ARCHIVED — Vol. 146, No. 21 — October 10, 2012

Registration

SI/2012-73 October 10, 2012

FINANCIAL ADMINISTRATION ACT

Haiti Remission Order

P.C. 2012-1092 September 20, 2012

His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), remits to persons referred to in the Temporary Public Policy Concerning Victims of Sexual Violence in Haiti, dated April 29, 2012, who are granted permanent resident status under subsection 25.2(1) (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), the fees paid or payable under subsection 303(1) of the Immigration and Refugee Protection Regulations (see footnote e).

EXPLANATORY NOTE

(This note is not part of the Order.)

The Remission Order grants remission of the fees paid or payable under subsection 303(1) of the Immigration and Refugee Protection Regulations (the “Regulations”) for the acquisition of permanent resident status to persons entering Canada as permanent residents under the Temporary Public Policy Concerning Victims of Sexual Violence in Haiti.

Proposal

The Remission Order is made pursuant to subsection 23(2.1) of the Financial Administration Act (FAA). This fee remission supplements the Temporary Public Policy Concerning Victims of Sexual Violence in Haiti.

Objective

The objective of this Order is to facilitate the permanent residence in Canada of certain Haitian nationals and their dependants, referred by the United Nations High Commissioner for Refugees (UNHCR), who were displaced as a result of the 2010 earthquake and were subjected to sexual violence and who continue to be in a vulnerable situation in Haiti.

Background

The temporary public policy provides for the facilitation of the granting of permanent resident status to up to 40 Haitian women and their dependants who were displaced as a result of the 2010 earthquake in Haiti, have been referred by the UNHCR, are victims of sexual violence (or their accompanying dependant is a victim of sexual violence), continue to be in a vulnerable situation in Haiti where they face a threat to their security or life (or their accompanying dependant is in such a situation) and have no effective protection or durable solution in Haiti. The expected uptake is 160 Haitian nationals, including dependants. The public policy will end once permanent residence applications for 40 applicants and their dependants have been processed.

The temporary public policy has been developed to provide benefits to eligible applicants, including waiving the application fee for permanent residence in Canada and providing an exemption from inadmissibility based on excessive demand on health and/or social services. Applicants admitted under the public policy will receive coverage under the Interim Federal Health (IFH) program, and access to income supports, temporary accommodation and basic household items under the Programme d’accueil et d’installation des réfugiés (PAIR) for those resettled in Quebec and under the Resettlement Assistance Program (RAP) for those resettled outside of Quebec.

The temporary public policy was signed by the Minister of Citizenship and Immigration on April 29, 2012. Under his authority, the Minister exempts admitted applicants from the following requirements of the Regulations, namely the payment of the application processing fee specified in paragraph 295(1)(c) and the requirement to be a member of a class as per paragraphs 70(1)(c) and (d). The temporary public policy further exempts admitted applicants from the requirements in paragraph 10(1)(d) of the Regulations, namely providing evidence that the payment of application fees has been made.

The authority to waive the Right of Permanent Residence Fee (RPRF) is not available through section 25.2 of the Immigration and Refugee Protection Act (the “Act”). Subsection 23(2.1) of the FAA authorizes the Governor in Council, on the recommendation of the Treasury Board, to remit a debt where the Governor in Council considers that its collection is unreasonable or unjust or that it is otherwise in the public interest to remit it. In this case, the Governor in Council is of the opinion that it is in the public interest to remit the RPRF for the Haitian victims of sexual violence and their dependants. The applicants are in a compelling humanitarian and refugee-like situation. Resettled refugees are not required to pay the RPRF. Waiving the RPRF ensures a measure of parity with resettled refugees.

Implications

The admission of these women and their dependants is part of Canada’s ongoing commitment to the people of Haiti following the 2010 earthquake.

The amount of foregone revenue is $24,500 in 2012–2013 based on an estimated 50 Haitian applicants and dependants who would be required to pay the RPRF.

Applicants wishing to settle in Quebec will be subject to the Province of Quebec’s selection criteria further to subsection 25.2(3) of the Act, and cannot be granted permanent residence unless Quebec determines that they meet the applicable requirements of the province.

Departmental contact

For more information, please contact

Debra Pressé
Director
Resettlement
Refugee Affairs Branch
Citizenship and Immigration Canada
Telephone: 613-957-5833
Email: Debra.Presse@cic.gc.ca

Footnote a
 S.C. 1991, c. 24, s. 7(2)

Footnote b
 R.S., c. F-11

Footnote c
 S.C. 2010, c. 8, s. 5

Footnote d
 S.C. 2001, c. 27

Footnote e
 SOR/2002-227