Vol. 151, No. 21 — October 18, 2017

Registration

SI/2017-58 October 18, 2017

ECONOMIC ACTION PLAN 2015 ACT, NO. 1

Order Fixing the Day on which this Order is registered as the Day on which Certain Provisions of the Act Come into Force

P.C. 2017-1206 September 29, 2017

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 176(2) of the Economic Action Plan 2015 Act, No. 1, chapter 36 of the Statutes of Canada, 2015, fixes the day on which this Order is registered as the day on which subsections 169(1) and 171(1) and (3) and sections 172, 173 and 175 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council fixes the day upon which this Order is registered as the coming-into-force day of subsections 169(1) and 171(1) and (3) and sections 172, 173 and 175 of the Economic Action Plan 2015 Act, No. 1.

Objective

The purpose of this Order is to bring into force provisions of the Economic Action Plan 2015 Act, No. 1 which amend the Immigration and Refugee Protection Act (IRPA) in respect of electronic administration.

Background

The Economic Action Plan 2015 Act, No. 1 introduced a series of new provisions and consequential amendments that sets out clear authorities to use electronic means for the administration and enforcement of IRPA and the associated regulations. These legislative changes were developed in anticipation of the expanding use of electronic tools in the immigration system for application processing and enhancing online applications.

Implications

This Order in Council is required to bring into force certain legislative provisions authorizing the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness (the Ministers) to use electronic means to administer and enforce IRPA and authorizing the Governor in Council to make future amendments to the Immigration and Refugee Protection Regulations (the Regulations).

While a technology-based vision presents opportunities to do business differently, potential policy and legal concerns with the expansion of electronic tools, advanced analytics and automation have been identified. These legislative authorities are intended to provide the Department of Citizenship and Immigration and the Department of Public Safety and Emergency Preparedness (the Departments) with a legal framework to guide the consistent application of electronic means to administer and enforce IRPA.

There will be no resource, operational or privacy implications as the coming into force of these legislative provisions is limited to authorizing the Departments to use electronic means to administer and enforce IRPA and granting the Governor in Council the authority to make or amend regulations under IRPA relating to the use of electronic means. Any future regulatory changes to support the government’s use of electronic tools and systems will consider the financial, operational, economic, legal or privacy implications.

New authorities

This Order in Council brings into force sections of the Economic Action Plan 2015 Act, No. 1 which create Part 4.1 of IRPA, providing the Ministers the authority to use electronic means to perform all of the functions and activities required to administer or enforce IRPA and the Regulations.

Section 186.1 of Part 4.1 gives the Ministers clear authority to carry out their functions under IRPA using electronic means. This authority includes the use of an automated system to make decisions or determinations or perform examinations. It also allows, through delegations and designations, officers and other persons to carry out activities under the Regulations using the electronic means specified by the relevant Minister.

Section 186.2 of Part 4.1 provides that any requirements in IRPA for signatures, notices, information, documents or their originals can be met by using the electronic means that are made available or specified by the Minister.

Section 186.3 of Part 4.1 provides regulation-making authorities related to the use of electronic means. More specifically, the regulations may

Section 186.4 of Part 4.1 provides that, if authorized under IRPA or the Regulations, officers and other individuals can still require applicants to submit documents and information in other formats, including in their original paper format.

Along with the introduction of these provisions, consequential amendments are made to other sections of IRPA to avoid repetition of the comprehensive authorities in Part 4.1.

Consultation

The Department of Employment and Social Development was consulted and collaborated with during the development of these legislative provisions and amendments.

During the legislative process, the overall response to these provisions from Canadians was supportive and media coverage related to these provisions was neutral to positive. The Standing Committee on Citizenship and Immigration conducted one hearing on the provisions relating to IRPA within Economic Action Plan 2015 Act, No. 1 and heard from four witnesses, including representatives from the Department of Citizenship and Immigration, as well as an immigration lawyer.

Departmental contact

Patrick McEvenue
Acting Director
Strategic Policy and Planning
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Email: Patrick.McEvenue@cic.gc.ca