Section 16 — Obligation — answer truthfully
Text of provision
(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.
(1.1) A person who makes an application must, on request of an officer, appear for an examination.
(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.
(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.
(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.
Plain English
Section 16 imposes two obligations on persons being examined under IRPA:
- Answer all questions truthfully — a person must not lie or mislead the officer; and
- Produce all relevant documents requested — including passports, identity documents, and any documents relating to an application.
Section 16(1.1) extends the obligation to produce biometrics when required by the Regulations.
Practical effect
Failure to answer truthfully is a misrepresentation under s 40. A person who lies to an officer during examination, or withholds documents, is inadmissible for misrepresentation regardless of whether the lie or omission was material to the application outcome.
The obligation applies at the port of entry, in inland examinations, and in interviews conducted as part of application processing. Counsel are generally not present during border examinations, though legal advice may be sought before an admissibility hearing.