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Section Title: Immigration and Refugee Protection Act

F A C T   S H E E T     1 3
_______________

OVERVIEW OF
THE NEW ACT

This is not a legal document. For legal information, consult the Immigration and Refugee Protection Act and its Regulations.

 

SNAPSHOT

Citizenship and Immigration Canada (CIC) administers the Immigration and Refugee Protection Act and the Citizenship Act. Our mission is to build a stronger Canada by

  • maximizing the benefits from the global movement of people;
  • protecting refugees at home and abroad;
  • defining membership in Canadian society; and
  • managing access to Canada.
Canada's new Immigration and Refugee Protection Act replaces the Immigration Act, which was approved in 1976 and has been amended more than 30 times. The new Act modernizes Canada's immigration policy. It provides Canada with the tools to attract workers with flexible skills and it speeds up family reunification. The Act is tough on those who pose a threat to Canadian security, while maintaining Canada's humanitarian tradition of providing safe haven to people in need of protection.

 
SKILLED WORKERS

Canada requires a modernized immigration policy in order to continue to grow and prosper in the new global economy. In recognition of this, the Act incorporates a number of changes to Canadian immigration policy to improve the selection system for skilled workers.

Under the Act, the emphasis for selecting skilled workers has shifted from an occupation-based model to one that focuses more on choosing skilled workers with the flexible and transferable skill sets required to succeed in a fast-changing, knowledge-based economy. The legislation recognizes that the Canadian economy values skilled technical workers and tradespersons as well as university-educated professionals. It also recognizes the importance of proficiency in English or French, Canada's two official languages, and makes it easier for prospective immigrants to qualify for admission to Canada if they are fluent in one of the two languages. These changes, along with numerous other improvements in the Act, will ensure that Canadian businesses are able to access the skilled workers they need to continue to grow and prosper in the 21st century.

 
REFUGEES

The Government of Canada is committed to enhancing Canada's humanitarian tradition through measures that strengthen programs for resettling refugees from overseas and by ensuring prompt and fair processing of refugee protection claims made in Canada.

In resettling refugees from overseas, Canada will place greater emphasis on the refugees' need for protection and less on the ability to resettle in Canada. In determining whether an applicant will successfully settle, new selection criteria will take into account economic and social factors such as the presence of relatives in Canada.

The Act also features a number of measures designed to improve the efficiency of Canada's inland refugee processing system. These changes include consolidated decision making, single-member refugee hearings and faster referrals to the Immigration and Refugee Board (IRB.)

To increase Canadian security, refugee claimants who are determined to be inadmissible on grounds of security, human rights violations or organized criminality will not be eligible to have their claims heard by the IRB.

These changes, along with other new measures in the Act, are designed to reduce waiting times and improve the efficiency of Canada's refugee system.

 
FAMILY REUNIFICATION

Canada's immigration policy is based on the philosophy that people who immigrate to Canada will establish themselves more easily if they are supported by their families. For the first time, the existence of the Family Class is acknowledged in the Act as well as in the Regulations. Membership in the new Family Class includes a foreign national who is the spouse, common-law partner, conjugal partner, child or parent of a Canadian citizen or permanent resident. The age for dependent children has been increased from under 19 to under 22, and sponsored spouses, common-law partners, conjugal partners and dependent children will not be refused on the grounds that they represent an excessive medical demand.

 
SAFETY AND SECURITY

The Act provides the government with many new tools to increase the security of Canadian borders. These include front-end security screening for all refugee claimants, clearer grounds for detention, fewer appeals and opportunities for the courts to delay the removal of serious criminals, and suspension of refugee claims for people charged with serious crimes until the courts have made a decision.

The introduction of a Permanent Resident Card, featuring a number of security elements, will make it easier for permanent residents to re-enter Canada after traveling abroad.

To deal with the growing phenomenon of human trafficking, the Act makes trafficking a new offence. It introduces severe penalties of up to life in prison and/or fines of up to one million dollars for people smugglers and those caught trafficking in humans. Penalties have also been introduced for fraud and forged documents.

The Act also includes provisions for the following: an oral appeal hearing for people facing the loss of permanent resident status for failure to maintain residency; improved safeguards for people who may be harmed in their home countries if they are removed from Canada; clearer reasons for detention; new, clearer grounds to refuse entry to Canada to foreign nationals who may pose a danger to Canada; and a requirement for officials to obtain a warrant prior to arresting permanent residents or refugees.

The Act also recognizes the importance that Canadians place on the well-being of children. The principle of the best interests of the child has been incorporated into the Act in appropriate sections. Specifically, this principle means that a minor child shall be detained only as a last resort and that the best interests of the child will be taken into account in all detention decisions involving minors.

 

© Minister of Public Works and Government Services Canada, 2002
Cat. No.: Ci51-111/2002-13
ISBN 0-662-66649-6
C&I-490-A-06-02

 

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Last Updated: 2002-07-04 Return to top of page Important Notices