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The Canadian authorities are set to undertake a comprehensive examination of the primary immigration legislation.

The Immigration Refugees and Citizenship Canada (IRCC) has announced a forthcoming examination of the Immigration and Refugee Protection Act (IRPA) as part of the newly unveiled Strategy: An Immigration System for Canada’s Future.

This strategic plan details the modifications IRCC plans to implement in the upcoming years to enhance processing and establish a more inclusive approach to immigration. The department aims to accomplish these objectives by addressing initiatives under three main pillars:

Enhance the newcomer experience to create a more welcoming environment.
Harmonize immigration with the requirements of the labor market.
Formulate a comprehensive and coordinated growth plan.

IRPA serves as the legal foundation overseeing Canada’s immigration system and establishing the operational framework for IRCC. Any prospective modifications to IRPA align with the goal of enhancing the welcoming experience for newcomers as they embark on their immigration journey to Canada. IRCC emphasizes the commitment to fostering a modern, efficient, fair, transparent, predictable, and timely immigration process.

The department asserts that there is a necessity to evaluate the requirement for legislative amendments or reform, as IRPA stands as the primary legislation underpinning the majority of IRCC’s programs, policies, and procedures. Since its enactment in 2002, 21 years ago, it has not undergone a comprehensive examination.

IRPA’s last major update

The current form of IRPA only came into existence in June 2002. Prior to that, Canada operated under the Immigration Act, which was enacted in 1976 and underwent multiple revisions during its tenure as the primary immigration law.

The purpose behind the creation of IRPA was to establish more transparent and contemporary legislation, ensuring that Canada’s immigration and refugee protection system could effectively adapt to emerging challenges and opportunities.

Additionally, IRPA sought to provide a clearer delineation of the main categories of foreign nationals, including the economic class, family class, and convention refugees, along with individuals in comparable situations.

How updating the IRPA can help

IRPA encompasses legislation that addresses virtually every facet of the immigration minister’s responsibilities and outlines the proper execution thereof.
The Strategy underscores that a review of IRPA is crucial to eliminating obstacles hindering the reception of individuals essential for Canada’s future. For instance, existing legislation within IRPA facilitates the establishment of innovative immigration pathways, exemplified by the recent introduction of category-based Express Entry. A thorough review and revision could pave the way for the creation of more specialized avenues catering to newcomers with sought-after skills.

Additionally, IRPA dictates the collaboration between Canada’s federal and provincial governments in sharing immigration responsibilities. Through agreements with provinces and territories, IRCC enables provincial governments to nominate economic immigrants via the Provincial Nominee Program (PNP), with the federal government allocating specific nomination quotas to each province.

To determine provincial nominations, the Minister, as per the law, must consult with provinces on the annual number and distribution of foreign nationals in each class becoming permanent residents. IRPA mandates that these consultations consider regional economic and demographic needs, involving relevant partners and stakeholders.

An IRPA update might mandate increased consultations with stakeholders like settlement services, enhancing comprehension of Canada’s capacity to integrate newcomers, aligning with the Strategy’s goal of a comprehensive government approach to immigration.

Consultations also influence the federal Immigration Levels Plan, setting permanent resident admission targets for the next three years. Legally required to be released annually by November 1st in non-election years, the Plan for 2024-2026 admits 485,000 new permanent residents in 2024 and 500,000 annually in 2025 and 2026. Immigration Minister Marc Miller asserts that the recent plan will foster growth and stabilize Canada’s economy.

Finally, IRPA contains legislation specifying the procedures for submitting applications, encompassing technology, format, and processing protocols. A review and update of these regulations would enhance the department’s ability to meet the current and future surges in demand.

Category-based selection in the Express Entry system

Despite the absence of an extensive review, the legislation has been revised to address the current surge in immigration interest towards Canada.

As an illustration, the Immigration and Refugee Protection Act (IRPA) underwent modifications in 2022, empowering the immigration minister to issue Invitations to Apply to Express Entry candidates possessing human capital attributes aligned with one of the six recently introduced categories:

• Healthcare
• STEM professions
• Trades
• Transport
• Agriculture and agri-food
• French language proficiency

These categories are consistent with IRPA’s goal of maximizing the economic advantages of immigration for Canada. By prioritizing newcomers with skills in high-demand and underserved sectors, the Immigration, Refugees and Citizenship Canada (IRCC) aims to contribute to and fortify the national economy.