Gavin Howe
Canada has had immigration laws and regulations governing the admission of immigrants since 1869. The country has a long-standing tradition of welcoming newcomers and helping vulnerable people. Canada's immigration and refugee law concerns the admission of foreign nationals into the country, their rights and responsibilities, and the conditions of their removal. The primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA). The country sets targets for the number of immigrants allowed into the country through the Immigration Levels Plan, which is introduced each year.
| Characteristics | Values |
|---|---|
| Immigration laws | Canada has had laws and regulations governing the admission of immigrants since 1869 |
| Immigration Act of 1869 | Focused on ensuring the safety of immigrants and protecting them from exploitation |
| Immigration policy | Overt discrimination was a part of the policy until the latter half of the 20th century when skill and education became the main criteria |
| Immigration Levels Plan | Includes targets for permanent and temporary residents, such as international students and foreign workers |
| Immigration and refugee law | The primary law is the Immigration and Refugee Protection Act (IRPA), which aims for economic growth, family reunification, and compliance with humanitarian treaties |
| Screening process | Immigrants are screened to ensure they are in good health, have no serious criminal history, and don't pose a security risk |
| Settlement services | The Government of Canada funds over 550 settlement service organizations to help immigrants adapt to life in Canada |
| Multiculturalism | The Canadian Multiculturalism Act of 1988 recognizes diversity as an integral part of Canada's identity |
| Public perception | Positive sentiments towards immigration have changed in recent years due to concerns about uncontrolled migration, housing shortages, and social services |
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What You'll Learn
Canada's immigration laws and history of inclusion and exclusion
Canada has regulated immigration since 1869, with laws and policies that reflect the country's changing beliefs and history of inclusion and exclusion. The Immigration Act of 1869 focused on ensuring the safety of immigrants and protecting them from exploitation, aligning with Prime Minister Sir John A. Macdonald's vision of encouraging settlement in the West. However, this open-door approach gradually shifted towards more restrictive measures, revealing elements of discrimination and exclusion in Canadian immigration policy.
Canada's immigration history has been marked by instances of both inclusion and exclusion. On the one hand, the country has promoted cultural diversity as a key component of its identity, officially adopting multiculturalism in 1971. Immigration legislation has evolved to reflect changing social, political, and economic climates, and Canada continues to set targets for immigrant intake, recognising the importance of immigration for its economy and society. The government funds settlement services to help immigrants integrate and succeed, contributing to the country's economy, culture, and society.
On the other hand, Canada's immigration policies have also been shaped by discrimination based on race, desirability, and integration. The Chinese Immigration Act of 1885 was the first legislation to explicitly exclude immigrants based on their ethnic origin, imposing a significant duty on Chinese individuals seeking entry. This act was motivated by prejudices and stereotypes targeting the Chinese community. Similarly, the policy regarding the admission of "coloured" people in the first half of the twentieth century aimed to exclude them entirely or minimise their entry as much as possible.
Canada's history also includes the exclusion of Jewish immigrants from the 1920s until after World War II, the refusal of entry to most Indian passengers aboard the Komagata Maru in 1914, and the exclusion of Black Oklahoman farmers in 1910. These examples demonstrate a history of discrimination and exclusion in Canadian immigration policy, often driven by societal beliefs and prejudices.
While Canada's immigration laws and policies have evolved over time, the country continues to navigate the complexities of inclusion and exclusion in shaping its immigration landscape. The balance between controlling and shaping immigration while promoting diversity and inclusion remains a key aspect of Canada's immigration narrative.
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The Immigration and Refugee Protection Act (IRPA)
Canada has regulated immigration since 1869, and its laws have been shaped by the social, political, and economic climate, as well as race, desirability, and integration. The Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada that replaced the Immigration Act of 1976 in 2002 as the primary federal legislation regulating immigration to Canada. IRPA is administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). The "Immigration and Refugee Protection Regulations" (IRPR) specify how the provisions of IRPA are to be applied.
The Act created a high-level framework detailing the goals and guidelines set by the Canadian government regarding immigration to Canada by foreign residents. Canada sets targets for the number of immigrants allowed into the country through the Immigration Levels Plan, which is introduced each year. The public, Indigenous Peoples, newcomers, provinces, territories, other government departments, and businesses and organizations that work with immigrants have an opportunity to provide input on the targets before they are finalized. For instance, in 2025, Canada aims to welcome 395,000 permanent residents, followed by 380,000 in 2026 and 365,000 in 2027.
Canada thoroughly screens immigrants before their arrival to ensure they are in good health, have no serious criminal history, and do not pose a security risk. Only candidates with the highest scores are invited to apply to immigrate, and settlement services are provided to ensure newcomers' successful integration into Canadian society, culture, and the economy. The government funds over 550 settlement service organizations across Canada, and additional support is provided for government-assisted and privately sponsored refugees during their first year in Canada.
The Immigration and Refugee Board of Canada (IRB) is an independent tribunal responsible for making fair and timely decisions on immigration and refugee matters, adhering to the law. In the 2007 case of Charkaoui v. Canada, certain aspects of the scheme within the Act regarding the detention of permanent residents and foreign nationals on national security grounds were found to violate the Canadian Charter of Rights and Freedoms.
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Canada's plan for immigration
Canada has regulated immigration since 1869, and its immigration laws have been shaped by the social, political, and economic climate, as well as race, desirability, and integration. The country's first immigration policy, the Immigration Act of 1869, focused on ensuring the safety of immigrants during their passage to Canada and protecting them from exploitation upon arrival. While overt discrimination remained a part of Canadian immigration policy until the latter half of the twentieth century, skill and education gradually became the main criteria for determining entrance into the country.
Canada's immigration plan for 2024-2026, tabled in Parliament on November 1, 2023, projects stabilized levels in permanent resident admissions with targets of 485,000 in 2024, 500,000 in 2025, and 500,000 in 2026. The plan focuses on attracting skilled workers who will contribute to the country's economy, while also recognizing the importance of family reunification and helping the world's most vulnerable populations through refugee resettlement.
Canada's immigration plan is developed in consultation with provinces and territories, including Quebec, which has full responsibility for selecting immigrants destined for the province under the Canada-Quebec Accord. The plan includes new annual and progressively increasing French-speaking permanent resident targets outside Quebec: 6% in 2024, 7% in 2025, and 8% in 2026. The government of Canada funds settlement services to help immigrants succeed and contribute to the economy, culture, and society. These services include more than 550 settlement service organizations across the country, providing support with finding shelter, food, and other essentials.
Canada has been increasing its immigration levels since the late 1980s to address its aging population and resulting labour force shortages. The country now depends on immigration for the majority of its population and labour force growth and a large share of its economic growth. Canada has regularly welcomed over 200,000 immigrants per year since 1988, and its immigration rate now stands at nearly 1.2%.
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Screening immigrants before arrival
Canada has had laws and regulations governing the admission of immigrants since 1869. The country sets targets for the number of immigrants allowed into the country through the Immigration Levels Plan, which is introduced annually. The Canadian government also funds services to help immigrants settle in their communities, with over 550 settlement service organizations across the country.
Before immigrants arrive in Canada, they are thoroughly screened to ensure they are in good health, have not committed serious crimes, and do not pose a security risk. This screening process is designed to protect the health and safety of Canadians, which is the government's top priority.
In addition to the screening process, Canada offers pre-arrival services to help immigrants prepare for their new life in the country. These services are diverse and high-quality, providing reliable and precise information about settlement and employment. The Planning for Canada Program, for example, gives immigrants a realistic picture of what life in Canada is like and helps them create a to-do list for when they first arrive.
Canada's immigration laws have evolved over time, influenced by shifting social, political, and economic climates, as well as beliefs about race, desirability, and integration. While elements of discrimination were once prominent in Canadian immigration policy, skill and education became the primary criteria for determining entrance in the latter half of the 20th century. The cultural diversity of immigrants is now promoted as a key component of Canadian identity.
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Canada's immigration system and public perception
Canada has had laws and regulations governing the admission of immigrants since 1869. The country's immigration policies have evolved over time, influenced by shifting social, political, and economic factors, as well as attitudes towards race, desirability, and integration. While elements of discrimination were once prominent in Canadian immigration policy, the country has since embraced multiculturalism as a core value, with cultural diversity promoted as a key component of Canadian identity.
Canada's immigration system is comparatively open and well-regulated, and the country remains a top destination for immigrants and refugees. The Canadian government sets annual targets for immigration, with plans to welcome 395,000 permanent residents in 2025, 380,000 in 2026, and 365,000 in 2027. These targets are informed by input from the public, Indigenous Peoples, newcomers, provinces, territories, government departments, and businesses.
Canada's immigration policies have generally been viewed positively by Canadians, who see immigration as contributing to the country's economy, culture, and society. However, public support for immigration has shown signs of slipping, particularly during the COVID-19 pandemic and as migration levels have increased, leading to concerns about affordability and infrastructure strain. Some critics argue that Canada lacks the infrastructure and public services to accommodate large numbers of immigrants and temporary residents, particularly in major cities like Toronto.
To address these concerns, the Canadian government has introduced initiatives like the 'Express Entry' system in 2015, which streamlined the application process for economic immigrants. The government also funds over 550 settlement service organizations across Canada to help immigrants adapt to life in the country. Despite these efforts, some researchers caution that negative trends in attitudes toward immigration could have implications for social cohesion in Canada.
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Frequently asked questions
Yes, Canada has regulated immigration since 1869, and laws have been shaped by the social, political, and economic climate, as well as race, desirability, and integration. The primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA).
The goals of the IRPA include economic growth, family reunification, and compliance with humanitarian treaties.
Canada sets targets for the number of immigrants allowed into the country through the Immigration Levels Plan, which is introduced each year. The main considerations are the health and safety of Canadians, and ensuring that immigrants can contribute positively to the economy, culture, and society.
