Canadian Refugee Procedure/15-17 - Immigration to Canada - Examination

IRPA Sections 15-17

Sections 15-17 of the Immigration and Refugee Protection Act read:

DIVISION 2

Examination

Examination by officer
15 (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01).

Provincial criteria
15(2) In the case of a foreign national referred to in subsection 9(1), an examination of whether the foreign national complies with the applicable selection criteria shall be conducted solely on the basis of documents delivered by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

Inspection
(3) An officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts and hold the means of transportation until the inspection and examination are completed.

Instructions
(4) The officer shall conduct the examination in accordance with any instructions that the Minister may give.

Health insurance policy
15.1 A health insurance policy purchased from an insurance company outside Canada that is approved by the Minister satisfies any requirement in an instruction given under subsection 15(4) that a foreign national who applies for a temporary resident visa in order to visit their Canadian citizen or permanent resident child or grandchild for an extended period must have private health insurance.

Obligation — answer truthfully
16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Obligation — appear for examination
(1.1) A person who makes an application must, on request of an officer, appear for an examination.

An officer has jurisdiction and authority to examine a refugee claimant pursuant to subsection 16(1.1) after the claim has been referred to the Refugee Protection Division for determination

A delegate of the Minister of Public Safety and Emergency Preparedness has jurisdiction and authority to examine a refugee claimant pursuant to subsection 16(1.1) of the Immigration and Refugee Protection Act about his or her refugee claim after the claim has been referred to the Refugee Protection Division for determination.

Obligation — relevant evidence
(2) In the case of a foreign national,
(a) the relevant evidence referred to in subsection (1) includes photographic and fingerprint evidence; and
(b) subject to the regulations, the foreign national must submit to a medical examination.

Obligation — interview
(2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.

Evidence relating to identity
(3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained, subject to an examination or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

Regulations
17 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting the conduct of examinations.