14 Matching Annotations
  1. Oct 2021
  2. Sep 2021
    1. 2015, c. 3, s. 110

      Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 110, amends IRPA s. 63(2) and (3) to read:

      Right to appeal — visa and removal order

      (2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

      Right to appeal removal order

      (3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

      Previously they had read:

      Right to appeal — visa and removal order

      (2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

      Right to appeal — removal order

      (3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

    2. 2015, c. 3, s. 109(E)

      Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 109(E) amends the English version of IRPA s. 37(1)(b) to read:

      (b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.

      Previously it had read:

      (b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.

    3. 2015, c. 36, s. 172

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 172, amends IRPA s. 32(d.5) to say:

      (d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer;

      Previously it had said:

      (d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer, the electronic system by which that information must be provided, the circumstances in which that information may be provided by other means and those other means;

    4. 2015, c. 3, s. 108(E)

      Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 108(E) amends the English version of IRPA s. 16(3) to read:

      Evidence relating to identity (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained, subject to an examination or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

      Previously it had read:

      Evidence relating to identity (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

    5. 2015, c. 36, s. 171

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 171(1) repealed IRPA s. 14(3), which had said: "(3) For the purposes of subsection 11(1.01), the regulations may include provisions respecting the circumstances in which an application may be made by other means and respecting those other means."

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 171(2) repealed IRPA s. 14(4), which had said:

      (4) The regulations may provide for any matter relating to the application of section 11.1, including (a) the circumstances in which a foreign national is exempt from the requirement to follow the procedures prescribed under that section; (b) the circumstances in which a foreign national is not required to provide certain biometric information; and (c) the processing of the collected biometric information, including creating biometric templates or converting the information into digital biometric formats.

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 171(3) repealed IRPA s. 14(5), which had said:

      (5) The regulations may require foreign nationals who make an application for a visa or other document under subsection 11(1) and foreign nationals who were issued an invitation under Division 0.1 to apply for permanent residence to make those applications by means of an electronic system and may include provisions respecting that system, respecting the circumstances in which those applications may be made by other means and respecting those other means.

    6. 2015, c. 36, s. 170

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 170, repealed s. 11.1, which until that point read:

      11.1 A prescribed foreign national who makes an application for a temporary resident visa, study permit or work permit must follow the prescribed procedures for the collection of prescribed biometric information.

    7. 2012, c. 17, s. 2

      Protecting Canada's Immigration System Act, SC 2012, c 17, s. 2: added

      “designated foreign national” has the meaning assigned by subsection 20.1(2).

    8. c. 19, s. 700

      Jobs, Growth and Long-term Prosperity Act, SC 2012, c 19, s. 700:

      • removed the previous s. 2(2)
      • replaced it with: "(2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1)."
    9. 2019, c. 29, s. 301

      Budget Implementation Act, 2019, No. 1, SC 2019, c 29, https://canlii.ca/t/5430b, s. 301, added to the "Objectives" section at s. 3(1): "(f.1) to maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system;"

    10. 2015, c. 36, s. 169

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 169(1), adds a new s. 11(1.01):

      (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.

      The section previously read:

      (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 the system or by an officer and, if the system or officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the system or officer.

      Economic Action Plan 2015 Act, No. 1, SC 2015, c 36, https://canlii.ca/t/52m2b, s. 169(2), adds a new subsection: "(1.02) Subject to the regulations, a foreign national who has temporary resident status may apply for a visa or other document during their stay in Canada."

    1. SOR/2010-208, s. 1

      Regulations Amending the Immigration and Refugee Protection Regulations (Bad faith) 2010-10-13 Canada Gazette Part II, Vol. 144, No. 21, p. 138 (https://gazette.gc.ca/rp-pr/p2/2010/2010-10-13/pdf/g2-14421.pdf) s. 1. "Section 4 of the Immigration and Refugee Protection Regulations is replaced by the following" i.e. completely re-writes section.

      Previously read: Bad faith

      1. For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, a conjugal partner or an adopted child of a person if the marriage, common-law partnership, conjugal partnership or adoption is not genuine and was entered into primarily for the purpose of acquiring any status or privilege under the Act. (see https://www.canlii.org/en/ca/laws/regu/sor-2002-227/92047/sor-2002-227.html)
    2. SOR/2018-251, s. 1(F)

      Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program): SOR/2018-251, https://gazette.gc.ca/rp-pr/p2/2018/2018-12-12/html/sor-dors251-eng.html - THERE IS NO s. 1(F)!!