What is the implication when a province issues an approval for a newcomer to relocate to its province and what are the obligations of an applicant to actually settle in that province?
The right to legislate in the field of immigration in Canada is shared equally between the Federal government and the provinces. Since the Quebec government acquired exclusive rights to establish its own policies and programs in 1978, all of the provinces and territories have implemented their own immigration programs to select immigrants.
Increasing numbers of applicants are applying for admission to Canada under a provincial nomination program (PNP) or through Quebec.
A starting point for discussion is section 6 of the Canadian Charter of Rights and Freedoms. Commonly known as the Canadian Charter or the Constitution Act, 1982, it is a series of legislative enactments dating back to the birth of Canada in 1867 that provides Canadians with basic rights in relations with government at all levels and binds all provincial/territorial legislative assemblies in Canada including the federal legislature, the Parliament of Canada. Section 6 provides permanent residents and Canadian citizens with the right to live and work in any province in Canada.
Section 6 reads:
1.Every citizen of Canada has the right to enter, remain in and leave Canada.
2.Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
- to move to and take up residence in any province; and
- to pursue the gaining of a livelihood in any province.
In immigration matters, the implication of section 6 and mobility rights under the Charter is significant. But these rights do not actually begin until permanent residence has been established.
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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer