Vol. 147, No. 20 — September 25, 2013
SI/2013-99 September 25, 2013
FASTER REMOVAL OF FOREIGN CRIMINALS ACT
Order Fixing the Day on which this Order is made as the Day on which Sections 6 to 8 of the Act Come into Force
P.C. 2013-913 August 30, 2013
His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 38(1) of the Faster Removal of Foreign Criminals Act, chapter 16 of the Statutes of Canada, 2013, fixes the day on which this Order is made as the day on which sections 6 to 8 of that Act come into force.
(This note is not part of the Order.)
This Order fixes the day on which this Order is made as the day on which sections 6 to 8 of the Faster Removal of Foreign Criminals Act (the Act),chapter 16 of the Statutes of Canada 2013, come into force. Sections 1 to 3, 5, 9 to 15, 18, 21, 24, 28, 29, 32, 33, and 36 to 38 came into force on royal assent. Sections 16, 17 and 20 come into force on a day or days to be fixed by order of the Governor in Council. Sections 19, 22, 23, 25 to 27, 30, 31, 34 and 35 come into force on a day to be fixed by order of the Governor in Council.
This Order brings into force sections of the Act related to a new authority for refusal that amend the Immigration and Refugee Protection Act (IRPA). The amendments allow the Minister of Citizenship and Immigration to declare that a foreign national, other than a foreign national referred to in section 19 of the IRPA, may not become a temporary resident for a period of up to three years if the Minister is of the opinion that it is justified by public policy considerations.
Currently, foreign nationals are admitted to Canada if they have applied for status, meet the applicable requirements of the class to which they have applied and are not inadmissible; however, there are certain circumstances where the Minister may wish to refuse individuals status based on the national or public interest and/or where their entry may have foreign policy consequences or cause harm to Canada’s international reputation.
The new authority would support the Government of Canada’s priorities and public policy statements, and provide flexibility to respond to changing international circumstances. In addition, the new authority would more closely align Canada’s authorities with those found in the legislation of Canada’s key international partners, such as the United States, the United Kingdom and Australia.
Guidelines that describe the types of behaviours and activities that may lead the Minister of CIC to exercise this authority are publicly available and have been published on CIC’s Web site: www.cic.gc.ca/english/department/media/backgrounders/2012/201210-24.asp.
In addition, the number of declarations made, along with the public policy considerations that have led to the making of these declarations, will be reported to Parliament in CIC’s Annual Report to Parliament on Immigration, which is also available to the public on CIC’s Web site.
In 2010, CIC launched a review of the IRPA’s inadmissibility and related provisions in consultation with the CBSA and other federal partners. The purpose of the admissibility review was to ensure that officials continue to have the tools necessary to maintain the integrity of Canada’s immigration system. This review also examined a number of recurrent issues that have surfaced since the implementation of the IRPA in 2002, such as expediting the removal process for persons with serious criminal inadmissibility, greater facilitation for low-risk travellers, and the reduction of bilateral irritants with countries with which Canada has key foreign and trade policy interests.
The admissibility review resulted in the development of the Act. The Act contains a number of legislative amendments to the IRPA that enhance the safety and security of Canadians, strengthen the integrity of the immigration program, and facilitate entry to further support Canadian interests, including a new authority for refusal which allows the Minister of CIC, in exceptional cases, to deny temporary resident status to foreign nationals whose entry into Canada would raise public policy concerns.
Although several of the Act’s amendments came into force upon royal assent, the Act contains additional legislative changes that require regulatory amendments to support implementation that will come into force on a day or days fixed by the Governor in Council. Regulatory amendments for the new authority for refusal are anticipated to come in to force as quickly as possible.
In 2012–2013, key stakeholders were invited to testify before the House Standing Committee on Citizenship and Immigration, and the Senate Standing Committee on Social Affairs, Science and Technology on Bill C-43, which included the legislative provision for the new authority for refusal. As a result of these consultations, the Bill was amended to include an annual reporting requirement to Parliament on the use of the new authority, including the number of instances that it is used, and the public policy considerations on which the decisions were based.
Migration Control and Horizontal Policy
Citizenship and Immigration Canada
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