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CANADIAN IMMIGRATION LAWS

Canadian Immigration Laws

The laws of Canada regarding immigration are passed by the federal parliament in Ottawa.  There are also regulations passed under the legislation.  The primary legislation for Canadian immigration is called the Immigration and Refugee Protection Act (SC 2001, c 27).

Here is a partial listing of the major sections from the table of contents of that Act.  Your immigration lawyer will be familiar with all this legislation.  Keep in mind that there are thousands of sections in the legislation and it runs on for hundreds of pages.  It is extremely complex.  Non-lawyers will not have the training or expertise that real immigration lawyer does.

Table of Contents to the  Immigration and Refugee Protection Act of Canada

SHORT TITLE
INTERPRETATION
OBJECTIVES AND APPLICATION
ENABLING AUTHORITY
AGREEMENTS
PART 1 — IMMIGRATION TO CANADA
PART 2 — REFUGEE PROTECTION
PART 3 — ENFORCEMENT
PART 4 — IMMIGRATION AND REFUGEE BOARD
PART 5 — TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEALS AND COMING INTO FORCE.
SCHEDULE

Each Part is further divided into sections, called “Divisions”.  For example, the  “Immigration To Canada” part has 10 Divisions.  Here they are:

PART 1 — IMMIGRATION TO CANADA

Division 0.1 — Invitation to Make an Application
Division 1 — Requirements and Selection [11. – 14.1]
Division 2 — Examination [15. – 17.]
Division 3 — Entering and Remaining in Canada [18. – 32.]
Division 4 — Inadmissibility [33. – 43.]
Division 5 — Loss of Status and Removal [44. – 53.]
Division 6 — Detention and Release [54. – 61.]
Division 7 — Right of Appeal [62. – 71.]
Division 8 — Judicial Review [72. – 75.]
Division 9 — Certificates and Protection of Information [76. – 87.2]
Division 10 — General Provisions [87.3 – 94.]

Then within each division there are many sections and subsections and definitions and allowances for appeals and for the making of regulations.  For example, here are just a few of the sections that exist under Division 1:

11.(1)Application before entering Canada
11.(1.01)Electronic travel authorization
11.(1.1)Restriction
11.(1.2)Suspension of application
11.(1.3)Refusal to consider application
11.(2)If sponsor does not meet requirements
11.1Biometric information
11.2Visa or other document not to be issued
12.(1)Family reunification
12.(2)Economic immigration
12.(3)Refugees
13.(1)Sponsorship of foreign nationals
13.(2) and (3)[Repealed]
13.(4)Instructions of Minister
13.1Undertaking binding
13.2(1)Undertaking required
13.2(2)Minister’s instructions
14.(1)Regulations
14.(2)Regulations
14.(3)Electronic travel authorization
14.(4)Biometric information
14.(5)Applications to be made electronically
14.1(1)Economic immigration
14.1(2)Limitation
14.1(3)Application of regulations
14.1(4)Exception
14.1(5)Non-application of regulations
14.1(6)Non-application of instructions
14.1(7)Compliance with instructions
14.1(8)Amendments to instructions
14.1(9)Effective period — limitation
14.1(10)Pending applications
14.1(12)Publication

That’s just one division – and there are 10 divisions, many of which are much longer than this first division.

Canadian Immigration Laws

Then there are Regulations passed under the Act.  Here is a list of just some of the Regulations that have been passed under the Immigration and Refugee Protection Act.

Rules and Regulations Under the Canadian Immigration and Refugee Protection Act

  • Adjudication Division Rules
  • Federal Courts Citizenship, Immigration and Refugee Protection Rules
  • Immigration and Refugee Protection Regulations
  • Protection of Passenger Information Regulations
  • Immigration Appeal Division Rules
  • Immigration Division Rules
  • Ministerial Responsibilities under the Immigration and Refugee Protection Act Order
  • Oath or Solemn Affirmation of Office Rules (Immigration and Refugee Board)
  • Refugee Appeal Division Rules
  • Refugee Protection Division Rules

Again, these laws, rules and regulations are highly complex and interconnected.  These are just some of the laws passed by the Canadian federal government concerning immigration.  In addition each of the provinces has their own laws and regulations regarding immigration, which further complicates the matter.

Your Edmonton immigration lawyer is the one best suited to coming up with understanding how all these laws work and coming up with winning solutions.