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

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

451

APPEN DIX A

SELECTED PROV ISIONS

OF THE

IM MIGR ATION

AND R EF UGEE

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 im migration to Canada a nd the granting of refugee

protection to persons who are displaced, per secuted or in danger

Her Majesty, by and with the advice and consent of the Sen ate 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 t his subsection apply in this Act.

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

Refugee Protection Division, Refugee Appeal D ivision, Immigration Di-

vision and Immigr ation Appeal Division.

Convention Against Torture means the Convention Again st 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 reside nt means a person who has acquired permanent resi-

dent status and has not subsequently lost t hat status under section 46.

Refuge e Conven tion 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 re spect to immigration are

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

economic benef‌its of im migrat ion;

(b) to enrich and strengthen t he social and cultural f abric of

Canadian society, while respecting the federal, biling ual and

multicult ural ch aracter of Canad a;

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

guages communities in Ca nada;

(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 famil ies are reunited in Canad a;

(e) to promote the succes sful integration of perma nent residents

into Canada, while recogn izing that integ ration involves mu-

tual obligations for new immigra nts and Canadia n society;

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

processing, the attainment of immigration goals est ablished

by the Government of Canada in consultation with the prov-

inces;

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

workers for purposes such as trade, commerce, touri sm, inter-

Selected Prov isions of the Immigration and Refugee Protec tion Act 453

national understanding and cultural, educational a nd scien-

tif‌ic activities;

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

ity of Canadian society;

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

spect for human rights and by denying access to Canadi an

territory to persons who are crimina ls or security risks; and

(j) to work in cooperat ion with the provinces to secure b etter

recognition of the foreign credentials of permanent residents

and their more rapid integration into society.

Objectives — refugees

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

(a) to recog nize that the refugee program is in the f‌irst in stance

about saving lives and offering protection to the displaced and

persecuted;

(b) to fulf‌il Canad a’s international legal obligations with re spect

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 con sideration to those who come to Canada

claiming persecution;

(d) to offer safe haven to persons with a wel l-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 t reatment or punishment;

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

integrity of the Can adian 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 t heir

family members in Ca nada;

(g) to protect the health and safety of Canadians and to mai ntain

the security of Can adian society; and

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

to Canadian ter ritory to persons, includi ng refugee claimants,

who are security ri sks or serious criminals.