Vol. 151, No. 21 — October 18, 2017

Registration

SI/2017-59 October 18, 2017

FASTER REMOVAL OF FOREIGN CRIMINALS ACT

Order Fixing the Day on which this Order is published as the Day on which Certain Sections of the Act Come into Force

P.C. 2017-1207 September 29, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 38(2) of the Faster Removal of Foreign Criminals Act, chapter 16 of the Statutes of Canada, 2013, fixes the day on which this Order is published in the Canada Gazette, Part II, as the day on which sections 19, 22, 23, 25 to 27, 30, 31, 34 and 35 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to subsection 38(2) of the Faster Removal of Foreign Criminals Act (FRFCA), this Order fixes the coming-into-force date of sections 19, 22, 23, 25 to 27, 30, 31, 34 and 35 of the FRFCA as the day on which the Order is published in the Canada Gazette, Part II.

Objective

The FRFCA, which received royal assent on June 19, 2013, introduced amendments to the Immigration and Refugee Protection Act (IRPA) allowing for prescribed conditions to be imposed on all foreign nationals and permanent residents (non-citizens) who are not detained and who are alleged or found inadmissible on grounds of security. The objective of this Order in Council is to bring these amendments into force.

Background

The IRPA governs the admissibility of non-citizens to Canada and is enforced by the Canada Border Services Agency (CBSA). Non-citizens may be found inadmissible to Canada on security grounds for engaging in acts such as espionage against Canada, terrorism, violence or subversion against a democratic government.

1. The Order will bring the following legislative requirements into force: that decision makers (an officer, the Immigration and Refugee Board’s Immigration Division [ID], the Minister of Public Safety and Emergency Preparedness, or the Federal Court [FC], depending on the circumstances) impose prescribed conditions on non-citizens who are not detained and who are subject to an inadmissibility report or a certificate on security grounds which has been referred to the ID or FC, respectively, or who have been found inadmissible on grounds of security;
2. the transitional provisions that allow for the retrospective imposition of the aforementioned prescribed conditions on the existing security inadmissibility cases; and
3. the enabling authority for the Governor in Council to make regulatory amendments to the Immigration and Refugee Protection Regulations (IRPR) that establish a baseline of consistent and transparent conditions to be imposed on non-citizens who are alleged or found inadmissible on grounds of security, and who are not detained.

Implications

This Order in Council will support public safety by bringing into force the legislative framework that requires decision makers to impose prescribed conditions on non-citizens alleged or found inadmissible on grounds of security and enabling the prescription of these conditions in the IRPR. Together, these provisions will support the establishment of a consistent baseline of monitoring and control under the IRPA of security inadmissibility cases.

Consultation

Stakeholders were given the opportunity to participate in the legislative development of the FRFCA. Most stakeholders did not express any views on the introduction of new legislative authorities to support the imposition of a baseline of prescribed conditions for security inadmissibility cases. Some stakeholders expressed the view that the existing discretionary authorities to impose conditions were sufficient and others felt as though mandatory conditions could deprive individuals of fair consideration of their actual circumstances. These views were taken into consideration during regulatory development associated with the prescribed conditions.

Departmental contact

Richard St Marseille
Manager
Immigration Enforcement Policy Unit
Canada Border Services Agency
100 Metcalfe Street, 10th Floor
Ottawa, Ontario
K1A 0L8
Email: IEPU-UPELI@cbsa-asfc.gc.ca