Section 41 of the Immigration and Refugee Protection Act (IRPA) provides for inadmissibility
based on non-compliance with the law. Here, a foreign national or permanent
resident may only be found inadmissible for non-compliance if they have failed
to satisfy an obligation under the IRPA or the regulations (IRPR). In other
words, non-compliance cannot stand alone; it must be committed in relation to a
failure to satisfy a specific requirement.
Most often, this section is used to enforce
compliance with the conditions imposed on temporary and permanent residents.
For example, a finding of inadmissibility may be rendered for failure to appear
for an examination or for an admissibility hearing. Some of the most common
non-compliance allegations relate to failure to obtain proper authorization to
return to Canada as a result of prior removal, and/or to hold a valid visa when
required.
Non-compliance also includes breaches of conditions
attached to temporary status. A person may be found to be inadmissible for working
without permission, remaining in Canada longer than authorized, or failing to
comply with any condition imposed under section 185 of the IRPR. For example, a
crew member may breach the IRPR by failing to leave Canada within 72 hours
after they have been relieved of their duties.
Since there are so many requirements that must be
complied with, A&M Canadian Immigration Law Corporation may assist
individuals to understand their obligations and respond to specific allegations
of non-compliance in order to remain in Canada and comply with the law.
