Canada maintains a series of regulations derived from the Immigration
and Refugee Protection Act. In addition, all government departments, including Citizenship and Immigration Canada (CIC), issue policy manuals and other policy
instruments. These help CIC staff determine in a consistent, transparent manner
what action to take or not to take in a given situation.
Creation and Purpose of Regulations
Regulations are created by Cabinet and published in the Canada Gazette,
along with Regulatory Impact Analysis Statements. These explanatory notes help
clarify the intention of regulations and normally describe why the regulation
was created, what options were considered, the benefits and costs of the
regulation to the Canadian public, who was consulted during the regulation’s
creation, and a contact person for further information.
Immigration and Refugee Protection Regulations (IRPR)
The main regulation under the IRPA is the Immigration and Refugee
Protection Regulations. The IRPR is divided into 21 parts and sets out the
detailed rules for how the IRPA operates, for example including its own
definitions of family members; rules for all the permanent and temporary
resident programs; classes of refugees; and procedures relating to detention,
release, removals and appeals.
Citizenship Regulations
Citizenship Regulations explain in detail how citizenship applications
are to be processed. They set out the requirements for granting, renouncing, or
resuming Canadian citizenship; explain the rules for the citizenship test, the
oath of citizenship, citizenship ceremonies, and citizenship application fees.
Policy Instruments
Where there are gaps in the law or differences in interpretation, policy is used to promote consistency in decision-making and fairness. Government departments (including IRCC) have operational manuals, policy notes, and operational bulletins that are published online for the guidance of immigration officers. Most of this guidance has now been combined into operational Program Delivery Instructions.
Immigration and Refugee Board Rules and Guidance
The Immigration and Refugee Board (IRB) also uses rules and policy
instruments to guide its work. The IRPA authorizes the creation of tribunal
rules to guide the procedures of each IRB division (for example, the
Immigration Division Rules and Refugee Protection Division Rules).
Chairperson’s guidelines, jurisprudential guides, and persuasive decisions also
promote consistency in decision-making.
Limits of Policy Instruments
Many policy instruments are persuasive but not enforceable. If there is
a contradiction between policy and a statute or regulation, the law always
wins.
Importance of Professional Guidance in Immigration Law
Immigration
regulations and policies play a vital role in the implementation of Canada’s
immigration law. Since regulations, guidance, and tribunal rules of procedure
can change often, it can be extremely difficult to navigate the Canadian
immigration system without professional help. The team at A&M Canadian Immigration Law Corporation keeps on top of immigration regulations, policy
updates, and tribunal rules of procedures in order to help clients make
informed choices about their applications and immigration strategies. If you need help, booking a consultation with
A&M is the first step.
