Forward Regulatory Plan: 2018-2020
Inadmissibility due to Sanctions and Other Grounds

Description of the objective

The Immigration and Refugee Protection Regulations (IRPR) prescribe those inadmissibility grounds for which removal orders are to be issued by the Immigration Division of the Immigration and Refugee Protection Board (IRB) and those for which removal orders are to be issued by the Minister's Delegate (i.e. a Canada Border Services Agency or Immigration, Refugees and Citizenship Canada official). The IRPR will be reviewed.

This review is required given, for instance, new inadmissibility provisions that have emerged in relation to unilateral sanctions by Canada under the Special Economic Measures Act and the newly created Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). These new inadmissibility provisions were brought into force in October 2017 through Private Member's Bill S-226. Currently, the IRB has the sole authority to issue removal orders to individuals who are subjected to these new sanctions-related inadmissibility grounds, despite the straightforward determination process. Regulatory amendments are being considered that would transfer jurisdiction for these inadmissibility grounds to the Minister's Delegate, a change that would be consistent with how other straightforward inadmissibility grounds are determined. In this regulatory review, consideration would also be given to whether other grounds may be appropriately issued by the Minister's Delegate as opposed to the IRB.

Enabling Act: Immigration and Refugee Protection Act

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

On June 8, 2018, the CBSA launched online public consultations on these proposed regulations and informed key stakeholders of this opportunity. The public consultation period closed on July 7, 2018.

Departmental Contact

Richard St. Marseille
Programs Branch
Canada Border Services Agency
Tel: 613-954-3923

For more information

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