First Session, Forty-fourth Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-8
An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

FIRST READING, May 17, 2022

THE HONOURABLE SENATOR GOLD, P.‍‍C.

91085


SUMMARY

This enactment amends the Immigration and Refugee Protection Act to, among other things,

(a)reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions;

(b)expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person; and

(c)expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act.

It also makes consequential amendments to the Citizenship Act and the Emergencies Act.

Finally, it amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under new paragraph 35.‍1(1)‍(a) of the Immigration and Refugee Protection Act.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-8

An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2001, c. 27

Immigration and Refugee Protection Act

Amendments to the Act

1Paragraph 4(2)‍(c) of the Immigration and Refugee Protection Act is replaced by the following:

  • (c)the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, violating human or international rights, Insertion start sanctions Insertion end or organized criminality; or

2Subsection 21(2) of the Act is replaced by the following:

Protected person

(2)Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34, 35 or Insertion start 35.‍1 Insertion end , subsection 36(1) or section 37 or 38.

3Subsection 25(1) of the Act is replaced by the following:

Humanitarian and compassionate considerations — request of foreign national

25(1)Subject to subsection (1.‍2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, Insertion start 35.‍1 Insertion end 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, Insertion start 35.‍1 Insertion end or 37 — who applies for a permanent resident visa, 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.

4Subsection 25.‍1(1) of the Act is replaced by the following:

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, Insertion start 35.‍1 Insertion end 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.

5(1)Paragraphs 35(1)‍(c) to (e) of the Act are repealed.

(2)Subsection 35(2) of the Act is repealed.

6The Act is amended by adding the following after section 35:

Sanctions
Start of inserted block

35.‍1(1)A foreign national is inadmissible on grounds of sanctions if

  • (a)their entry into or stay in Canada is restricted under a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country, entity or person against which or whom Canada has imposed or has agreed to impose sanctions in concert with that organization or association;

  • (b)they are currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act; or

  • (c)they are currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

    End of inserted block
Clarification
Start of inserted block

(2)For greater certainty, despite section 33, a foreign national whose entry into or stay in Canada is no longer restricted under a decision, resolution or measure referred to in paragraph (1)‍(a) or who ceases being the subject of an order or regulation referred to in paragraph (1)‍(b) or (c) is no longer inadmissible under that paragraph.

End of inserted block

7Paragraphs 42(2)‍(a) and (b) of the Act are replaced by the following:

  • (a)the matters referred to in paragraph (1)‍(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35, Insertion start 35.‍1 Insertion end 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, Insertion start 35.‍1 Insertion end or 37.

8Subsections 42.‍1(1) and (2) of the Act are replaced by the following:

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, Insertion start paragraph Insertion end 35(1)‍(b) 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.

Exception — Minister’s own initiative

(2)The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, Insertion start paragraph Insertion end 35(1)‍(b) 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.

9Paragraph 55(3)‍(b) of the Act is replaced by the following:

  • (b)has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, Insertion start sanctions Insertion end , serious criminality, criminality or organized criminality.

10Paragraph 58(1)‍(c) of the Act is replaced by the following:

  • (c)the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, Insertion start sanctions Insertion end , serious criminality, criminality or organized criminality;

11Subsection 64(1) of the Act is replaced by the following:

No appeal for inadmissibility

64(1)No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, Insertion start sanctions Insertion end , serious criminality or organized criminality.

12Paragraph 101(1)‍(f) of the Act is replaced by the following:

  • (f)the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.

Transitional Provision

Sanctions made before coming into force

13For greater certainty, subsection 35.‍1(1) of the Immigration and Refugee Protection Act applies in respect of a foreign national whose entry into or stay in Canada is restricted under a decision, resolution or measure referred to in paragraph 35.‍1(1)‍(a) of that Act made before the day on which this Act receives royal assent, or who is the subject of an order or regulation referred to in paragraph 35.‍1(1)‍(b) or (c) of that Act made before that day, as long as the decision, resolution, measure, order or regulation is in effect on that day.

Consequential Amendments

R.‍S.‍, c. C-29

Citizenship Act

14Subsection 10.‍1(4) of the Citizenship Act is replaced by the following:
Proof

(4)For the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in sections 34, 35, Insertion start 35.‍1 Insertion end or 37 of the Immigration and Refugee Protection Act, the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

R.‍S.‍, c. 22 (4th Supp.‍)

Emergencies Act

15Clause 30(1)‍(h)‍(iii)‍(A) of the Emergencies Act is replaced by the following:
  • (A)security, violating human or international rights, Insertion start sanctions Insertion end or serious criminality, or

SOR/2002-227

Immigration and Refugee Protection Regulations

Amendments to the Regulations

16Subsection 24.‍1(1) of the Immigration and Refugee Protection Regulations is replaced by the following:

Application

24.‍1(1)A foreign national may apply for a declaration of relief under subsection 42.‍1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)‍(b) or subsection 37(1) of the Act.

17Paragraph 24.‍2(1)‍(g) of the Regulations is replaced by the following:

  • (g)the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)‍(b) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.‍1(1).

18Subparagraph 65(b)‍(ii) of the Regulations is replaced by the following:

  • (ii)at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 Insertion start to 35.‍1 Insertion end and subsections 36(1) and 37(1) of the Act;

19Paragraph 228(1)‍(f) of the Regulations is replaced by the following:

  • (f)if the foreign national is inadmissible under Insertion start subsection 35.‍1(1) Insertion end of the Act on grounds of Insertion start sanctions Insertion end , a deportation order.

20Paragraph 229(1)‍(b) of the Regulations is replaced by the following:

  • (b)a deportation order, if they are inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

21Subsection 230(3) of the Regulations is amended by adding the following after paragraph (b):

  • Start of inserted block

    (b.‍1)is inadmissible under subsection 35.‍1(1) of the Act on grounds of sanctions;

    End of inserted block

Transitional Provision

Report referred to Immigration Division

22Paragraphs 228(1)‍(f) and 229(1)‍(b) of the Immigration and Refugee Protection Regulations, as they read immediately before the day on which this Act receives royal assent, continue to apply in respect of a foreign national for whom, before that day, a report was referred to the Immigration Division for an admissibility hearing under subsection 44(2) of the Immigration and Refugee Protection Act and in respect of whom no decision has been made by the Immigration Division before that day.

Published under authority of the Senate of Canada