What Is Canada’s Immigration and Refugee Protection Act?

In 2001, Canadian Parliament enacted legislation that would act as the country’s central policy on immigration. The Immigration and Refugee Protection Act (IRPA) was put in place to allow Canada to maximize the social, cultural, and economic benefits that come with immigration. The Act is intended to help enrich Canadian culture while protecting the health and safety of Canadians. Additionally, IRPA was established to help facilitate the entry of visitors, students, and temporary workers as well as to promote international justice and security through the fostering of respect for human rights. All of these objectives are stated right up front in the IRPA.

The Immigration and Refugee Protection Act

Canadian Parliament passed the Immigration and Refugee Protection Act (IRPA) in 2001, replacing the Immigration Act of 1976 as the central federal legislation regulating immigration to Canada. IRPA was effective as of June 28, 2002. It covers a wide range of the foundational immigration issues the Canadian Parliament wished to address. It is the framework of immigration to Canada. IRPA not only sets forth Canada’s central immigration policies but also outlines its procedures and processes. IRPA provisions are administered by both the Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA). Additionally, the Minister of Citizenship and Immigration is tasked with the administration of IRPA and the Minister of Public Safety and Emergency Preparedness handles the administration of IRPA as it relates to things such as:

  • Port of entry examinations
  • Act enforcement such as arrests, detentions, and removals
  • Establishing policies in order to effectively enforce the act
  • Evaluation of inadmissibility based on security threats, organized crime, or violation of human or international rights

Specific provisions of the Act include descriptions of the major classes of foreign nationals as well as clearly stated, residency requirements for permanent residents. There is also a refugee program established by the Act that incorporates protection for refugees based on the Geneva Convention and the Convention Against Torture. The program also seeks to make the process of determining refugee status more efficient through the use of single-member panels. It also established a Refugee Appeal Division within the Immigration and Refugee Board to strengthen fairness and consistency in the decision-making process.

The IRPA also established more stringent ineligibility provisions regarding serious criminals and security threats seeking to enter Canada. The Act also outlines penalties for those found to be providing assistance in obtaining immigration status through fraud or misrepresentation.

Immigration to Canada Attorneys

If you are seeking entrance into Canada, you need an attorney that has a thorough understanding of Canadian immigration policy. You can find this at Nachman, Phulwani, Zimovcak Law Group, P.C. We have extensive experience with Canadian immigration and we will help you gain entrance into the country. Our history of client satisfaction shows that you can count on us for all of your immigration-related needs. Contact us today.