Part of a series on |
Canadian citizenship |
---|
![]() |
![]() |
Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act , whose goals include economic growth, family reunification, and compliance with humanitarian treaties.
As a result of the 1991 Canada-Quebec Accord, Quebec gained full selection process for economic migrants within the province's borders. [1] As of 2023, between 50 and 60 percent of permanent residents born abroad are chosen by Quebec authorities, with the national government selecting the rest. [2]
Canada has had laws and regulations governing the admission of immigrants since 1869, two years following Confederation. [3]
The following is a timeline of the former Canadian legal system, both federal and provincial, as it relates to immigration: [3]
Immigration Act, 1976 | |
---|---|
Parliament of Canada | |
Assented to | 1976 |
Effective | 1978 |
Repealed | 2002 |
Repealed by | |
Immigration and Refugee Protection Act | |
Related legislation | |
Immigration Act, 1869 | |
Status: Repealed |
The Immigration Act, 1976, insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration. [3]
It focused on who should be allowed into Canada, rather than on who should be kept out. The Act came into force in 1978, along with new immigration regulations, giving more power to the provinces to set their own immigration laws and defined "prohibited classes" in much broader terms. Individuals who could become a burden on social welfare or health services would now be refused entry, rather than specific categories of people, e.g., those who identified themselves as homosexual, disabled, and so on.
Further, it created four new classes of immigrants who could come to Canada: refugees, families, assisted relatives, and independent immigrants. While independent immigrants had to take part in the points system, other classes did not have to take part in this test so long as they passed basic criminal, security, and health checks. The act also created alternatives to deportation for less serious criminal or medical offences, since deportation meant the immigrant was barred from entering Canada for life. After 1978, the government could issue 12-month exclusion orders and a departure notice, if the cause for a person's removal was not serious, but in some cases, it could be severe.
The enforcement team with the Department of Citizenship and Immigration Canada was responsible for enforcing the act at border crossings with the United States as well as checkpoints at international airports in Canada.
The 1976 Immigration Act was replaced by the Immigration and Refugee Protection Act (IRPA) in 2002. [10]
The primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA), accompanied by the Immigration and Refugee Protection Regulations and Protection of Passenger Information Regulations. First introduced in 2002 to replace the former Immigration Act of 1976, the many changes brought on by IRPA included broader discretion for immigration officers when evaluating applications.
Other relevant legislation include the Citizenship Act , and certain immigration and refugee-related provisions of the Criminal Code.
Immigration detainees in Canada are held in Immigration Holding Centres (IHCs; French: Le centre de surveillance de l'immigration), [11] under the auspices of the Canada Border Services Agency (CBSA). Immigration detainees may also be kept in provincial jails, either because the IHCs are full, there is no centres in their region, or the detainee's file has a link to criminality. [12] Detainees can include: asylum seekers without sufficient amount of necessary identification papers; foreign workers whose visas had expired; and individuals awaiting deportation. [13]
The Protecting Canada's Immigration System Act (Bill C-31) was established in hopes of amending Canadian immigration and refugee law [14] by addressing the number of "bogus refugees" and claimants from European Union democracies. [15]
Under the Canada–United States Safe Third Country Agreement (STCA), people from a country that is not Canada or the United States who attempt to enter Canada at a legal border crossing seeking refugee status will be turned back.
There are 4 types of exceptions to the STCA: refugee claimants who have a family member in Canada; unaccompanied minors under the age of 18; individuals holding a valid Canadian visa; and those who have been charged with or convicted of an offence that could subject them to the death penalty in the United States or in a third country. The STCA also does not apply to claimants who entered Canada at a "location that is not a port of entry." [16] [17]
The Government of Canada is held to comply with the following international laws in relation to migration and refuge/asylum: [18]
Department of Citizenship and Immigration Act | |
---|---|
Parliament of Canada | |
| |
Citation | S.C. 1994, c. 31 |
Assented to | 23 June 1994 |
Status: Amended |
The Department of Citizenship and Immigration Act established Canada's Department of Citizenship and Immigration (now known as Immigration, Refugees and Citizenship Canada), to be presided by the Minister of Citizenship and Immigration. [20]
The Revolving Funds Act authorized the establishment of certain revolving funds, including for the minister of citizenship and immigration. Under the act, the minister is able to make expenditures out of the Consolidated Revenue Fund of Canada "for the purpose of passport and other travel document services in Canada and at posts abroad," as well as revenue received regarding that purpose. [21]
Canada Border Services Agency Act | |
---|---|
Parliament of Canada | |
| |
Citation | S.C. 2005, c. 38 |
Assented to | 3 November 2005 |
Status: Amended |
The Canada Border Services Agency Act established the Canada Border Services Agency (CBSA), which was created by Order in Council on 12 December 2003. The act renders the CBSA responsible for providing integrated border services that support Canada's national security priorities and that facilitate the free flow of persons and goods (including plants and animals) that meet all requirements under the program legislation. [22] [23]
The act also set out the responsibilities, mandate, powers, duties, and functions of the CBSA's president and of the minister responsible for the agency (Minister of Public Safety and Emergency Preparedness). [23]
International Boundary Commission Act | |
---|---|
Parliament of Canada | |
| |
Citation | R.S.C., 1985, c. I-16 |
Status: Amended |
Sections 151 through 186 of the Immigration and Refugee Protection Act (IRPA) dictate the functions and composition of the Immigration and Refugee Board of Canada (IRB).
The Immigration Division Rules (SOR/2002-229), pursuant to subsection 161(1) of IRPA, outlines the responsibilities of the IRB's Immigration Division, including those of admissibility hearings and detention reviews. [24]
The Immigration Appeal Division Rules (SOR/2002-230), sets out the rules for appealing immigration- related decisions (such as removal orders, inadmissibility, etc.) to IRB's Immigration Appeal Division. [25] Likewise, the Refugee Appeal Division Rules (SOR/2012-257) sets out the rules for appealing refugee-related decisions to the Refugee Appeal Division.
The International Boundary Commission Act provides the International Boundary Commission (including its members, officers, employees, and agents) with certain powers for the purpose of maintaining an effective boundary line between Canada and the United States. This authority includes the commission's ability to: [26]
Most terminology relevant to immigration and refugee law in Canada are defined under the Immigration and Refugee Protection Act (IRPA) and its accompanying regulations; such terms include: [28] [19]
Under Canadian policy, (legal) permanent immigrants are categorized by Immigration, Refugees and Citizenship Canada (IRCC) as either of the following: [33] [34] [35]
The Parliament of Canada has previously debated whether to allow former U.S. war resisters, such as soldiers avoiding re-deployment to Iraq, to stay in Canada. [40] In mid-2010, the Federal Court of Appeal ruled that Jeremy Hinzman, an American soldier seeking asylum, should be allowed to remain in Canada based on his pacifist religious beliefs. [41] A Private Member's Bill on the issue of war resisters, by former Member of Parliament Gerard Kennedy, was defeated in late September. [42]
In June 2012, the Canadian government introduced a series of changes affecting the Interim Federal Health Program which covers refugee health care. Some have taken issue with the Canada–United States Safe Third Country Agreement (STCA), which prevents people from a country that is not Canada or the US who attempt to enter Canada at a legal border crossing seeking refugee status will be turned back, but processes the claims of those who arrive illegally. Moreover, some refugee advocates have argued for rescinding the STCA.