced and ending on the day before the day on which this Act receives royal assent.
Immigration and Refugee Protection Act — I-2.5 75.1
Report on new ground of ineligibility 75.1 (1) At the start of the fifth year after the day on which this Part comes into force, the Minister of Citizenship and Immigration must prepare a report in respect of the application of paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act . Tabling (2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is prepared. Contents (3) The report must include (a) for the calendar year in which this Part came into force and each subsequent calendar year, the average number of days between the day on which a refugee protection claimant entered Canada and the day on which they made the claim, disaggregated by the type of immigration document held by the refugee protection claimant; (b) the number of refugee protection claimants whose claims were ineligible by reason of paragraph 101(1)(b.1) of the Immigration and Refugee Protection Act ; (c) the proportion of refugee protection claimants referred to in paragraph (b) who ex-ited and re-entered Canada after the day of entry referred to in paragraph 101(1)(b.1) of that Act; (d) the number of refugee protection claimants referred to in paragraph (b) who applied for protection under subsection 112(1) of that Act, as well as the number of the claimants whose applications were allowed and the number of the claimants whose applications were not allowed; and (e) any recommendations for changes in relation to the application of paragraph 101(1)(b.1) of that Act.
Immigration and Refugee Protection Act — I-2.5 306
2014, c. 20, s. 299 306 Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following: Minister of Employment and Social Development (2.1) In making regulations under paragraphs 32(b.1) and (d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.