Current status: Closed
Open on and will close to new input on .
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 responsible for reviewing and scrutinizing regulations and other statutory instruments, and reviews only matters of legality and the procedural aspects of regulations. It does not evaluate the merits of regulations or the policies that they are intended to implement.
The Canada Border Services Agency (CBSA) is considering regulatory amendments to address the issue raised by the REGS. This includes adding the following general set of minimum factors for a decision-maker (e.g. officer, member of the Immigration Division (ID) of the Immigration and Refugee Board of Canada, or the Minister of Public Safety and Emergency Preparedness, as authorized in the Immigration and Refugee Protection Act (IRPA)) to consider when fulfilling the requirements under paragraph 47(2)(b) of the Immigration and Refugee Protection Regulations (IRPR):
- The relationship of the proposed bondsperson to the person concerned;
- The bondsperson’s financial situation;
- Any previous history as a bondsperson or a surety;
- The bondsperson’s criminal record and potential criminal associations; and,
- Any other factor considered relevant in determining the capacity of the bondsperson to supervise the person concerned.
The onus will be on the proposed bondsperson to provide evidence to satisfy the decision-maker as he or she considers this general set of minimum factors.
These factors are already considered by officers as a matter of operational policy; establishing them in law is intended to ensure consistent, transparent, and uniform application of a minimum baseline of factors to be considered by all decision-makers.
This proposed amendment also seeks to clarify the requirements of bondspersons, by restructuring the general requirements section and incorporating the above minimum set of general factors for all proposed bondspersons.
In addition, this proposed amendment seeks to amend paragraph 47(2)(c) and subsection 47(3) of the IRPR to include the ID and Minister as relevant decision-makers, in addition to an officer, where they are authorized to impose conditions including the requirement to pay a deposit or post a guarantee. This is intended to ensure consistency across all decision-makers authorized to require a deposit or guarantee to ensure compliance with conditions imposed. The relevant decision-maker makes the final decision on the bondsperson, barring any new information bringing into question the eligibility of the bondsperson or the legality of the source of funds.
Finally, this proposed amendment seeks to make two consequential amendments to section 46 of the IRPR, which lists the sections of the IRPA to which the Deposits or Guarantees regulations apply. Legislative amendments in 2010 and 2012 changed references in the IRPA, which need to be accounted for in section 46 of the IRPR. Thus, a technical amendment seeks to update those references (subsection 56(1) of the IRPA instead of section 56, which was renumbered following legislative amendments in 2012; and add section 58.1 of the IRPA, which was introduced following legislative amendments in 2010).
To help inform this process, the CBSA 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 two questions:
- Are there any other factors that should be included in a minimum set of factors that should be considered by a CBSA officer, member of the ID, or Minister when determining whether a guarantor is able to ensure that the person(s) in respect of whom the guarantee is required will comply with the conditions imposed? Please provide a rationale for your response.
- Do you have any additional feedback with respect to the regulatory framework within the scope of sections 45 to 49 of the IRPR, relating to Deposits or Guarantees?
How to participate
- Consult the notice
- Contact us to provide your comments
The objective of the consultation is to provide interested stakeholders with the opportunity to comment on the CBSA’s intent to seek amendments to the IRPR related to general factors to consider when determining whether a guarantor is able to ensure that the person(s) in respect of whom the guarantee is required will comply with the conditions imposed. The scope of this public consultation is limited to the Deposits or Guarantees section of the IRPR (sections 45 to 49).
Please submit your questions or comments by email:
Immigration Enforcement Policy Unit
Enforcement and Intelligence Programs
Canada Border Services Agency
100 Metcalfe St,
Ottawa ON K1A 0L8
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