Governing Legislation and Resources for Immigration Law (18:III) - Revision history

LSLAP at 19:35, 13 October 2025

2025-10-13T19:35:29Z

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	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

LSLAP: /* A. Main Sources of Immigration Law */

2025-09-29T15:07:07Z

A. Main Sources of Immigration Law

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	*[https://laws.justice.gc.ca/eng/acts/i-2.5/ ''Immigration and Refugee Protection Act''], RSC 2001, c 27 [''IRPA'']		*[https://laws.justice.gc.ca/eng/acts/i-2.5/ ''Immigration and Refugee Protection Act''], RSC 2001, c 27 [''IRPA'']
	*[https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ ''Immigration and Refugee Protection Regulations'', SOR/2002-227 [''IRP Regulations'']		*[https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ ''Immigration and Refugee Protection Regulations]'', SOR/2002-227 [''IRP Regulations'']
	*[http://www.cic.gc.ca/english/resources/manuals/index.asp '''''Operational Bulletins and Manuals''''']		*[http://www.cic.gc.ca/english/resources/manuals/index.asp '''''Operational Bulletins and Manuals''''']

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	=== 3. Ministerial Instructions ===		=== 3. Ministerial Instructions ===

	Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.		Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.

	== B. Resources for Immigration Law ==		== B. Resources for Immigration Law ==

LSLAP at 21:42, 18 September 2025

2025-09-18T21:42:17Z

← Older revision		Revision as of 21:42, 18 September 2025
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	== A. Main Sources of Immigration Law ==		== A. Main Sources of Immigration Law ==

	Immigration is a very dynamic area of law that changes frequently. It is imperative to refer to the following sources for the most up-to-date information:		Immigration is a very dynamic area of law that changes frequently. It is imperative to refer to the following sources for the most up-to-date information:

	* [~~http~~://laws.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act, RSC 2001, c 27 ["''IRPA''~~"<nowiki>]</nowiki>~~]		*[https://laws.justice.gc.ca/eng/acts/i-2.5/ ''Immigration and Refugee Protection Act''], RSC 2001, c 27 [''IRPA'']
	* [~~http~~://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ Immigration and Refugee ~~Protections~~ Regulations, SOR/2002-227 ["''IRP Regulations''~~"<nowiki>]</nowiki>~~]		*[https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ ''Immigration and Refugee Protection Regulations'', SOR/2002-227 [''IRP Regulations'']
	* [http://www.cic.gc.ca/~~English~~/resources/manuals/index.asp Operational Bulletins and Manuals]		*[http://www.cic.gc.ca/english/resources/manuals/index.asp '''''Operational Bulletins and Manuals''''']

	There are five general sources of immigration law and policy: the IRPA, the IRP Regulations, the Operational Bulletins and Manuals, Ministerial Instructions and case law. ~~[http://laws-lois.justice.gc.ca/eng/const/page-15.html~~ The ''Canadian Charter of Rights and Freedoms''] (Part 1 of the Constitution Act, 1982) applies to immigration matters; the ''IRPA'' and ''IRP Regulations'' must be consistent with ~~the ''~~Charter'' provisions.		There are five general sources of immigration law and policy: the ''IRPA'', the ''IRP Regulations'', the Operational Bulletins and Manuals, Ministerial Instructions and case law. The ''Canadian Charter of Rights and Freedoms'' (Part I of the ''Constitution Act'', 1982) applies to immigration matters; the IRPA and IRP Regulations must be consistent with Charter provisions.

	=== 1. The Immigration and Refugee Protection Act and Regulations ===		=== 1. The Immigration and Refugee Protection Act and Regulations ===

	The Immigration and Refugee Protection Act, RSC 2001, c 27 (“''IRPA''”) is the primary source of immigration law and should be referenced first. However, the ''IRPA'' is “framework” legislation, i.e. the provisions are general and principled. The ''Immigration and Refugee Protection Regulations'', SOR/2002-227 (“''IRP Regulations''”) are more detailed than the ''IRPA'' and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the ''IRPA'' and the ''IRP Regulations''. The ''IRPA'' is a federal statute, and immigration related cases generally proceed before the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The Immigration and Refugee Board (consisting of four separate divisions) has jurisdiction to hear certain immigration matters.		The ''Immigration and Refugee Protection Act'', RSC 2001, c 27 (''IRPA'') is the primary source of immigration law and should be referenced first. However, the ''IRPA'' is “framework” legislation, i.e. the provisions are general and principled. The ''Immigration and Refugee Protection Regulations'', SOR/2002-227 (''IRP Regulations'') are more detailed than the ''IRPA'' and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the ''IRPA'' and the ''IRP Regulations''. The ''IRPA'' is a federal statute, and immigration related cases generally proceed before the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The Immigration and Refugee Board (consisting of four separate divisions) has jurisdiction to hear certain immigration matters.

	The ''IRPA'' came into force on June 28, 2002, replacing the former ''Immigration Act of Canada'', 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the ''IRPA'' and Part 20 of the ''IRP Regulations'' for the transitional provisions if you may be subject to the former ''Immigration Act''.		The ''IRPA'' came into force on June 28, 2002, replacing the former ''Immigration Act of Canada'', 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the ''IRPA'' and Part 20 of the ''IRP Regulations'' for the transitional provisions if you may be subject to the former ''Immigration Act''.

	:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the ''IRPA'' and ''IRP Regulations'', and to check the IRCC website for policy changes.		:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the ''IRPA'' and ''IRP Regulations'', and to check the IRCC website for policy changes.
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	=== 2. Operational Manuals and Bulletins ===		=== 2. Operational Manuals and Bulletins ===

	Much of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of IRCC. IRCC is a large spatially distributed administrative bureaucracy. IRCC “officers” make decisions on written applications without significant applicant input and often without any opportunity to clarify evidence. It is vital that applications contain all the evidence required for the status being sought.		Much of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of IRCC. IRCC is a large spatially distributed administrative bureaucracy. IRCC “officers” make decisions on written applications without significant applicant input and often without any opportunity to clarify evidence. It is vital that applications contain all the evidence required for the status being sought. Interpretations of the law through the policy of IRCC is publicly available through IRCC’s Operational Instructions and Guidelines.
	Interpretations of the law through the policy of IRCC is publicly available through ~~IRCC's [http://www.cic.gc.ca/english/resources/manuals/index.asp~~ IRCC’s Operational ~~Manuals]~~ and ~~Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page)~~.

	Operational ~~Manuals~~ are drafted by IRCC and provide details on the interpretation of the ''IRPA'' and ''IRP Regulations''. Immigration Officers and Visa Officers usually consider themselves bound to ~~the Manuals~~ when determining a case. ~~Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.~~		Operational Instructions and Guidelines are drafted by IRCC and provide details on the interpretation of the ''IRPA'' and ''IRP Regulations''. Immigration Officers and Visa Officers usually consider themselves bound to these policy guidelines when determining a case.

	:'''NOTE:''' ~~The Manuals~~ and ~~Operational Bulletins~~ do not have the force of law and must be consistent with the ''IRPA'' and the ''IRP Regulations''. Cases that do not fit the factors listed in the ~~Manuals~~ and ~~Operational Bulletins~~ may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow ~~appeals~~ and review options available. It is essential that applicants try to ~~confirm~~ to the policy requirements as much as possible.		:'''NOTE:''' Operational Instructions and Guidelines do not have the force of law and must be consistent with the ''IRPA'' and the ''IRP Regulations''. Cases that do not fit the factors listed in the Operational Instructions and Guidelines may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeal and review options available. It is essential that applicants try to conform to the policy requirements as much as possible.

	=== 3. Ministerial Instructions ===		=== 3. Ministerial Instructions ===

	Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.		Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.

	== B. Resources for Immigration Law ==		== B. Resources for Immigration Law ==

	[~~http~~://www.~~cic~~.gc.ca Immigration, Refugees and Citizenship Canada (~~“IRCC”~~)]		[https://www.canada.ca/en/services/immigration-citizenship.html Immigration, Refugees and Citizenship Canada (IRCC)]

	* Canadian immigration law changes constantly and sometimes unpredictably. To ensure that you are using the most up-to-date forms, policies and procedures, it is important to check the IRCC website. On the website, you will find information, downloadable forms, and links to the ''IRPA'', ''IRP Regulations'', and Policy Manuals. Operational Bulletins and Manuals published by IRCC are available online under the Publications heading (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications~~-manuals/operational-bulletins~~-manuals.html). Operational Bulletins and Manuals explain the policies and procedures used by immigration officials to interpret the ''IRPA''.		*Canadian immigration law changes constantly and sometimes unpredictably. To ensure that you are using the most up-to-date forms, policies and procedures, it is important to check the IRCC website. On the website, you will find information, downloadable forms, and links to the ''IRPA'', ''IRP Regulations'', and Policy Manuals. Operational Bulletins and Manuals published by IRCC are available online under the Publications heading: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals.html. Operational Bulletins and Manuals explain the policies and procedures used by immigration officials to interpret the ''IRPA''.
			*For the latest updates on Immigration, Refugees and Citizenship Canada, a newsroom is available at: https://www.canada.ca/en/immigration-refugees-citizenship/news.html
			*Operational Instructions and Guidelines are available at: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html

	* For the latest updates on Immigration, Refugees and Citizenship Canada, a newsroom is available [https://www.~~canada.ca/en/immigration~~-~~refugees-citizenship/news~~.~~html here].~~		[https://www.irb-cisr.gc.ca/Pages/splash.aspx Immigration and Refugee Board (IRB)]

	* Updates on the Operation Manuals and Bulletins are available [https://www.canada.ca/en/~~immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates~~.~~html here].~~

	~~[http://www.irb-cisr.gc.ca~~ Immigration and Refugee Board (~~“IRB”~~)]

	H.M. Goslett & B.J. Caruso eds., ''The 2018 Annotated Immigration and Refugee Protection Act of Canada'', (Toronto: Carswell, Legal Publications). Available on reserve in the UBC Law Library.		H.M. Goslett & B.J. Caruso eds., ''The 2018 Annotated Immigration and Refugee Protection Act of Canada'', (Toronto: Carswell, Legal Publications). Available on reserve in the UBC Law Library.

Nate Russell: Nate Russell moved page Governing Legislation and Resources for Immigration Law (18:II) to Governing Legislation and Resources for Immigration Law (18:III): 2025 LSLAP revision

2025-09-10T17:27:58Z

Nate Russell moved page Governing Legislation and Resources for Immigration Law (18:II) to Governing Legislation and Resources for Immigration Law (18:III): 2025 LSLAP revision

← Older revision	Revision as of 17:27, 10 September 2025
(No difference)

LSLAP at 17:27, 7 August 2024

2024-08-07T17:27:52Z

← Older revision		Revision as of 17:27, 7 August 2024
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	{{REVIEWED LSLAP \| date= ~~July 18~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 2, 2024}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

LSLAP: /* A. Main Sources of Immigration Law */

2024-08-06T23:26:08Z

A. Main Sources of Immigration Law

← Older revision		Revision as of 23:26, 6 August 2024
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	Immigration is a very dynamic area of law that changes frequently. It is imperative to refer to the following sources for the most up-to-date information:		Immigration is a very dynamic area of law that changes frequently. It is imperative to refer to the following sources for the most up-to-date information:

	* [http://laws.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act, RSC 2001, c 27 ["IRPA"<nowiki>]</nowiki>]		* [http://laws.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act, RSC 2001, c 27 ["''IRPA''"<nowiki>]</nowiki>]
	* [http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ Immigration and Refugee Protections Regulations, SOR/2002-227 ["IRP Regulations"<nowiki>]</nowiki>]		* [http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ Immigration and Refugee Protections Regulations, SOR/2002-227 ["''IRP Regulations''"<nowiki>]</nowiki>]
	* [http://www.cic.gc.ca/English/resources/manuals/index.asp Operational Bulletins and Manuals]		* [http://www.cic.gc.ca/English/resources/manuals/index.asp Operational Bulletins and Manuals]

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	=== 3. Ministerial Instructions ===		=== 3. Ministerial Instructions ===

	Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.		Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.

	== B. Resources for Immigration Law ==		== B. Resources for Immigration Law ==

LSLAP at 01:43, 3 August 2024

2024-08-03T01:43:59Z

Clicklaw Editor: /* B. Resources for Immigration Law */

2023-09-05T19:09:25Z

B. Resources for Immigration Law

← Older revision		Revision as of 19:09, 5 September 2023
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	H.M. Goslett & B.J. Caruso eds., The 2018 Annotated Immigration and Refugee Protection Act of Canada, (Toronto: Carswell, Legal Publications). Available on reserve in the UBC Law Library.		H.M. Goslett & B.J. Caruso eds., The 2018 Annotated Immigration and Refugee Protection Act of Canada, (Toronto: Carswell, Legal Publications). Available on reserve in the UBC Law Library.

			Sharryn J. Aiken, et al. Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition. (Toronto: Emond Publishing) Available at https://emond.ca/Store/Books/Immigration-and-Refugee-Law-Cases-Materials-and

	L. Waldman, Canadian Immigration Law and Practice 2018 (LexisNexis).		L. Waldman, Canadian Immigration Law and Practice 2018 (LexisNexis).

Clicklaw Editor at 19:08, 5 September 2023

2023-09-05T19:08:05Z

LSLAP at 04:30, 23 August 2023

2023-08-23T04:30:27Z

← Older revision		Revision as of 04:30, 23 August 2023
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	{{REVIEWED LSLAP \| date= ~~July 29~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= Aug 22, 2023}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

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	=== 1. The Immigration and Refugee Protection Act and Regulations ===		=== 1. The Immigration and Refugee Protection Act and Regulations ===

	The Immigration and Refugee Protection Act is the primary source and should be referenced first. However, the IRPA is “framework” legislation, i.e. the provisions are general and principled. The IRP Regulations are more detailed than the IRPA and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the IRPA and the IRP Regulations. The IRPA is a federal statute, and cases generally ~~go to~~ the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The Immigration and Refugee Board has jurisdiction to hear certain immigration matters (consisting of four separate divisions).		The Immigration and Refugee Protection Act is the primary source of immigration law and should be referenced first. However, the IRPA is “framework” legislation, i.e. the provisions are general and principled. The IRP Regulations are more detailed than the IRPA and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the IRPA and the IRP Regulations. The IRPA is a federal statute, and immigration related cases generally proceed before the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The Immigration and Refugee Board has jurisdiction to hear certain immigration matters (consisting of four separate divisions).

	The Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”) came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”) for the transitional provisions if you may be subject to the ~~old~~ Act.		The Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”) came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”) for the transitional provisions if you may be subject to the former ''Immigration Act''.

	:'''NOTE:''' ~~The key~~ legislation in this area of law changes frequently. Make sure to check the most recent version of the IRPA and Regulations, and to check the IRCC website for policy changes.		:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the IRPA and Regulations, and to check the IRCC website for policy changes.

	=== 2. Operational Manuals and Bulletins ===		=== 2. Operational Manuals and Bulletins ===
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	Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.		Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.

	:'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances.		:'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options available, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances.

	=== 3. Ministerial Instructions ===		=== 3. Ministerial Instructions ===
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	*Canadian immigration law is changing constantly and sometimes unpredictably. To ensure that you are using the most up to date forms, policies, and procedures, it is important to always check the website of IRCC: Here you can find information, downloadable forms, and links to the IRPA, Regulations, and Policy Manuals. Operational Manuals and Bulletins published by IRCC are available online under the Publications heading (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html). They explain the policies and procedures used by immigration officials to interpret the IRPA.		*Canadian immigration law is changing constantly and sometimes unpredictably. To ensure that you are using the most up to date forms, policies, and procedures, it is important to always check the website of IRCC: Here you can find information, downloadable forms, and links to the IRPA, Regulations, and Policy Manuals. Operational Manuals and Bulletins published by IRCC are available online under the Publications heading (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html). They explain the policies and procedures used by immigration officials to interpret the IRPA.

			*For the latest updates on Immigration, Refugees and Citizenship Canada, the newsroom is available [https://www.canada.ca/en/immigration-refugees-citizenship/news.html here].

			*Updates on the Operation Manuals and Bulletins are available [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html here].

	[http://www.irb-cisr.gc.ca Immigration and Refugee Board (“IRB”)]		[http://www.irb-cisr.gc.ca Immigration and Refugee Board (“IRB”)]

← Older revision		Revision as of 01:43, 3 August 2024
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	== A. Main Sources of Immigration Law ==		== A. Main Sources of Immigration Law ==

	Immigration ~~law~~ is a very dynamic area~~, and it has undergone significant change in the recent past~~. ~~For this reason, it~~ is imperative to refer to the following sources for the most up to date information ~~about immigration law~~:		Immigration is a very dynamic area of law that changes frequently. It is imperative to refer to the following sources for the most up-to-date information:

	* [http://laws.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act, RSC 2001, c 27 ["IRPA"<nowiki>]</nowiki>]		* [http://laws.justice.gc.ca/eng/acts/i-2.5/ Immigration and Refugee Protection Act, RSC 2001, c 27 ["IRPA"<nowiki>]</nowiki>]
Line 10:		Line 10:
	* [http://www.cic.gc.ca/English/resources/manuals/index.asp Operational Bulletins and Manuals]		* [http://www.cic.gc.ca/English/resources/manuals/index.asp Operational Bulletins and Manuals]

	There are ~~six~~ general sources of immigration law and policy: the IRPA, the ''IRP Regulations~~'', the Manuals~~, the Operational Bulletins, ~~the~~ Ministerial Instructions, and case law. [http://laws-lois.justice.gc.ca/eng/const/page-15.html The Canadian Charter of Rights and Freedoms] ~~is also applicable~~ to immigration matters as the IRPA and ''IRP Regulations'' must be consistent with the ''Charter'' provisions.		There are five general sources of immigration law and policy: the IRPA, the IRP Regulations, the Operational Bulletins and Manuals, Ministerial Instructions and case law. [http://laws-lois.justice.gc.ca/eng/const/page-15.html The ''Canadian Charter of Rights and Freedoms''] (Part 1 of the Constitution Act, 1982) applies to immigration matters; the ''IRPA'' and ''IRP Regulations'' must be consistent with the ''Charter'' provisions.

	=== 1. The Immigration and Refugee Protection Act and Regulations ===		=== 1. The Immigration and Refugee Protection Act and Regulations ===

	The Immigration and Refugee Protection Act is the primary source of immigration law and should be referenced first. However, the IRPA is “framework” legislation, i.e. the provisions are general and principled. The IRP Regulations are more detailed than the IRPA and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the IRPA and the IRP Regulations. The IRPA is a federal statute, and immigration related cases generally proceed before the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The Immigration and Refugee Board has jurisdiction to hear certain immigration matters ~~(consisting of four separate divisions)~~.		The Immigration and Refugee Protection Act, RSC 2001, c 27 (“''IRPA''”) is the primary source of immigration law and should be referenced first. However, the ''IRPA'' is “framework” legislation, i.e. the provisions are general and principled. The ''Immigration and Refugee Protection Regulations'', SOR/2002-227 (“''IRP Regulations''”) are more detailed than the ''IRPA'' and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of law. Case law interprets the ''IRPA'' and the ''IRP Regulations''. The ''IRPA'' is a federal statute, and immigration related cases generally proceed before the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The Immigration and Refugee Board (consisting of four separate divisions) has jurisdiction to hear certain immigration matters.

	The ~~Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”)~~ came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the ~~Immigration and Refugee Protection~~ Regulations~~, SOR/2002-227 (“IRP Regulations”)~~ for the transitional provisions if you may be subject to the former ''Immigration Act''.		The ''IRPA'' came into force on June 28, 2002, replacing the former ''Immigration Act of Canada'', 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the ''IRPA'' and Part 20 of the ''IRP Regulations'' for the transitional provisions if you may be subject to the former ''Immigration Act''.

	:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the IRPA and Regulations, and to check the IRCC website for policy changes.		:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the ''IRPA'' and ''IRP Regulations'', and to check the IRCC website for policy changes.

	=== 2. Operational Manuals and Bulletins ===		=== 2. Operational Manuals and Bulletins ===

	~~However, much~~ of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of IRCC~~, which~~ is a large spatially distributed administrative bureaucracy. IRCC “officers” make decisions on written applications, without significant applicant input, and often without any opportunity to clarify evidence~~, and so it~~ is vital that applications contain all the evidence required for the status being sought. ~~Much~~ of the law ~~itself is interpreted~~ through the policy of IRCC~~, which~~ is publicly available through [http://www.cic.gc.ca/english/resources/manuals/index.asp IRCC’s Operational Manuals] and ~~between manuals,~~ Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page).		Much of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of IRCC. IRCC is a large spatially distributed administrative bureaucracy. IRCC “officers” make decisions on written applications without significant applicant input and often without any opportunity to clarify evidence. It is vital that applications contain all the evidence required for the status being sought.
			Interpretations of the law through the policy of IRCC is publicly available through IRCC's [http://www.cic.gc.ca/english/resources/manuals/index.asp IRCC’s Operational Manuals] and Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page).

	Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.		Operational Manuals are drafted by IRCC and provide details on the interpretation of the ''IRPA'' and ''IRP Regulations''. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.

	:'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options available~~, and so it~~ is essential that applicants try to confirm to the policy requirements as much as possible ~~in the circumstances~~.		:'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the ''IRPA'' and the ''IRP Regulations''. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options available. It is essential that applicants try to confirm to the policy requirements as much as possible.

	=== 3. Ministerial Instructions ===		=== 3. Ministerial Instructions ===
	~~The Ministerial Instructions are provided for in s~~ 87.3 of IRPA~~, and are created through Order in Council. The Ministerial Instructions drive current~~ immigration ~~policy~~. ~~The Minister uses~~ Ministerial Instructions to make fast, sweeping changes to the immigration system, ~~and so~~ it is ~~very~~ important to ensure that you are ~~working with the most~~ current information ~~on requirements~~.
			Section 87.3 of the ''IRPA'' provides the Minister with authority to issue instructions to immigration officers to support Canada’s immigration goals. Ministerial Instructions (MIs) can touch on diverse issues and are used to make fast and sweeping changes to the immigration system. As MIs drive current immigration policy, it is important to pay attention to MIs and to ensure that you are relying on current information.

	== B. Resources for Immigration Law ==		== B. Resources for Immigration Law ==
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	[http://www.cic.gc.ca Immigration, Refugees and Citizenship Canada (“IRCC”)]		[http://www.cic.gc.ca Immigration, Refugees and Citizenship Canada (“IRCC”)]

	*Canadian immigration law ~~is changing~~ constantly and sometimes unpredictably. To ensure that you are using the most up to date forms, policies, and procedures, it is important to ~~always~~ check the website ~~of IRCC:~~ ~~Here~~ you ~~can~~ find information, downloadable forms, and links to the IRPA, Regulations, and Policy Manuals. Operational Manuals ~~and Bulletins~~ published by IRCC are available online under the Publications heading (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html). ~~They~~ explain the policies and procedures used by immigration officials to interpret the IRPA.		* Canadian immigration law changes constantly and sometimes unpredictably. To ensure that you are using the most up-to-date forms, policies and procedures, it is important to check the IRCC website. On the website, you will find information, downloadable forms, and links to the ''IRPA'', ''IRP Regulations'', and Policy Manuals. Operational Bulletins and Manuals published by IRCC are available online under the Publications heading (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals.html). Operational Bulletins and Manuals explain the policies and procedures used by immigration officials to interpret the ''IRPA''.

			* For the latest updates on Immigration, Refugees and Citizenship Canada, a newsroom is available [https://www.canada.ca/en/immigration-refugees-citizenship/news.html here].

	*For the latest updates on Immigration, Refugees and Citizenship Canada, the newsroom is available [https://www.canada.ca/en/immigration-refugees-citizenship/news.html here].		* Updates on the Operation Manuals and Bulletins are available [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html here].
	*Updates on the Operation Manuals and Bulletins are available [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html here].

	[http://www.irb-cisr.gc.ca Immigration and Refugee Board (“IRB”)]		[http://www.irb-cisr.gc.ca Immigration and Refugee Board (“IRB”)]

	H.M. Goslett & B.J. Caruso eds., The 2018 Annotated Immigration and Refugee Protection Act of Canada, (Toronto: Carswell, Legal Publications). Available on reserve in the UBC Law Library.		H.M. Goslett & B.J. Caruso eds., ''The 2018 Annotated Immigration and Refugee Protection Act of Canada'', (Toronto: Carswell, Legal Publications). Available on reserve in the UBC Law Library.

	Sharryn J. Aiken, et al. Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition. (Toronto: Emond Publishing) Available at https://emond.ca/Store/Books/Immigration-and-Refugee-Law-Cases-Materials-and		Sharryn J. Aiken, et al. Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition. (Toronto: Emond Publishing) Available at https://emond.ca/Store/Books/Immigration-and-Refugee-Law-Cases-Materials-and

	L. Waldman, Canadian Immigration Law and Practice 2018 (LexisNexis).		L. Waldman, ''Canadian Immigration Law and Practice 2018'' (LexisNexis).


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	The Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”) came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”) for the transitional provisions if you may be subject to the former ''Immigration Act''.		The Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”) came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”) for the transitional provisions if you may be subject to the former ''Immigration Act''.

	:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the IRPA and Regulations, and to check the IRCC website for policy changes.		:'''NOTE:''' Key legislation in this area of law changes frequently. Make sure to check the most recent version of the IRPA and Regulations, and to check the IRCC website for policy changes.

	=== 2. Operational Manuals and Bulletins ===		=== 2. Operational Manuals and Bulletins ===
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	Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.		Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals.

	:'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options available, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances.		:'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options available, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances.

	=== 3. Ministerial Instructions ===		=== 3. Ministerial Instructions ===
	The Ministerial Instructions are provided for in s 87.3 of IRPA, and are created through Order in Council. The Ministerial Instructions drive current immigration policy. The Minister uses Ministerial Instructions to make fast, sweeping changes to the immigration system, and so it is very important to ensure that you are working with the most current information on requirements.		The Ministerial Instructions are provided for in s 87.3 of IRPA, and are created through Order in Council. The Ministerial Instructions drive current immigration policy. The Minister uses Ministerial Instructions to make fast, sweeping changes to the immigration system, and so it is very important to ensure that you are working with the most current information on requirements.

	== B. Resources for Immigration Law ==		== B. Resources for Immigration Law ==

	[http://www.cic.gc.ca Immigration, Refugees and Citizenship Canada (“IRCC”)]		[http://www.cic.gc.ca Immigration, Refugees and Citizenship Canada (“IRCC”)]
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	*For the latest updates on Immigration, Refugees and Citizenship Canada, the newsroom is available [https://www.canada.ca/en/immigration-refugees-citizenship/news.html here].		*For the latest updates on Immigration, Refugees and Citizenship Canada, the newsroom is available [https://www.canada.ca/en/immigration-refugees-citizenship/news.html here].

	*Updates on the Operation Manuals and Bulletins are available [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html here].		*Updates on the Operation Manuals and Bulletins are available [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates.html here].

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