The ''Immigration and Refugee Protection Act'' (IRPA) (, LIPR)
is an Act of the
Parliament of Canada
The Parliament of Canada () is the Canadian federalism, federal legislature of Canada. The Monarchy of Canada, Crown, along with two chambers: the Senate of Canada, Senate and the House of Commons of Canada, House of Commons, form the Bicameral ...
, administered by
Immigration, Refugees and Citizenship Canada
Immigration, Refugees and Citizenship Canada (IRCC; )Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Department of Citizenship and Immigration (). is the Ministry ...
(IRCC) and
Canada Border Services Agency
The Canada Border Services Agency (CBSA; , ''ASFC'') is a federal law enforcement agency that is responsible for border guard, border control (i.e. protection and surveillance), immigration enforcement, and Customs, customs services in Canada.
...
(CBSA), that replaced the ''
Immigration Act, 1976'' in 2002 as the primary federal legislation regulating
immigration to Canada. The "Immigration and Refugee Protection Regulations" (IRPR) specify how provisions of ''IRPA'' are to be applied.
Coming into force on 28 June 2002, the Act created a high-level framework detailing the goals and guidelines the Canadian government has set with regard to immigration to Canada by foreign residents. The ''Act'' also sprouted controversy regarding the government's failure to implement a component of the legislation that would have established a Refugee Appeal Division as part of Canada's immigration system.
The
minister of public safety and emergency preparedness, who oversees agencies such as the CBSA, is responsible for administrating the ''Act'' as it relates to examinations at
ports of entry (POEs); enforcement, including arrests, detentions, removals, and policy establishment; and inadmissibility on the grounds of security, organized criminality, or violation of international rights (incl. human rights). The
minister of immigration, refugees and citizenship
Minister may refer to:
* Minister (Christianity)
In Christianity, a minister is a person authorised by a church body, church or other religious organization to perform functions such as teaching of beliefs; leading services such as weddings, ...
, who oversees the IRCC, is responsible for governing the ''Act'' overall.
The
Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that is responsible for making well-reasoned decisions of immigration and refugee matters, efficiently, fairly, and in accordance with the law.
Constitutionality
In the 2007 case of ''
Charkaoui v. Canada (Citizenship and Immigration)'',
Charkaoui v. Canada (Citizenship and Immigration)
'' 2007 SCC 9, 0071 SCR 350. Retrieved vi
CanLII
on 2020-04-10. Chief Justice Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the ...
held that certain aspects of the scheme contained within the ''Act'' for the detention of
permanent residents and
foreign nationals on the grounds of national security violate s. 7 of the ''
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...
'' by "allowing the issuance of a certificate of inadmissibility based on secret material without providing for an independent agent at the stage of
judicial review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
to better protect the named person’s interests."
[''Charkaoui v. Canada'']
para. 3 (CanLii)
McLachlin concluded that "some of the time limits in the provisions for continuing detention of a foreign national violate ss. 9 and 10(c)
f the Charterbecause they are arbitrary."
The
Government of Canada
The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federation, federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes Minister of t ...
responded by introducing a revised
security certificate regime in the ''Act'' that includes the use of special advocates to review a summary of the evidence without being able to share this information with the accused. The bill to amend the ''Act'' was passed by Parliament with support from the Conservative and Liberal caucuses and received royal assent in 2008.
Regulations
Regulations made under IRPA
The regulations that were made under this Act include:
* Adjudication Division Rules (
SOR/93-47)
* Federal Courts Citizenship, Immigration and Refugee Protection Rules (SOR/93-22)
* Immigration and Refugee Protection Regulations (SOR/2002-227)
* Immigration Appeal Division Rules (SOR/2002-230)
* Immigration Division Rules (SOR/2002-229)
* Ministerial Responsibilities Under the IRPA Order (
SI/2015-52)
*
Oath or Solemn Affirmation of Office Rules (
Immigration and Refugee Board) (SOR/2012-255)
* Order Designating the Minister of Citizenship and Immigration as the Minister responsible for the administration of that Act (SI/2001-120)
* Preclearance in Canada Regulations (SOR/2019-183)
* Protection of Passenger Information Regulations (SOR/2005-346)
* Refugee Appeal Division Rules (SOR/2012-257)
* Refugee Protection Division Rules (SOR/2012-256)
* Regulations Designating a Body for the Purposes of paragraph 91(2)(c) of IRPA (SOR/2011-142)
Repealed regulations made under IRPA
The regulations that were repealed under this Act include:
*
Convention Refugee Determination Division Rules (
SOR/93-45)
* Oath or Solemn Affirmation of Office Rules (
IRB) (SOR/2002-231)
* Refugee Protection Division Rules (SOR/2002-228)
* Order Setting Out the Respective Responsibilities of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness Under the Act (
SI/2005-120)
See also
*
Canadian immigration and refugee law
* ''
Protecting Canada's Immigration System Act''
*
Temporary foreign worker program in Canada
References
Further reading
*
Dauvergne, Catherine.
Evaluating Canada's New Immigration and Refugee Protection Act in Its Global Context" ''Alberta Law Review'' 41(3):725–44.
* Garritty, Shane. 2008.
Immigration and Refugee Protection Act: Balancing Individual Rights and National Security (
M.A. thesis). Saskatoon: University of Saskatchewan. .
* Sinha, Jay, and Margaret Young. 26 March 2001.
Bill C-11: Immigration and Refugee Protection Act" ''Legislative Summary''
S-297E Ottawa: Parliamentary Research Branch,
Library of Parliament.
eText.
{{Canadian law
Canadian federal legislation
2002 in Canadian law
Canadian immigration law
37th Canadian Parliament
Immigration legislation
Terrorism laws in Canada
Immigration, Refugees and Citizenship Canada