Forward Regulatory Plan: 2018-2020
Immigration Detention and the Best Interests of the Child
Description of the objective
The Canada Border Services Agency (CBSA) is developing amendments to the Immigration and Refugee Protection Regulations to:
- Ensure that the best interests of a non-detained minor child will be considered any time that child is directly affected by a decision to detain their parent or guardian. This proposal seeks to codify decisions of the Federal Court of Canada into the regulations.
- Ensure that all decision makers take into account a non-exhaustive list of factors when making a determination of what is in a minor child's best interests. These factors will apply to both children in detention and those who are not detained, but are affected by a decision to detain their parent or guardian.
Enabling Act: Immigration and Refugee Protection Act
Indication of business impacts
There are no expected business impacts.
Public consultation opportunities
Initial public consultation on these proposed regulations took place from July 28 to August 27, 2017 via the Consulting with Canadians and Canada Border Services Agency websites. Additional input will be welcomed during pre-publication of the regulations in the Canada Gazette, which is planned for fall/winter 2018.
Departmental Contact
Richard St. Marseille
Manager
Programs Branch
Canada Border Services Agency
Tel: 613-954-3923
Email: Richard.StMarseille@cbsa-asfc.gc.ca
Related links
- Targeted Regulatory Review: Digitalization and Technology-Neutral Regulations Roadmap
- Government-wide Administrative Burden Baseline counts
- Government-Wide Forward Regulatory Plans
- Cabinet Directive on Regulatory Management
- Red Tape Reduction Action Plan
- Canada-United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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