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Difference between revisions of "Governing Legislation and Resources for Immigration Law (18:II)"
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Governing Legislation and Resources for Immigration Law (18:II) (view source)
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 18, 2023}} | ||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
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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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