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Archived - Consultation notice: Measures under consideration for inclusion in the prescribed conditions regulations related to security inadmissibility

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The Government of Canada is committed to protecting the integrity of Canada's immigration system while supporting public safety and security priorities and respecting international obligations related to refugees.

New provisions in the Immigration and Refugee Protection Act (the Act) will, when in force, create legislative authority to establish regulations setting out prescribed conditions to allow for the monitoring and control for non-citizens who are either alleged or determined to be inadmissible on grounds of security. Prescribed conditions would be imposed on non-citizens in the following circumstances: 

  1. when an inadmissibility report on grounds of security is referred to the Immigration Division and the subject of the report is not detained;
  2. when the subject of either an inadmissibility report on grounds of security that has been referred to the Immigration Division or a removal order for inadmissibility on grounds of security, is released from detention;
  3. when a certificate, on security grounds, is signed and referred to the Federal Court and the subject of the certificate is not detained; and,
  4. when the subject of a certificate, on security grounds, that has been referred to the Federal Court is released from detention.

Associated legislation also included transitional provisions stipulating that when circumstances permit, prescribed conditions will be applied by an officer on the existing inventory of non-citizens alleged or determined to be inadmissible on grounds of security who are not detained or subject to a release order with conditions imposed by the Immigration Division or the Federal Court.Footnote 1 Furthermore, those conditions imposed by the Immigration Division or the Federal Court on non-citizens who comprise the existing inventory of non-citizens alleged or determined to be inadmissible on grounds of security, may be amended to include the prescribed conditions following an application by the Minister of Public Safety and Emergency Preparedness.

The Canada Border Services Agency (CBSA) has identified a number of measures for consideration as prescribed conditions within the Immigration and Refugee Protection Regulations (IRPR). This consultation notice is intended to provide the public and stakeholders with an opportunity to provide feedback on these measures that are under consideration. Regulatory amendmentsto establish prescribed conditions are planned to be pre-published in the Canada Gazette later this fiscal year, and to come into force later in 2016-2017.

Measures Under Consideration

Below is a summary of measures that are being considered:

1. Establish a list of conditions to be imposed on non-citizens alleged or determined to be inadmissible on grounds of security in the four circumstances noted above and outlined in the Immigration and Refugee Protection Act.

A list of conditions would be imposed pursuant to subsections 44(4); 56(3); 58(5); 58.1(4); 77.1(1) and 82(6) of the Act. These conditions would provide a minimum level of control related to non-citizens who may be or are inadmissible to Canada on security grounds from the time that they are referred for inadmissibility proceedings until they are removed from Canada or relieved of their inadmissibility allegation or determination.

As envisioned, the list of prescribed conditions on the person concerned may include the following requirements; namely, to:

The proposed regulations would not limit existing authorities to impose additional conditions, which are not prescribed. For instance, additional conditions may be imposed by an officer, the Immigration Division, the Minister or the Federal Court under existing legislative authorities in order to augment the prescribed conditions as appropriate.

2. Technical Amendments

Various changes throughout the IRPR are also planned to replace or supplement, as appropriate, the term "Department" with "CBSA". These amendments are necessary for the regulations to better reflect existing responsibilities and business practices that are conducted by the CBSA as opposed to the Department of Immigration, Refugees and Citizenship Canada. These changes are technical only and would not have an impact on existing policies or procedures.

Comments or Questions

Should you have any comments or questions on the planned regulatory amendments, you are invited to provide feedback to:

Manager
Immigration Enforcement Policy Unit
Enforcement and Intelligence Programs
Canada Border Services Agency
IEPU-UPELI@cbsa-asfc.gc.ca
100 Metcalfe, Ottawa ON K1A 0L8

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