This document provides an overview of the various factors and players that shape Canada’s immigration policy, sheds light on the legislative framework and the roles and responsibilities of the various levels of government, and presents a few of the essential components and instruments in this field.
In 2021, Canada welcomed 406,000 permanent residents, and the country plans to gradually increase its intake levels to 500,000 new admissions per year by 2025. These new levels will then be maintained into 2026. The increase aims to support various national priorities, such as solving the labour shortage, meeting humanitarian commitments in response to global crises and family reunification. These priorities reflect the objectives in Canada’s immigration policy as set out in the Immigration and Refugee Protection Act (IRPA). Those include, but are not limited to, economic development, granting refugee status to persecuted people and promoting the integration of permanent residents.
Canada’s immigration policy is implemented by the federal government in partnership with the provinces and territories, with which it shares jurisdiction in the area of immigration. However, that sharing is not equal because the roles and responsibilities differ from one province or territory to another; however, it still enables all of them to play a more active role in selecting immigrants from the economic immigration category in order to better meet the specific needs of their labour market.
As for federal jurisdiction, the IRPA is the main statute governing immigration, while the Immigration and Refugee Protection Regulations are an important policy instrument that specify immigration procedures and processes. The federal government can also issue ministerial instructions to more flexibly and effectively manage the processing of immigration applications and to introduce pilot programs. In addition, it can establish operational guidelines that help ensure that the immigration policy is consistently applied, even though they don’t have the force and effect of law. Those guidelines are distributed in the form of instructions, operational bulletins or manuals for guidance.
The Immigration and Refugee Board of Canada also performs an essential function. It is an administrative tribunal divided into four divisions with various mandates, such as processing claims for refugee protection made in Canada and detention reviews. Regarding those, the courts of justice regularly issue decisions that affect implementation of the immigration policy.
Read the full text of the HillStudy: Immigration Policy Primer
By Sandra Elgersma, Library of Parliament
Revised by Camille De La Durantaye-Guillard and Laurence Brosseau, Library of Parliament
Categories: Executive summary, Government, Parliament and politics, Law, justice and rights