Section 20 — Obligation on entry
Text of provision
(1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,
(a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and
(b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.
(1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.
(2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.
Plain English
Section 20 creates the primary obligation on entry to Canada. Every person — including Canadian citizens — must appear for examination when seeking entry. Foreign nationals must establish that they hold the required visa or document and are not inadmissible.
Section 20(1) requires a foreign national seeking to become a temporary or permanent resident to establish that they hold the required visa or document under the Regulations and that they are not inadmissible.
Section 20(1.1) provides that a foreign national seeking entry as a temporary resident must satisfy an officer that they will leave at the end of the authorised period.
Practical effect
The obligation to appear for examination gives border officers the authority to question travellers and inspect documents. Officers may refer persons to a secondary examination if the primary examination does not resolve all questions.
The burden of establishing right of entry rests on the person seeking entry, not on the officer. A foreign national who cannot establish admissibility may be refused entry or, if already in Canada, may be the subject of an inadmissibility report under s 44.