Current status: Closed
Open on and will close to new input on .
The Canada Border Services Agency (CBSA) is seeking comments on potential changes to the Immigration and Refugee Protection Regulations – Applications for a Declaration of Relief under Subsection 42.1(1) of the Immigration and Refugee Protection Act (commonly referred to as "Ministerial Relief" (MR)).
What we are considering
The CBSA is responsible for administering the MR application process under the Immigration and Refugee Protection Act (IRPA). This legislation governs the admissibility of foreign nationals and permanent residents to Canada. The objective of this consultation is to provide interested stakeholders with the opportunity to comment on potential amendments to the existing regulatory framework governing applications submitted under subsection 42.1(1) of the IRPA.
Foreign nationals who are found to be inadmissible on certain grounds may apply to the Minister of Public Safety and Emergency Preparedness to seek an exemption from their inadmissibility (IRPA subsection 42.1(1)). These grounds include security, certain international human rights violations, or organized criminality.
The regulations that pertain to these applications:
- establish when a foreign national may submit an application
- establish the circumstances under which an application may be closed without a final decision (for example: if the applicant has received permanent residence and the application is no longer required, or if an applicant does not respond to a letter sent by the CBSA asking to confirm interest)
- outline the mandatory information that must be provided with an application
- this is found in sections 24.1 to 24.5 of the Immigration and Refugee Protection Regulations (IRPR)
The potential amendments would:
- specify where applicants in Canada must send an application and any supporting documentation for processing
- allow the CBSA to return, unprocessed, an application or any supporting documentation, if it is sent to an address that is not specified by the CBSA on its website (a regulation limited to applicants physically present in Canada)
- require a dated signature from an applicant as part of a response to a notice sent under subsection 24.4(a) of the IRPR
- limit the ability of applicants who are subject to an enforceable removal order, who have previously received a decision on an MR application, to submit subsequent MR applications until the removal order has been enforced
- establish additional criteria under which a pending application may be closed, including:
- where applicants who are inadmissible under section 34 of the IRPA violate a condition to report to the CBSA referred to in Part 15 of the IRPR (this regulation will not apply where the applicant reports to the CBSA within 60 calendar days of missing their reporting date)
- where applicants receive a further, new finding of inadmissibility under section 34, paragraphs 35(1)(a), (b), or (c), or section 37 of the IRPA after the original MR application was submitted
- address transitional cases impacted by these new regulations
How these amendments help us meet our commitments to Canadians
These amendments will further strengthen the MR application process, bolster program integrity, and foster greater compliance with IRPA requirements for those found inadmissible on serious grounds.
How to participate
Please submit your questions or comments by email:
Immigration Enforcement Policy Integrity Unit
Immigration and External Review Policy Directorate
Canada Border Services Agency
100 Metcalfe St., 10th floor
Ottawa ON K1A 0L8
- Date modified: