Kara Sears
Canada has laws and regulations governing the admission of immigrants since 1869, two years after gaining independence from the United Kingdom in 1867. The Immigration and Refugee Protection Act (IRPA) is the primary statute regarding immigration and refugee law in Canada. It was first introduced in 2002 to replace the former Immigration Act of 1976. The IRPA has been amended several times, with the most recent amendment occurring in August 2024. Canada's immigration policy is comparatively open and well-regulated, making it a top destination for immigrants and refugees. The country has built a reputation for welcoming immigrants and valuing multiculturalism. However, recent immigration bills, such as the Strong Borders Act, have proposed sweeping changes to immigration policy, sparking backlash and concerns about privacy and refugee protections.
| Characteristics | Values |
|---|---|
| Primary statute regarding immigration and refugee law in Canada | Immigration and Refugee Protection Act (IRPA) |
| Accompanied by | Immigration and Refugee Protection Regulations and Protection of Passenger Information Regulations |
| First introduced | 2002 |
| Replaced | Immigration Act of 1976 |
| Goals | Economic growth, family reunification, and compliance with humanitarian treaties |
| Immigration Regulations | Order-in-Council PC 1962-86 (1962) |
| Immigration Regulations eliminated | Overt racial discrimination from Canadian immigration policy |
| White Paper on Immigration | Policy document commissioned by the federal government to review immigration legislation and make recommendations on its restructuring |
| Immigration Regulations | Order-in-Council PC 1967-1616 (1967) |
| Immigration Regulations established | New standards for evaluating potential immigrants, through a point-based system |
| Immigration Act, 1919 | Amendment to the 1910 Immigration Act, providing more restrictive regulations in response to the postwar economic downturn, labour unrest, and increasing anti-foreign sentiment |
| Immigration Act, 1976 | First immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels |
| New immigration bill | The Strong Borders Act |
| New immigration bill proposes | Sweeping changes in policy, including giving more power to police to control and monitor the U.S. border |
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What You'll Learn
Immigration and Refugee Protection Act (IRPA)
Canada's immigration policy is often regarded as a model for other countries, and the country has built a reputation over the last half-century for welcoming immigrants and valuing multiculturalism. Foreign-born people make up almost one-quarter of Canada's population, the largest share in more than 150 years.
The primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA). The IRPA was first introduced in 2002, replacing the former Immigration Act of 1976. The act brought about several changes, including broader discretion for immigration officers when evaluating applications. The IRPA's goals include economic growth, family reunification, and compliance with humanitarian treaties.
The IRPA created four new classes of immigrants who could enter Canada: refugees, families, assisted relatives, and independent immigrants. While independent immigrants are required to take part in a points system, other classes are exempt as long as they pass basic criminal, security, and health checks. The act also established alternatives to deportation for less serious offences, as deportation results in the immigrant being barred from entering Canada.
The IRPA is accompanied by the Immigration and Refugee Protection Regulations and Protection of Passenger Information Regulations. Other relevant legislation includes the Citizenship Act and certain immigration and refugee-related provisions of the Criminal Code.
Canada's new immigration bill, The Strong Borders Act, has caused some controversy. It proposes a shift in how the government interacts with the U.S.-Canada border, including expanding the Canadian Coast Guard's authority to conduct security patrols and restricting asylum access. The bill has been criticised for attempting to restrict refugee protections and allowing for mass deportations and immigration exclusion.
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The Strong Borders Act
Canada has long been a top destination for immigrants and refugees, with foreign-born people making up almost one-quarter of its population. The Immigration and Refugee Protection Act (IRPA) is the primary statute regarding immigration and refugee law in Canada. The IRPA came into effect in 2002, replacing the former Immigration Act of 1976.
However, Canada's new immigration bill, The Strong Borders Act, proposes a significant shift in immigration policy. Here are the key details of The Strong Borders Act:
Expanding Security Measures
The Act expands the authority of the Canadian Coast Guard to conduct security patrols and share intelligence with law enforcement and the United States. It also enhances the ability of Canadian intelligence agencies to collaborate with their American counterparts. These measures aim to strengthen border security and combat transnational organized crime.
Restricting Asylum and Refugee Access
Addressing Fentanyl Trafficking
The bill aims to curb the flow of illegal fentanyl into Canada, often associated with organized crime groups. It grants Canada Post's inspection authority the power to open and inspect mail during investigations, removing barriers for law enforcement.
Enhancing Border Control
Privacy and Appeals Concerns
Critics of The Strong Borders Act have raised concerns about citizens' privacy, particularly regarding mail inspection. There are also worries about the lack of apparent appeals processes in the bill, which could lead to potential abuses of power.
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Sanctuary-city and access without fear policies
Canada has laws and regulations governing the admission of immigrants since 1869, two years after gaining independence from the United Kingdom. The Immigration and Refugee Protection Act (IRPA) is the primary statute regarding immigration and refugee law in Canada. The IRPA was introduced in 2002 and replaced the former Immigration Act of 1976. The act focuses on who should be allowed into Canada, rather than on who should be kept out.
Several Canadian cities have sanctuary-city and "access without fear" policies that limit police cooperation with immigration authorities and guarantee undocumented people public services. Toronto, Montreal, Vancouver, and Hamilton have declared themselves "sanctuary cities". Kitchener, Ontario, adopted an "access without fear" policy in April 2022, committing to supporting non-status migrants.
The term sanctuary city generally refers to a jurisdiction, often a city or county, that limits its cooperation with national immigration authorities. Sanctuary policies are shaped by local political coalitions and demographic factors rather than crime rates. Proponents argue that these policies foster trust within immigrant communities, while opponents claim that they undermine the rule of law and pose a threat to national security.
Sanctuary-city policies in Canada aim to alleviate the harms caused by federal immigration enforcement and ensure migrant access to municipal services. These policies are often inspired by the US model and the logics of sanctuary and hospitality rooted in faith traditions. However, the implementation of these policies has been limited due to resistance from city officials and police.
Canada has a well-regulated immigration system and is a top destination for immigrants and refugees. Foreign-born people make up almost one-quarter of the country's population. Immigration has significantly shaped Canadian society and culture, and the country has built a reputation for welcoming immigrants and valuing multiculturalism.
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Removal of undocumented workers
Canada has an open and well-regulated immigration system, and foreign-born people make up almost one-quarter of its population. The country has laws and regulations governing the admission of immigrants since 1869, two years after gaining independence from the United Kingdom.
The primary law that deals with the admission of foreign nationals into Canada, their rights, responsibilities, and the conditions of their removal is the Immigration and Refugee Protection Act (IRPA). This act replaced the 1976 Immigration Act in 2002 and is accompanied by the Immigration and Refugee Protection Regulations and the Protection of Passenger Information Regulations. The IRPA provides broader discretion for immigration officers when evaluating applications.
The removal of undocumented workers is a complex issue in Canada, with no accurate figures representing the number of undocumented immigrants in the country. Estimates suggest the population could be as high as 500,000 people, contributing to an underground workforce. Most undocumented migrants fall out of status when they cannot meet eligibility criteria for existing immigration programs after lawfully entering Canada and overstaying their authorized period of stay. A small portion is thought to have unlawfully entered or been trafficked or smuggled into the country.
Undocumented workers face a constant fear of deportation, lack of access to healthcare, and few protections from labour abuses and exploitation. Their marginalization and lack of status make them vulnerable to exploitation, and they often face weaker health and social outcomes. They are unlikely to report abuse to authorities due to their fear of deportation.
The Canadian government has implemented some measures to address the issue of undocumented workers, such as the Out of Status Construction Workers public policy, which aims to provide status for construction workers and their family members. Additionally, the Guardian Angels public policy provided a pathway to permanent residence for asylum claimants working in Canada's healthcare sector during the COVID-19 pandemic. However, there is no comprehensive plan to address the status of all undocumented people in the country.
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Refugee resettlement
Canada is a global leader in refugee resettlement, with a comparatively open and well-regulated immigration system. The country has built a reputation over the last half-century for welcoming immigrants and valuing multiculturalism. Foreign-born people make up almost one-quarter of Canada's population, the largest share in over 150 years.
Canada's current refugee resettlement system is rooted in the country's 1976 Immigration Act, which created distinct legal pathways for refugee resettlement. The 1976 Act was replaced by the Immigration and Refugee Protection Act (IRPA) in 2002, which is the primary statute regarding immigration and refugee law in Canada. The IRPA introduced broader discretion for immigration officers when evaluating applications and gave more power to the provinces to set their own immigration laws. The Act also defined four classes of immigrants who could enter Canada: refugees, families, assisted relatives, and independent immigrants.
Canada has three programs for refugee resettlement: the Government Assisted Refugee (GAR) program, the Private Sponsorship of Refugees (PSR) program, and the Blended Visa-Office Referred (BVOR) program. The PSR and BVOR programs involve small groups of Canadians sponsoring refugees for resettlement. Since 2013, more refugees have arrived in Canada via private sponsorship than through government support. Canada has the world's longest-standing private sponsorship program, which has become a model for other countries.
Canada's commitment to refugee resettlement has been demonstrated in recent years, with the country resettling more refugees than any other nation in 2018 and 2019. Since the late 1970s, over 770,000 refugees have been resettled in Canada. However, there are concerns about the strain that immigration places on housing and social services.
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Frequently asked questions
The Immigration and Refugee Protection Act (IRPA) is the primary statute regarding immigration and refugee law in Canada.
The goals of the IRPA include economic growth, family reunification, and compliance with humanitarian treaties.
Canada has had laws and regulations governing the admission of immigrants since 1869. Other relevant legislation includes the Citizenship Act and certain immigration and refugee-related provisions of the Criminal Code.
Canadian immigration law has evolved significantly since the 19th century. Early policies often prevented or discouraged immigration by select groups, including non-Europeans, non-Christians, and people with disabilities. The Immigration Act of 1976 was a major milestone, as it clearly outlined the objectives of Canadian immigration policy and defined refugees as a distinct class of immigrants. The IRPA replaced the 1976 Act in 2002, providing broader discretion to immigration officers when evaluating applications.
Canada is known for its comparatively open and well-regulated immigration system, and foreign-born people make up about one-quarter of its population. The country has a reputation for welcoming immigrants and valuing multiculturalism. However, there are ongoing debates and concerns about the potential strain on housing and social services, as well as the recent introduction of the Strong Borders Act, which seeks to restrict asylum access and expand security measures at the US-Canada border.
