Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Serious criminality

• 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

  • (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

  • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

• Marginal note:Criminality

  (2) A foreign national is inadmissible on grounds of criminality for

  • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

  • (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

  • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

  • (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

• Marginal note:Application

  (3) The following provisions govern subsections (1) and (2):

  • (a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

  • (b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;

  • (c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;

  • (d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities; and

  • (e) inadmissibility under subsections (1) and (2) may not be based on an offence

    • (i) designated as a contravention under the Contraventions Act,

    • (ii) for which the permanent resident or foreign national is found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or

    • (iii) for which the permanent resident or foreign national received a youth sentence under the Youth Criminal Justice Act.

Marginal note:Organized criminality

• 37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for

  • (a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or

  • (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.

• Marginal note:Application

  (2) Paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity.

Marginal note:Health grounds

• 38 (1) A foreign national is inadmissible on health grounds if their health condition

  • (a) is likely to be a danger to public health;

  • (b) is likely to be a danger to public safety; or

  • (c) might reasonably be expected to cause excessive demand on health or social services.

• Marginal note:Exception

  (2) Paragraph (1)(c) does not apply in the case of a foreign national who

  • (a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;

  • (b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;

  • (c) is a protected person; or

  • (d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Marginal note:Financial reasons

39 A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

Marginal note:Misrepresentation

• 40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

  • (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

  • (d) on ceasing to be a citizen under

    • (i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,

    • (ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or

    • (iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

• Marginal note:Application

  (2) The following provisions govern subsection (1):

  • (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and

  • (b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.

• Marginal note:Inadmissible

  (3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).

Marginal note:Cessation of refugee protection — foreign national

• 40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.

• Marginal note:Cessation of refugee protection — permanent resident

  (2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

Marginal note:Non-compliance with Act

41 A person is inadmissible for failing to comply with this Act

• (a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and

• (b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.

Marginal note:Inadmissible family member

• 42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

  • (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

  • (b) they are an accompanying family member of an inadmissible person.

• Marginal note:Exception

  (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,

  • (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35 or 37; and

  • (b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35 or 37.

Marginal note:Exception — application to Minister

• 42.1 (1) The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.

• Marginal note:Exception — Minister’s own initiative

  (2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.

• Marginal note:Considerations

  (3) In determining whether to make a declaration, the Minister may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada.

Marginal note:Regulations

43 The regulations may provide for any matter relating to the application of this Division, may define, for the purposes of this Act, any of the terms used in this Division, and may include provisions respecting the circumstances in which a class of permanent residents or foreign nationals is exempted from any of the provisions of this Division.

DIVISION 5Loss of Status and Removal

Report on Inadmissibility

Marginal note:Preparation of report

• 44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

• Marginal note:Referral or removal order

  (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order.

• Marginal note:Conditions

  (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order.

• Marginal note:Conditions — inadmissibility on grounds of security

  (4) If a report on inadmissibility on grounds of security is referred to the Immigration Division and the permanent resident or the foreign national who is the subject of the report is not detained, an officer shall also impose the prescribed conditions on the person.

• Marginal note:Duration of conditions

  (5) The prescribed conditions imposed under subsection (4) cease to apply only when

  • (a) the person is detained;

  • (b) the report on inadmissibility on grounds of security is withdrawn;

  • (c) a final determination is made not to make a removal order against the person for inadmissibility on grounds of security;

  • (d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or

  • (e) a removal order is enforced against the person in accordance with the regulations.

Admissibility Hearing by the Immigration Division

Marginal note:Decision

45 The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions:

• (a) recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship Act, a person registered as an Indian under the Indian Act or a permanent resident;

• (b) grant permanent resident status or temporary resident status to a foreign national if it is satisfied that the foreign national meets the requirements of this Act;

• (c) authorize a permanent resident or a foreign national, with or without conditions, to enter Canada for further examination; or

• (d) make the applicable removal order against a foreign national who has not been authorized to enter Canada, if it is not satisfied that the foreign national is not inadmissible, or against a foreign national who has been authorized to enter Canada or a permanent resident, if it is satisfied that the foreign national or the permanent resident is inadmissible.

Loss of Status

Marginal note:Permanent resident

• 46 (1) A person loses permanent resident status

  • (a) when they become a Canadian citizen;

  • (b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;

  • (c) when a removal order made against them comes into force;

  • (c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d);

  • (d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or

  • (e) on approval by an officer of their application to renounce their permanent resident status.

• Marginal note:Effect of renunciation

  (1.1) A person who loses their permanent resident status under paragraph (1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce their permanent resident status at a port of entry or are not physically present in Canada on the day on which their application is approved.

• Marginal note:Effect of ceasing to be citizen

  (2) A person becomes a permanent resident if he or she ceases to be a citizen under

  • (a) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, other than in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force;

  • (b) subsection 10(1) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act; or

  • (c) subsection 10.1(3) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act.