Appendix A. Selected provisions of the immigration and refugee protection act

• Author: Sasha Baglay/Martin Jones
• Pages: 451-495

451

APPENDIX A

SELECTED PROVISIONS

OF THE

IMMIGRATION

AND REFUGEE

PROTECTION ACT

Immigration and Refugee Protection Act

2001, c. 27

[Assented to 1 November 2001, as subsequently amended,

as of 15 February 2017]

An Act respecting immigration to Canada and the granting of refugee

protection to persons who are displaced, persecuted or in danger

Her Majesty, by and with the advice and consent of the Senate and

House of Commons of Canada, enacts as follows:

Short Title

1. This Act may be cited as the Immigration and Refugee Protection Act.

Interpretation

Def‌initions

2. (1) The def‌initions in this subsection apply in this Act.

Board means the Immig ration and Refugee Board, which consists of the

Refugee Protection Division, Refugee Appeal Division, Immigration Di-

vision and Immigration Appeal Division.

Convention Against Torture means the Convention Against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, signed

REFUGEE L AW452

at New York on December 10, 1984. Article 1 of the Convention Against

Torture is set out in the schedule.

designated foreign national has the meaning assigned by subsection

20.1(2)

foreign national means a person who is not a Canadian citizen or a per-

manent resident, and includes a stateless person.

permanent resident means a person who has acquired permanent resi-

dent status and has not subsequently lost that status under section 46.

Refugee Convention means the United Nations Convention Relating to

the Status of Refugees, signed at Geneva on July 28, 1951, and the Pro-

tocol to that Convention, signed at New York on January 31, 1967. Sec-

tions E and F of Article 1 of the Refugee Convention are set out in the

schedule.

. . .

Objectives and Application

Objectives — immigration

3. (1) The objectives of this Act with respect to immigration are

(a) to permit Canad a to pursue the maximum social, cultura l and

economic benef‌its of immigration;

(b) to enrich and strengthen the social and cultural fabric of

Canadian society, while respecting the federal, bilingual and

multicultural character of Canada;

(b.1) to support and assist the development of minority off‌icial lan-

guages communities in Canada;

(c) to support the development of a strong and prosperous Can-

adian economy, in which the benef‌its of immigration are

shared across all regions of Canada;

(d) to see that families are reunited in Canada;

(e) to promote the successful integration of permanent residents

into Canada, while recognizing that integration involves mu-

tual obligations for new immigrants and Canadian society;

(f) to support, by means of consistent standards and prompt

processing, the attainment of immigration goals established

by the Government of Canada in consultation with the prov-

inces;

(g) to facilitate the entry of visitors, students and temporary

workers for purposes such as trade, commerce, tourism, inter-

Selected Prov isions of the Immigration and Refugee Protec tion Act453

national understanding and cultural, educational and scien-

tif‌ic activities;

(h) to protect public health and safety and to maintain the secur-

ity of Canadian society;

(i) to promote international justice and security by fostering re-

spect for human rights and by denying access to Canadian

territory to persons who are criminals or security risks; and

(j) to work in cooperation with the provinces to secure better

recognition of the foreign credentials of permanent residents

and their more rapid integration into society.

Objectives — refugees

(2) The objectives of this Act with respect to refugees are

(a) to recognize that the refugee program is in the f‌irst instance

about saving lives and offering protection to the displaced and

persecuted;

(b) to fulf‌il Canada’s international legal obligations with respect

to refugees and aff‌irm Canada’s commitment to international

efforts to provide assistance to those in need of resettlement;

(c) to grant, as a fundamental expression of Canada’s humanitar-

ian ideals, fair consideration to those who come to Canada

claiming persecution;

(d) to offer safe haven to persons with a well-founded fear of perse-

cution based on race, religion, nationality, political opinion or

membership in a particu lar social group, as well as those at risk

of torture or cruel and unusual treatment or punishment;

(e) to establish fair and eff‌icient procedures that will maintain the

integrity of the Canadian refugee protection system, while up-

holding Canada’s respect for the human rights and fundamen-

tal freedoms of all human beings;

(f) to support the self-suff‌iciency and the social and economic

well-being of refugees by facilitating reunif‌ication with their

family members in Canada;

(g) to protect the health and safety of Canadians and to maintain

the security of Canadian society; and

(h) to promote internat ional just ice and security by denying access

to Canadian territory to persons, including refugee claimants,

who are security risks or serious criminals.