Immigration is an area of shared jurisdiction with provinces and territories under he Constitution Act, with federal legislation prevailing. The Department of Citizenship and Immigration Canada (CIC) was created by an Act of Parliament which received Royal Assent on June 23, 1994. This Act brought together immigration services and citizenship registration, operations and corporate functions from various departments.

CIC reports to Parliament through its Minister. The Minister of Citizenship and Immigration administers the Immigration and Refugee Protection Act and the Citizenship Act, and assumes responsibility for Canada's immigration program and policy on migration and refugees. The Minister is also responsible for the Immigration and Refugee Board of Canada (IRB), an independent tribunal established by the Parliament of Canada. The IRB's functions are separate from those of the department.

CIC is governed by the Citizenship and Immigration Act, the Immigration and Refugee Protection Act, the Citizenship Act and supporting regulations. These provide the framework and authority required for developing and implementing policies, programs, services and initiatives to support Canada's immigration and citizenship programs.