Consultations
Proposed Regulatory Amendments to Allow for Automatic Invalidation of Certain Immigration Documents Following an Enforceable Removal Order

Current status: Closed

Open on June 6 and will close to new input on July 8.

Description

The Canada Border Services Agency (CBSA) is responsible for enforcing the Immigration and Refugee Protection Act (the Act), which governs the admissibility of foreign nationals and permanent residents to Canada.

Following the notice placed on the CBSA Forward Regulatory Plan for 2018 to 2020 and 2019 to 2021, the CBSA is developing proposed amendments to the Immigration and Refugee Protection Regulations (IRPR) to automatically invalidate temporary resident visas (TRVs), electronic travel authorizations (eTAs) and temporary resident permits (TRPs) by operation of law when the holder of the document has been issued a removal order that becomes enforceable. In the case of TRPs, this proposal will only apply when a removal order becomes enforceable subsequent to the issuance of the TRP and this proposal will not impact the foreign nationals issued TRPs following the issuance of an enforceable removal order, unless there is a subsequent enforceable removal order. Consequential amendments and other amendments required to maintain consistency in the IRPR may be pursued in addition.

Paragraph 53(e) of the IRPA provides the authority to create regulations in respect of ‘the effect and enforcement of removal orders’, permitting the invalidation of eTAs, TRVs and TRPs as an effect of a removal order becoming enforceable.

The following details describe the specifics of this proposal:

These regulatory changes will create a consistency with the current automatic invalidation regulations for work and study permits that exist when removal orders become enforceable, which have been provided for since the IRPR came into force in 2002.

These changes promote program integrity and streamline the admissibility determination process, by making invalidation of eTAs, TRVs and TRPs an effect of an enforceable removal order.

To help inform this process, the CBSA is embarking on a public consultation process to give all interested stakeholders an opportunity to provide input.

How to participate

  1. Consult the notice
  2. Contact us to provide your comments.

Details

The objective of this consultation is to provide interested stakeholders with the opportunity to comment on the CBSA’s intent to automatically invalidate certain immigration documents if a removal order becomes enforceable.

Contact us

Please submit your questions or comments by email:

Marc Goldfinger
Immigration Enforcement Policy Unit
Immigration Enforcement, Customs, and External Review Policy Directorate
Canada Border Services Agency
100 Metcalfe St,
Ottawa ON K1A 0L8
IEPU-UPELI@cbsa-asfc.gc.ca

Date modified: