Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program): SOR/2019-212

Canada Gazette, Part II, Volume 153, Number 13

Registration

SOR/2019-212 June 17, 2019

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2019-786 June 16, 2019

Whereas, pursuant to subsection 5(2) ^{footnote a} of the Immigration and Refugee Protection Act ^{footnote b}, the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program), substantially in the annexed form, to be laid before each House of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 5(1) and 14(1), paragraphs 14(2)(a), (b) and (e) ^{footnote c}, section 26 ^{footnote d}, paragraph 32(a), section 43, paragraph 53(e) ^{footnote e} and paragraph 150.1(1)(d) ^{footnote f} of the Immigration and Refugee Protection Act ^{footnote b}, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program).

Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program)

Amendments

1 The portion of subsection 13.11(1) of the Immigration and Refugee Protection Regulations ^{footnote 1} before paragraph (a) is replaced by the following:

Disclosure of information

13.11 (1) Any biometric information and related personal information set out in subsection (2) that is collected under the Act and provided to the Royal Canadian Mounted Police may be used or disclosed by it to a law enforcement agency in Canada for the following purposes, if there is a potential match between fingerprints collected under the Act and fingerprints collected by it or submitted to it by a law enforcement agency in Canada:

2 Subparagraph 18(2)(a)(vii) of the Regulations is replaced by the following:

• (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act, other than the one for which they have been convicted;

3 Section 24 of the Regulations is replaced by the following:

Exception

24 (1) The exception set out in paragraph 38(2)(a) of the Act does not apply to a child who is not a dependent child of the sponsor.

Prescribed family members

(2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act:

• (a) the dependent child of the sponsor’s spouse or common-law partner;
• (b) the dependent child of the dependent child referred to in paragraph (a); and
• (c) the dependent child of the sponsor’s dependent child.

Exception

(3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who is a member of the family class and is

• (a) the conjugal partner of a sponsor;
• (b) the dependent child of the conjugal partner referred to in paragraph (a);
• (c) the dependent child of the dependent child referred to in paragraph (b); or
• (d) a person referred to in paragraph 117(1)(g).

4 Subparagraph 87(6)(b)(ii) of the French version of the Regulations is replaced by the following:

• (ii) soit d’un investissement d’au moins 1 000 000 $ dans les capitaux propres de l’entreprise;

5 (1) Subparagraph 117(1)(g)(ii) of the Regulations is replaced by the following:

• (ii) where the adoption is an international adoption, the country in which the person resides is a party to the Hague Convention on Adoption and the Convention applies to their province of intended destination, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and

(2) The portion of subparagraph 117(1)(g)(iii) of the Regulations before clause (A) is replaced by the following:

• (iii) where the adoption is an international adoption and the country in which the person resides is not a party to the Hague Convention on Adoption or the Convention does not apply to the person’s province of intended destination

(3) Paragraphs 117(3)(f) and (g) of the Regulations are replaced by the following:

• (f) if the adoption is an international adoption, the country in which the adoption took place is a party to the Hague Convention on Adoption and the Convention applies to the child’s province of intended destination, the competent authority of the country and of the province have stated in writing that they approve the adoption as conforming to that Convention; and
• (g) if the adoption is an international adoption and the country in which the adoption took place is not a party to the Hague Convention on Adoption or the Convention does not apply to the child’s province of intended destination, there is no evidence that the adoption is for the purpose of child trafficking or undue gain within the meaning of that Convention.

6 The portion of paragraph 134(1)(c) of the English version of the Regulations before subparagraph (i) is replaced by the following:

• (c) if the sponsor does not produce a document referred to in paragraph (a), or if the sponsor’s income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor’s income is the sponsor’s Canadian income earned during the 12-month period preceding the date of filing of the sponsorship application not including

7 Subsection 136(2) of the Regulations is replaced by the following:

Suspension following proceeding

(2) In respect of a proceeding to which subsection 63(4) of the Act applies, the sponsorship application shall not be processed until the later of

• (a) the period for making an appeal under that subsection has expired, and
• (b) if an appeal is made, the final determination of the appeal.

8 The portion of section 180 of the Regulations before paragraph (a) is replaced by the following:

180 A foreign national who holds a temporary resident visa is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

9 Paragraph 186(m) of the French version of the Regulations is replaced by the following:

• m) à titre de juge, d’arbitre ou d’officiel chargé de fonctions similaires participant à une compétition internationale de sport amateur, à des manifestations ou compétitions artistiques ou culturelles internationales ou encore à un concours agricole ou d’animaux;

10 The French version of the Regulations is amended by replacing “nationaux” with “ressortissants” in the following provisions:

• (a) paragraph 7.1(3)(b); and
• (b) paragraph 190(1)(c).

11 The French version of the Regulations is amended by replacing “national” with “ressortissant” in the following provisions:

• (a) subparagraph 198(2)(a)(ii) and paragraph 198(2)(c);
• (b) paragraph 214(a); and
• (c) paragraph 241(1)(c).

Coming into Force

12 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On January 25, 2006, the Standing Joint Committee for the Scrutiny of Regulations (the Committee) identified a number of technical issues with the Immigration and Refugee Protection Regulations (the Regulations) and recommended that a number of amendments be made to address these issues. Over the years, the majority of these issues have been addressed through miscellaneous amendments. An additional issue was identified by the Committee on August 20, 2013, which is also being addressed by these amendments.

Objective

The amendments have the following objectives:

• to correct discrepancies between the French and English versions;
• to harmonize the Regulations with the enabling statute, the Immigration and Refugee Protection Act (the Act); and
• to add clarity to various regulatory provisions.

Description and rationale

The following provisions are being amended to correct discrepancies between the French and English versions:

• Subparagraph 87(6)(b)(ii) related to provincial nominees and business investment: The term “le capital-actions” will be replaced with “les capitaux propres” (equity investment) to better align the French to the English versions.
• Paragraph 134(1)(c) related to sponsors: The phrase “sponsor’s Canadian income … is the income earned by the sponsor …” is not referenced correctly in the English version. It will be replaced with “the sponsor’s income … is the Canadian income earned by the sponsor…” [emphasis added]. This will align it with the French version and with paragraph 134(3)(b).
• Paragraph 186(m) related to temporary residents: The term “competition” is found in the English text, but not in the French text. Whereas the English text refers to “an international cultural or artistic event or competition,” the French only refers to “des manifestations artistiques ou culturelles internationales.” The French will be amended to align with the English version of paragraph 186(m).
• Paragraphs 7.1(3)(b), 190(1)(c), subparagraph 198(2)(a)(ii), paragraphs 198(2)(c), 214(a), 241(1)(c), as well as in the marginal note of subsection 190(1): The French version of the English terms “national” and “nationals,” in the sense of “a person who is a citizen of a country” is inconsistently translated as “national” (plural “nationaux”) and at other times as “ressortissant” (plural “ressortissants”). All references to “national/nationaux” in the French will be amended to “ressortissant/ressortissants.”

The following provision is being amended to harmonize the Regulations with paragraph 150.1(1)(d) of the Act:

• Subsection 13.11(1) related to the disclosure of biometric and personal information to the Royal Canadian Mounted Police (RCMP): The provision is being amended to remove reference to the Act as the authority for the disclosure of biometric and related personal information to the RCMP and to clarify that the Act only authorizes the collection, not the disclosure, of biometric and related personal information. Disclosure to the RCMP is authorized under paragraph 8(2)(a) of the Privacy Act in accordance with the principle of “consistent use.”

The following provisions are being amended for clarity and to ensure consistent interpretation of the Regulations:

• Subsection 136(2) related to sponsors: The provision is being amended to reflect the intention to suspend processing of a sponsorship application until the longer of the following two periods has passed in relation to an appeal made under subsection 63(4) of the Act: the period to file an appeal before the Immigration Appeal Division of the Immigration and Refugee Board or the period to finalize an appeal. The current wording could be interpreted to mean that processing of an application is suspended until either the period to file an appeal has expired or until the appeal has been finalized.
• Subparagraphs 117(1)(g)(ii) and (iii); and paragraphs 117(3)(f) and (g) related to the family class and international adoption: The provision is being amended to reflect that the Hague Convention on Adoption applies in Canadian provinces, but that the provinces are not “parties” to the Convention.
• Subparagraph 18(2)(a)(vii) related to inadmissibility: The provision is being amended by adding the words “other than the act described in paragraph (a).” This amendment will clarify the intent of the Regulations to mean that a person who was convicted of an offence outside of Canada, must demonstrate that s/he did not commit another offence outside of Canada in order to be eligible for deemed rehabilitation. Deemed rehabilitation is a mechanism by which matters constituting criminal inadmissibility under paragraphs 36(1)(b) and (c), and 36(2)(b) and (c) of the Act will no longer constitute inadmissibility for those who have satisfied the Minister that they have been rehabilitated or who are members of a class deemed to have been rehabilitated.
• Section 180: The provision is being amended in English and French to include a reference similar to the wording used in the Regulations in subsection 7.1(2) to clarify that this section only applies to “a foreign national who holds a temporary resident visa.”
• Section 24 of the Regulations related to inadmissibility on health grounds: Paragraph 38(1)(c) of the Act provides that a foreign national is inadmissible to Canada on health grounds if their condition might reasonably be expected to cause excessive demand on health or social services. Subsection 38(2) exempts certain classes of foreign nationals from the application of this inadmissibility, and gives authority to specify who benefits in the Regulations. Section 24 of the Regulations is being amended to clarify who may benefit from this exemption by adding specific references to dependent children under the family class, their dependent children, conjugal partners, as well the dependent children of conjugal partners, and the dependent children of those children.

“One-for-One” Rule and small business lens

The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden on businesses.

The small business lens does not apply to these amendments, as there are no costs to small business.

Contact

Katherine Pestieau
Director of Cabinet and Regulatory Affairs
Immigration Refugees and Citizenship Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Email: regs@cic.gc.ca