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This notice provides interested stakeholders with the opportunity to comment on the Canada Border Services Agency's (CBSA) intent to seek amendments to Part 16 of the Immigration and Refugee Protection Regulations (IRPR) related to seizure. The scope of this public consultation is limited to matters which fall within sections 252 to 258 of the IRPR.
Amendments are being contemplated to, among other things, address comments raised by the Standing Joint Committee for the Scrutiny of Regulations (REGS). The REGS is a Parliamentary Committee that is responsible for reviewing and scrutinizing regulations and other statutory instruments made on or after January 1, 1972. It reviews only matters of legality and the procedural aspects of regulations and does not evaluate the merits of regulations or the policies that they are intended to implement.
The CBSA is considering regulatory amendments to address potential errors, inaccuracies and inconsistencies in "Part 16 – Seizure" of the IRPR. These include but not limited to:
- Improving clarity with respect to the appropriate disposal method in situations where a thing is seized for multiple reasons;
- Providing better alignment between the Regulations and the reasons for seizure described in the Immigration and Refugee Protection Act;
- Clarifying protocols associated with the return of seized things, including the order precedence between the lawful owner and the person from whom an item was seized;
- Improving internal consistency across the various provisions within Part 16;
- Addressing inconsistencies between the English and French versions of Part 16.
Submissions by interested parties
To help inform this process, the Government is embarking on a public consultation process to give all interested stakeholders an opportunity to provide input. Interested parties wishing to contribute to this process are invited to provide responses to the following three questions:
- Do you believe a review of Part 16 of the IRPR, to address the issues summarized above or any other issue, is necessary or advisable? Please provide a rationale for your response.
- Do you face any additional challenges related to regulatory requirements within Part 16 of the IRPR that should be considered within the scope of a review of this Part? Please provide a rationale for your response.
- Do you have any views on ways to improve administrative efficiency associated with Part 16 of the IRPR? If so, please provide a description and provide a rationale for your response.
The deadline for receiving input and comments is February 18, 2017.
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 Street, Ottawa ON K1A 0L8
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