Section 94 and Section 22.1 of the Immigration and Refugee Protection Act

The following excerpt from the Immigration and Refugee Protection Act (IRPA), which came into force in 2002, outlines the requirements for Immigration, Refugees and Citizenship Canada (IRCC) to prepare an annual report to Parliament on immigration.

Reports to Parliament

  • 94 (1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.
  • (2) The report shall include a description of
    • (a) the instructions given under section 87.3 and other activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;
    • (b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year;
    • (b.1) in respect of Canada, the linguistic profile of foreign nationals who became permanent residents;
    • (c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year;
    • (d) the number of temporary resident permits issued under section 24, categorized according to grounds of inadmissibility, if any;
    • (e) the number of persons granted permanent resident status under each of subsections 25(1), 25.1(1) and 25.2(1);
    • (e.1) any instructions given under subsection 30(1.2), (1.41) or (1.43) during the year in question and the date of their publication; and
    • (f) a gender-based analysis of the impact of this Act.

The following excerpt from IRPA outlines the Minister’s authority to declare when a foreign national may not become a temporary resident, which came into force in 2013, and the requirement to report on the number of such declarations.

Declaration

  • 22.1 (1) The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.
  • (2) A declaration has effect for the period specified by the Minister, which is not to exceed 36 months.
  • (3) The Minister may, at any time, revoke a declaration or shorten its effective period.
  • (4) The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations.

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