Faster Removal of Foreign Criminals Act (S.C. 2013, c. 16)
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Assented to 2013-06-19
Faster Removal of Foreign Criminals Act
S.C. 2013, c. 16
Assented to 2013-06-19
An Act to amend the Immigration and Refugee Protection Act
SUMMARY
This enactment amends the Immigration and Refugee Protection Act to limit the review mechanisms for certain foreign nationals and permanent residents who are inadmissible on such grounds as serious criminality. It also amends the Act to provide for the denial of temporary resident status to foreign nationals based on public policy considerations and provides for the entry into Canada of certain foreign nationals, including family members, who would otherwise be inadmissible. Finally, this enactment provides for the mandatory imposition of minimum conditions on permanent residents or foreign nationals who are the subject of a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security or who, on grounds of security, are named in a certificate that is referred to the Federal Court.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Faster Removal of Foreign Criminals Act.
2001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Marginal note:2005, c. 38, s.118
2. Paragraph 4(2)(d) of the Immigration and Refugee Protection Act is replaced by the following:
(d) declarations referred to in section 42.1.
3. Subsection 6(3) of the Act is replaced by the following:
Marginal note:Exception
(3) Despite subsection (2), the Minister may not delegate the power conferred by section 22.1 or subsection 42.1(1) or (2) or 77(1).
4. Subsection 14(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(f.1) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with undertakings; and
5. (1) Section 16 of the Act is amended by adding the following after subsection (1):
Marginal note:Obligation — appear for examination
(1.1) A person who makes an application must, on request of an officer, appear for an examination.
(2) Section 16 of the Act is amended by adding the following after subsection (2):
Marginal note:Obligation — interview
(2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.
6. Section 20 of the Act is amended by adding the following after subsection (1):
Marginal note:Declaration
(1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.
7. Subsection 22(1) of the Act is replaced by the following:
Marginal note:Temporary resident
22. (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b), is not inadmissible and is not the subject of a declaration made under subsection 22.1(1).
8. The Act is amended by adding the following after section 22:
Marginal note:Declaration
22.1 (1) The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.
Marginal note:Effective period
(2) A declaration has effect for the period specified by the Minister, which is not to exceed 36 months.
Marginal note:Revocation
(3) The Minister may, at any time, revoke a declaration or shorten its effective period.
Marginal note:Report to Parliament
(4) The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations.
Marginal note:2010, c. 8, s. 4(1)
9. Subsection 25(1) of the Act is replaced by the following:
Marginal note:Humanitarian and compassionate considerations — request of foreign national
25. (1) The Minister must, on request of a foreign national in Canada who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 —, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Marginal note:2010, c. 8, s. 5
10. Subsection 25.1(1) of the Act is replaced by the following:
Marginal note:Humanitarian and compassionate considerations — Minister’s own initiative
25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
11. Section 26 of the Act is amended by adding the following after paragraph (b):
(b.1) declarations referred to in subsection 22.1(1);
12. Section 32 of the Act is amended by adding the following after paragraph (d):
(d.1) the conditions that must or may be imposed, individually or by class, on individ- uals and entities — including employers and educational institutions — in respect of permanent residents and foreign nationals, or that must or may be varied or cancelled;
(d.2) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);
(d.3) the consequences of a failure to comply with the conditions referred to in paragraphs (d) and (d.1);
13. (1) Paragraph 34(1)(a) of the Act is replaced by the following:
(a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;
(2) Subsection 34(1) of the Act is amended by adding the following after paragraph (b):
(b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
(2.1) Paragraph 34(1)(f) of the Act is replaced by the following:
(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).
(3) Subsection 34(2) of the Act is repealed.
14. Subsection 35(2) of the Act is repealed.
15. Subsection 37(2) of the Act is replaced by the following:
Marginal note:Application
(2) Paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity.
16. (1) Paragraph 40(2)(a) of the Act is replaced by the following:
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
(2) Section 40 of the Act is amended by adding the following after subsection (2):
Marginal note:Inadmissible
(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
17. Section 42 of the Act is renumbered as subsection 42(1) and is amended by adding the following:
Marginal note:Exception
(2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,
(a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35 or 37; and
(b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35 or 37.
18. The Act is amended by adding the following after section 42:
Marginal note:Exception — application to Minister
42.1 (1) The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.
Marginal note:Exception — Minister’s own initiative
(2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.
Marginal note:Considerations
(3) In determining whether to make a declaration, the Minister may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada.
19. Section 44 of the Act is amended by adding the following after subsection (3):
Marginal note:Conditions — inadmissibility on grounds of security
(4) If a report on inadmissibility on grounds of security is referred to the Immigration Division and the permanent resident or the foreign national who is the subject of the report is not detained, an officer shall also impose the prescribed conditions on the person.
Marginal note:Duration of conditions
(5) The prescribed conditions imposed under subsection (4) cease to apply only when
(a) the person is detained;
(b) the report on inadmissibility on grounds of security is withdrawn;
(c) a final determination is made not to make a removal order against the person for inadmissibility on grounds of security;
(d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or
(e) a removal order is enforced against the person in accordance with the regulations.
20. (1) Subsection 46(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) on approval by an officer of their application to renounce their permanent resident status.
(2) Section 46 of the Act is amended by adding the following after subsection (1):
Marginal note:Effect of renunciation
(1.1) A person who loses their permanent resident status under paragraph (1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce their permanent resident status at a port of entry or are not physically present in Canada on the day on which their application is approved.
21. Section 53 of the Act is amended by adding the following after paragraph (a):
(a.1) the form and manner in which an application to renounce permanent resident status must be made and the conditions that must be met before such an application may be approved;
22. Section 56 of the Act is renumbered as subsection 56(1) and is amended by adding the following:
Marginal note:Conditions — inadmissibility on grounds of security
(2) If an officer orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the officer must also impose the prescribed conditions on the person.
Marginal note:Duration of conditions
(3) The prescribed conditions imposed under subsection (2) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.
23. Section 58 of the Act is amended by adding the following after subsection (3):
Marginal note:Conditions — inadmissibility on grounds of security
(4) If the Immigration Division orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, it shall also impose the prescribed conditions on the person.
Marginal note:Duration of conditions
(5) The prescribed conditions imposed under subsection (4) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.
24. Subsection 64(2) of the Act is replaced by the following:
Marginal note:Serious criminality
(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).
25. The Act is amended by adding the following after section 77:
Marginal note:Conditions — inadmissibility on grounds of security
77.1 (1) If a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security is referred to the Federal Court and no warrant for the person’s arrest and detention is issued under section 81, the Minister of Public Safety and Emergency Preparedness shall impose the prescribed conditions on the person who is named in the certificate.
Marginal note:Duration of conditions
(2) The prescribed conditions imposed under subsection (1) cease to apply only when
(a) the person is detained;
(b) the certificate stating that the person is inadmissible on grounds of security is withdrawn;
(c) a final determination is made that the certificate is not reasonable;
(d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or
(e) a removal order is enforced against the person in accordance with the regulations.
26. Section 82 of the Act is amended by adding the following after subsection (5):
Marginal note:Conditions — inadmissibility on grounds of security
(6) If the judge orders the release, under paragraph (5)(b), of a person who is named in a certificate stating that they are inadmissible on grounds of security, the judge shall also impose the prescribed conditions on the person.
Marginal note:No review of conditions
(7) The prescribed conditions imposed under subsection (6) are not subject to review under subsection (4).
Marginal note:Variation of conditions
(8) If a person is subject to the prescribed conditions imposed under subsection (6), any variation of conditions under subsection 82.1(1) or paragraph 82.2(3)(c) is not to result in the person being subject to conditions that do not include those prescribed conditions.
Marginal note:Duration of conditions
(9) The prescribed conditions imposed under subsection (6) cease to apply only when one of the events described in paragraphs 77.1(2)(a) to (e) occurs.
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