Section 2 — Definitions
Text of provision
(1) The definitions in this subsection apply in this Act.
Board means the Immigration and Refugee Board, which consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division. (Commission)
Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule. (Convention contre la torture)
designated foreign national has the meaning assigned by subsection 20.1(2). (étranger désigné)
foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
permanent resident means a person who has acquired permanent resident status and has not subsequently lost that status under section 46. (résident permanent)
Refugee Convention means the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951, and the Protocol to that Convention, signed at New York on January 31, 1967. Sections E and F of Article 1 of the Refugee Convention are set out in the schedule. (Convention sur les réfugiés)
(2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).
Plain English
Section 2(1) of IRPA sets out the definitions that apply throughout the entire Act. These definitions are binding — wherever a defined term appears in IRPA, it carries the meaning given here unless a specific provision says otherwise.
The most frequently used definitions include:
- Foreign national — a person who is not a Canadian citizen or permanent resident
- Permanent resident — a foreign national who has acquired permanent resident status and has not lost it under s 46
- Protected person — a person on whom refugee protection has been conferred under s 95(2)
- Sponsor — a person who makes a sponsorship application in respect of a foreign national
- Minister — in most contexts, the Minister of Citizenship and Immigration (now Immigration, Refugees and Citizenship Canada)
Practical effect
Understanding IRPA definitions is essential because the Act uses precise technical terms that differ from ordinary English usage. For example, a person who has lived in Canada for decades but has not obtained citizenship remains a "foreign national" if they have not obtained permanent resident status.
The definition of "permanent resident" is particularly important — permanent resident status exists independently of the PR card. A person may be a permanent resident even if their PR card has expired (the card evidences status; it does not create it). Status is lost only under s 46.