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Canadas Immigration Legislation

On November 1st, 2001, the Government of Canada gave Royal Assent to Bill C-11, the Immigration and Refugee Protection Act which will introduce sweeping changes to Canadian immigration law and policies and will have consequences for all categories of applicants. Although the legislation has been passed by Parliament, much of the effect remains to be seen when the Regulations are finally enacted after a period of public comment. It is expected that the new legislation and the Regulations will finally take effect on June 28, 2001. The government proposes that the legislation be applied retroactively to applications already in progress, a source of opposition from the Immigration Bar and stakeholders.



It should also be cautioned that, apart form the Regulations yet to be published, another piece of legislation is in the works, "post September 11" with much debate, that may impact on different aspects of immigration procedures: Bill C-36, "An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism", commonly known as the "Anti-terrorist legislation". ...



The main changes introduced by the new Immigration and Refugee Protection Act are as follows:



FAMILY CLASS IMMIGRATION



o Expanding the definition of “family class” raising the age of a “dependent child” from the current 19 years old to 22 years old;



o Opening up adoption provisions in keeping with the principles of “best interest of the child”, as articulated by Canadian courts;



o Changing the definition of “family” to include common law and same-sex partners;



o Facilitating family reunification by creating an in-Canada landing class for sponsored spouses and partners for both immigrants and refugees;



o Exempting sponsored spouses, partners and dependent children from the admission bar with regard to excessive demand on health or social services;



o Reducing the age at which Canadian citizens and permanent residences are eligible to sponsor from 19 to 18 years of age;



o Including “parent” in the definition family class;



o Reducing the length of the sponsorship requirements from 10 years to 3 years for spouses and common law partners.


Approximate Word count = 1453
Approximate Pages = 5.8
(250 words per page double spaced)
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