GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 9
Sole provincial responsibility — permanent residents 9 (1) Where a province has, under a federal-provincial agreement, sole responsibility for the selection of a foreign national who intends to reside in that province as a permanent resident, the following provisions apply to that foreign national, unless the agreement provides otherwise: (a) the foreign national, unless inadmissible under this Act, shall be granted permanent resident status if the foreign national meets the province’s selection criteria; (b) the foreign national shall not be granted permanent resident status if the foreign national does not meet the province’s selection criteria; (c) the foreign national shall not be granted permanent resident status contrary to the provisions of the law of the province governing the number of foreign nationals who may settle in the province as permanent residents, whether that number is an estimate or a maximum, or governing the distribution of that number among classes of foreign nationals; and (d) conditions imposed in accordance with the law of the province have the same force and effect as if they were made under this Act, if they are imposed on a foreign national on or before the grant of permanent resident status. Sole provincial responsibility — appeals (2) If a federal-provincial agreement gives a province sole responsibility to establish and apply financial criteria with respect to undertakings that sponsors living in that province may make in respect of a foreign national who applies to become a permanent resident, then, unless the agreement provides otherwise, the existence of a right of appeal under the law of that province respecting rejections by provincial officials of applications for sponsorship, for reasons of failing to meet financial criteria or failing to comply with a prior undertaking, prevents the sponsor, except on humanitarian and compassionate grounds, from appealing under this Act against a refusal, based on those reasons, of a visa or permanent resident status.
Immigration and Refugee Protection Act — I-2.5 10
Consultations with the provinces 10 (1) The Minister may consult with the governments of the provinces on immigration and refugee protection policies and programs, in order to facilitate cooperation and to take into consideration the effects that the implementation of this Act may have on the provinces. Required consultations (2) The Minister must consult with the governments of the provinces respecting the number of foreign nationals in each class who will become permanent residents each year, their distribution in Canada taking into account regional economic and demographic requirements, and the measures to be undertaken to facilitate their integration into Canadian society.
Immigration and Refugee Protection Act — I-2.5 10.01
Biometric information 10.01 A person who makes a claim, application or request under this Act must follow the procedures set out in the regulations for the collection and verification of biometric information, including procedures for the collection of further biometric information for verification purposes after a person’s claim, application or request is allowed or accepted. 2015, c. 36, s. 168
Immigration and Refugee Protection Act — I-2.5 10.02
Regulations 10.02 The regulations may provide for any matter relating to the application of section 10.01 and may include provisions respecting (a) restrictions on the persons to whom that section applies and on the claims, applications or requests to which it applies; (b) the procedures for the collection and verification of biometric information; (c) the biometric information that is to be collected; (d) the circumstances in which a person is not required to provide certain biometric information; (e) the processing of the collected biometric information, including the creation of biometric templates or the conversion of the information into digital biometric formats; and (f) the circumstances in which a person is exempt from the application of that section. 2015, c. 36, s. 168
Immigration and Refugee Protection Act — I-2.5 10.1
Application for permanent residence — invitation to apply 10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired. Invitation to provincial nominees (1.1) A foreign national who is a member of a portion of the prescribed class of provincial nominees set out in an instruction given under paragraph 10.3(1)(a) may be issued an invitation only in respect of that class. Limitation (2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2). Provincial nominees (2.1) In the case of the prescribed class of provincial nominees, an instruction may be given under paragraph 10.3(1)(a) in respect of the foreign nationals who are nominated by the government of a particular province in accordance with an agreement referred to in section 8, or in respect of a portion of those foreign nationals. Expression of interest (3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means. Inadmissible foreign national (4) A foreign national may not submit an expression of interest if they have been determined to be — and continue to be — inadmissible for misrepresentation. New expression of interest (5) A foreign national who has submitted an expression of interest may not submit another one before the expiry of the period referred to in an instruction given under paragraph 10.3(1)(f). Failure to make application (6) A foreign national who is invited to make an application and does not do so within the period specified in an instruction given under paragraph 10.3(1)(k) is not eligible to be invited to make an application in relation to the expression of interest on the basis of which the invitation was issued. Declining invitation (7) Subsection (6) does not apply to a foreign national who declines an invitation to make an application within the period specified in an instruction given under paragraph 10.3(1)(k). 2013, c. 40, s. 290; 2014, c. 20, s. 306; 2017, c. 20, s. 300
Immigration and Refugee Protection Act — I-2.5 10.2
Expression of interest — processing 10.2 (1) In processing an expression of interest, the Minister (a) is to determine whether the foreign national is eligible to be invited to make an application by applying the criteria set out in instructions given under paragraph 10.3(1)(e) and is to advise the foreign national of the determination in accordance with instructions given under paragraph 10.3(1)(l); and (b) subject to subsection (2), is to determine whether, in accordance with instructions given under paragraph 10.3(1)(i), the foreign national occupies the rank required to be invited to make an application and, if so, is to issue the invitation in accordance with instructions given under paragraph 10.3(1)(l). Limitation (2) A determination under paragraph (1)(b) may be made only if the number of invitations that have been issued is less than the number provided for in an instruction given under paragraph 10.3(1)(j). Electronic system (3) The Minister is to use an electronic system to carry out any applicable instruction given under subsection 10.3(1) and to make a determination under paragraph (1)(a) or (b). Compliance with instructions (4) An expression of interest must be processed in compliance with any applicable instruction. Cancellation of invitation (5) The Minister may cancel an invitation to make an application if the invitation was issued in error. 2013, c. 40, s. 290; 2014, 20, s. 306
Immigration and Refugee Protection Act — I-2.5 10.3
vided for under other Divisions (5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence. 2013, c. 40, s. 290; 2014, c. 20, s. 306; 2017, c. 20, s. 301 2022, c. 10, s. 377
Immigration and Refugee Protection Act — I-2.5 10.4
Disclosure of information 10.4 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose to an entity that is referred to in an instruction given under paragraph 10.3(1)(g) the personal information referred to in that instruction that is (a) provided to the Minister by the foreign national under section 10.1 or by a third party for the purposes of section 10.1 or 10.2; or (b) created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3. 2013, c. 40, s. 290; 2017, c. 20, s. 302
Immigration and Refugee Protection Act — I-2.5 10.5
Consultation process 10.5 (1) For the purpose of establishing categories of eligible foreign nationals under subparagraph 10.3(1)(h.1)(iii), the Minister must engage in a public consultation process with stakeholders, including provinces and territories, industry, unions, employers, workers, worker advocacy groups, settlement provider organizations and immigration researchers and practitioners, to obtain information, advice and recommendations in respect of the labour market conditions, including occupations expected to face shortage conditions, as well as on how categories can be formed to meet economic goals. Advice and recommendations (2) The advice and recommendations from the public consultation process must be based on written submissions provided by relevant industry members and stakeholders. Report (3) The Minister shall cause to be tabled before each House of Parliament, not later than the fifth sitting day of that House after January 31 following the end of each fiscal year, a report containing the list of the categories of eligible foreign nationals established in an instruction made under paragraph 10.3(1)(h.1) and the selection criteria and the process applied for the establishment of those categories. Referral (4) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report. 2022, c. 10, s. 377.1
Immigration and Refugee Protection Act — I-2.5 11
Application before entering Canada 11 (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Electronic travel authorization (1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer. Restriction (1.1) A designated foreign national may not make an application for permanent residence under subsection (1) (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 (1.2) The processing of an application for permanent residence under subsection (1) 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 (1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) 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 (1.1) or (1.2). If sponsor does not meet requirements (2) The officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act. 2001, c. 27, s. 11; 2008, c. 28, s. 116; 2012, c. 17, s. 5, c. 31, s. 308; 2015, c. 36, s. 169
Immigration and Refugee Protection Act — I-2.5 11.2
Visa or other document not to be issued 11.2 (1) An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if — at the time the invitation was issued or at the time the officer received their application — the foreign national (a) did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e); (b) did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation; or (c) did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2), if they were issued an invitation on the basis that they were eligible to be a member of that category. Exceptions (2) Despite subsection (1), an officer may issue the visa or other document if, at the time the officer received their application, (a) the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) — or they did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) or did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2) — because the foreign national’s birthday occurred after the invitation was issued; or (b) the foreign national did not have the qualifications they had at the time the invitation was issued and on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h), but (i) they met the criteria set out in an instruction given under paragraph 10.3(1)(e), (i.1) they met the criteria for membership of a category established in an instruction given under paragraph 10.3(1)(h.2), if they were issued the invitation on the basis that they were eligible to be a member of that category, and (ii) they occupied a rank that is not lower than the rank that a foreign national was required to have occupied to be invited to make an application. 2014, c. 20, s. 300; 2017, c. 20, s. 303 2022, c. 10, s. 378
Immigration and Refugee Protection Act — I-2.5 11.3
Termination — processing of application 11.3 An officer may terminate the processing of an application for a visa or other document in the prescribed circumstances. 2026, c. 4, s. 65
Immigration and Refugee Protection Act — I-2.5 12
Family reunification 12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. Economic immigration (2) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. Refugees (3) A foreign national, inside or outside Canada, may be selected as a person who under this Act is a Convention refugee or as a person in similar circumstances, taking into account Canada’s humanitarian tradition with respect to the displaced and the persecuted.
Immigration and Refugee Protection Act — I-2.5 13
Sponsorship of foreign nationals 13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations. (2) and (3) [Repealed, 2012, c. 17, s. 7] Instructions of Minister (4) An officer shall apply the regulations on sponsorship referred to in paragraph 14(2)(e) in accordance with any instructions that the Minister may make. 2001, c. 27, s. 13; 2012, c. 17, s. 7
Immigration and Refugee Protection Act — I-2.5 13.1
Undertaking binding 13.1 An undertaking given under this Act in respect of a foreign national — including a sponsorship undertaking — is binding on the person who gives it. 2012, c. 17, s. 8
Immigration and Refugee Protection Act — I-2.5 13.2
Undertaking required 13.2 (1) If required to do so by the regulations, a foreign national who makes an application for a visa or for permanent or temporary resident status must obtain the undertaking specified in the regulations. Minister’s instructions (2) An officer must apply the regulations made under paragraph 14(2)(e.1) in accordance with any instructions that the Minister may give. 2012, c. 17, s. 8
Immigration and Refugee Protection Act — I-2.5 14
Regulations 14 (1) The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division. Regulations (2) The regulations may prescribe, and govern any matter relating to, classes of permanent residents or foreign nationals, including the classes referred to in section 12, and may include provisions respecting (a) selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating all or some of those criteria and the circumstances in which an officer may substitute for those criteria their evaluation of the likelihood of a foreign national’s ability to become economically established in Canada; (b) applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their family members; (b.1) the circumstances in which an officer may terminate the processing of an application for a visa or other document; (c) the number of applications that may be processed or approved in a year, the number of visas and other documents that may be issued in a year, and the measures to be taken when that number is exceeded; (d) conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals; (e) sponsorships; (e.1) undertakings, and penalties for failure to comply with undertakings; (f) deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister; (f.1) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with undertakings; and (g) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national or sponsor. (3) to (5) [Repealed, 2015, c. 36, s. 171] 2001, c. 27, s. 14; 2012, c. 17, s. 9, c. 31, ss. 309, 313; 2013, c. 16, s. 4; 2014, c. 20, s. 301; 2015, c. 36, s. 171 2026, c. 4, s. 66
Immigration and Refugee Protection Act — I-2.5 14.1
Economic immigration 14.1 (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived. Limitation (2) Despite any instruction given by the Minister under paragraph 87.3(3)(c), no more than 2,750 applications in a class established under subsection (1) may be processed in any year. Application of regulations (3) Subject to subsection (4), regulations that apply to all classes prescribed under subsection 14(2) that are part of the economic class referred to in subsection 12(2) apply to a class established under subsection (1). Exception (4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1). Non-application of regulations (5) For greater certainty, regulations that apply to only one class prescribed under subsection 14(2) that is part of the economic class referred to in subsection 12(2) — or to only certain classes that are part of that economic class — do not apply to a class established under subsection (1). However, an instruction given under that subsection may specify otherwise. Non-application of instructions (6) The instructions do not apply in respect of a prescribed class. Compliance with instructions (7) An officer must comply with the instructions before processing an application and when processing one. Amendments to instructions (8) An instruction that amends another instruction may, if it so provides, apply in respect of applications in a class established by the original instruction that are pending on the day on which the amending instruction takes effect. Effective period — limitation (9) An instruction given under subsection (1) has effect for the period specified in the instruction, which is not to exceed five years starting on the day on which the instruction first takes effect. No amendment to or renewal of an instruction may extend the five-year period. Pending applications (10) Despite subsection (9), the Minister may direct officers to process, after the end of the effective period of an instruction, applications in a class established by the instruction that were made during the period in which the instruction had effect. Service Fees Act (11) The Service Fees Act does not apply in respect of the fees referred to in subsection (1). Publication (12) Instructions must be published in the Canada Gazette . 2012, c. 19, ss. 703, 710; 2017, c. 20, s. 454 2026, c. 4, s. 32(E)