Canadian Immigration
Law Explorer

The Immigration and Refugee Protection Act (IRPA) is Canada’s primary immigration law, enacted in 2002. It governs who can enter and remain in Canada, defines grounds for inadmissibility, establishes refugee protection, and creates the framework for the Immigration and Refugee Board (IRB). Every immigration decision — from visa approvals to deportation orders — flows from this Act.

The Immigration and Refugee Protection Regulations (IRPR) are the detailed rules that implement IRPA. Think of IRPA as the “what” and IRPR as the “how.” For example, IRPA says Canada will select economic immigrants (s.12), while IRPR defines the exact CRS point system, processing fees, document requirements, and eligibility criteria. You need both to understand the full picture.

Section 36 of IRPA governs criminal inadmissibility. Even a single conviction — including a DUI — can bar you from entering Canada if it equates to a Canadian offence. Your options depend on the severity: Criminal Rehabilitation (available 5+ years after sentence completion), a Temporary Resident Permit (TRP) for urgent travel, or deemed rehabilitation (automatic for minor offences after 10+ years). Use our Admissibility Screening tool for a personalized assessment.

The CRS is defined in IRPR regulations 72–76. It scores Express Entry candidates on core human capital (age, education, language, experience — up to 500 points), spouse factors (up to 40 points), skill transferability (up to 100 points), and additional factors like job offers and PNP nominations (up to 600 points). The maximum possible score is 1,200. IRCC conducts regular draws, inviting the highest-scoring candidates.

Yes. Section 72 of IRPA allows judicial review at the Federal Court of Canada. You must first get “leave” (permission) from the court. The timeline is strict — typically 15 days for decisions made in Canada, 60 days for decisions made abroad. Depending on the decision type, you may also have appeal rights to the Immigration Appeal Division (IAD) under sections 62–71.

Inadmissibility (ss. 33–43) means you’re barred from entering or remaining in Canada for a specific reason — criminality, security, health, misrepresentation, etc. This applies to everyone. Ineligibility is narrower and specific to refugee claims — certain people (e.g., those recognized as refugees in another country) cannot have their claim heard by the Refugee Protection Division.

Work permits are governed by IRPR regulations 179–209. There are two main streams: LMIA-based (employer proves no Canadians are available) and LMIA-exempt (e.g., CUSMA professionals, intra-company transferees, open work permits). Each has specific eligibility criteria, document requirements, and conditions defined in the regulations.

No. ClearToEnter is an educational resource that makes publicly available Canadian immigration law accessible and understandable. For complex situations — especially criminal inadmissibility, refugee claims, or appeals — we strongly recommend consulting a licensed immigration lawyer (member of a Canadian law society) or a Regulated Canadian Immigration Consultant (RCIC).