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The Government of Canada is committed to protecting the integrity of Canada's immigration system while supporting public safety and security priorities and respecting international obligations related to refugees.
New provisions in the Immigration and Refugee Protection Act (the Act) will, when in force, create legislative authority to establish regulations setting out prescribed conditions to allow for the monitoring and control for non-citizens who are either alleged or determined to be inadmissible on grounds of security. Prescribed conditions would be imposed on non-citizens in the following circumstances:
- when an inadmissibility report on grounds of security is referred to the Immigration Division and the subject of the report is not detained;
- when the subject of either an inadmissibility report on grounds of security that has been referred to the Immigration Division or a removal order for inadmissibility on grounds of security, is released from detention;
- when a certificate, on security grounds, is signed and referred to the Federal Court and the subject of the certificate is not detained; and,
- when the subject of a certificate, on security grounds, that has been referred to the Federal Court is released from detention.
Associated legislation also included transitional provisions stipulating that when circumstances permit, prescribed conditions will be applied by an officer on the existing inventory of non-citizens alleged or determined to be inadmissible on grounds of security who are not detained or subject to a release order with conditions imposed by the Immigration Division or the Federal Court.Footnote 1 Furthermore, those conditions imposed by the Immigration Division or the Federal Court on non-citizens who comprise the existing inventory of non-citizens alleged or determined to be inadmissible on grounds of security, may be amended to include the prescribed conditions following an application by the Minister of Public Safety and Emergency Preparedness.
The Canada Border Services Agency (CBSA) has identified a number of measures for consideration as prescribed conditions within the Immigration and Refugee Protection Regulations (IRPR). This consultation notice is intended to provide the public and stakeholders with an opportunity to provide feedback on these measures that are under consideration. Regulatory amendmentsto establish prescribed conditions are planned to be pre-published in the Canada Gazette later this fiscal year, and to come into force later in 2016-2017.
Measures Under Consideration
Below is a summary of measures that are being considered:
1. Establish a list of conditions to be imposed on non-citizens alleged or determined to be inadmissible on grounds of security in the four circumstances noted above and outlined in the Immigration and Refugee Protection Act.
A list of conditions would be imposed pursuant to subsections 44(4); 56(3); 58(5); 58.1(4); 77.1(1) and 82(6) of the Act. These conditions would provide a minimum level of control related to non-citizens who may be or are inadmissible to Canada on security grounds from the time that they are referred for inadmissibility proceedings until they are removed from Canada or relieved of their inadmissibility allegation or determination.
As envisioned, the list of prescribed conditions on the person concerned may include the following requirements; namely, to:
- to provide the CBSA with their residential address and inform the CBSA in writing in advance of any change in residential address prior to the change being made;
- to provide the CBSA with their employer and employment address and inform the CBSA in writing of any change in employer or employment address in advance of any change being made;
- to report as directed by an officer, at least once per month after the day on which the conditions are imposed, or in exceptional circumstances, less frequently as directed by an officer;
- to present themselves at the time and place that an officer, the Immigration Division, the Minister or the Federal Court requires them to appear to comply with any obligation imposed on them under the Immigration and Refugee Protection Act;
- to provide a copy of their passport, travel or identity documents, and copies of any extensions of these documents thereafter, to the CBSA;
- to immediately surrender passport, travel or identity documents to the CBSA as directed by an officer or, if they do not hold a passport or travel document, to complete an application for a passport or a travel document, if an officer so directs, and provide the application to the CBSA;
- to apply for an extension of the validity period of any passport or travel document before it expires, if an officer so directs, and to provide the extended passport or document to the CBSA;
- to not commit any criminal offences;
- if charged with a criminal offence, to immediately report that fact in writing to the CBSA;
- if convicted of a criminal offence, to immediately report that fact in writing to the CBSA; and,
- if voluntarily departing from Canada, notify the CBSA before departure.
The proposed regulations would not limit existing authorities to impose additional conditions, which are not prescribed. For instance, additional conditions may be imposed by an officer, the Immigration Division, the Minister or the Federal Court under existing legislative authorities in order to augment the prescribed conditions as appropriate.
2. Technical Amendments
Various changes throughout the IRPR are also planned to replace or supplement, as appropriate, the term "Department" with "CBSA". These amendments are necessary for the regulations to better reflect existing responsibilities and business practices that are conducted by the CBSA as opposed to the Department of Immigration, Refugees and Citizenship Canada. These changes are technical only and would not have an impact on existing policies or procedures.
Should you have any comments or questions on the planned regulatory amendments, you are invited to provide feedback to:
Immigration Enforcement Policy Unit
Enforcement and Intelligence Programs
Canada Border Services Agency
100 Metcalfe, Ottawa ON K1A 0L8
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