Canada Gazette, Part I, Volume 158, Number 24: Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents)

June 15, 2024

Statutory authority
Immigration and Refugee Protection Act

Sponsoring department
Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Immigration, Refugees and Citizenship Canada (IRCC) has identified inconsistencies in authorities within the Immigration and Refugee Protection Regulations (the Regulations) regarding the cancellation of temporary resident documents, including temporary resident visas (TRVs), electronic travel authorizations (eTAs), work permits, and study permits, for reasons related to eligibility, admissibility and operational administration. The absence of clear and consistent authorities in the Regulations can impact decision-making regarding how and when authorities are applied, resulting in a lack of efficiency and consistency, and creating challenges related to program integrity. More consistency in cancellation authorities would equip officers with clear decision-making tools and improve the management of migration to Canada.

Background

Canada welcomes individuals from countries all over the world seeking to visit, work, and study. Foreign nationals who have been permitted entry to Canada on a temporary basis as a visitor, worker, or student are considered temporary residents. All temporary residents must comply with admissibility and eligibility requirements under the Immigration and Refugee Protection Act (the Act) and the Regulations.

All temporary residents require a TRV or an eTA to travel to and enter Canada, unless exempt. TRVs can be issued for a single entry or can be valid for up to 10 years and for multiple entries. Travellers from visa-exempt countries require an eTA to fly to Canada. The eTA is electronically linked to a traveller’s passport and is valid for multiple entries and up to five years, or until the passport expires, whichever comes first. Foreign nationals who wish to work or study in Canada are also required to obtain a work permit or study permit, unless exempt. The final determination of whether a temporary resident applicant is allowed to enter and remain in Canada is made by a Border Services Officer at the port of entry.

IRCC and the Canada Border Services Agency (CBSA) conduct ongoing reporting and use screening systems to detect any new adverse information about document holders. Adverse information can also be discovered when officers assess or examine individuals. When new adverse information is identified, for example, and if the document holder is no longer eligible or admissible to Canada, the document is cancelled. Strengthening existing temporary resident immigration document cancellation authorities is key to a modern and efficient immigration program.

IRCC has identified areas where the cancellation regulations for temporary resident documents could be strengthened and where consistent authorities for cancellation of the various types of documents would ensure transparency and efficiency.

Objective

The proposed changes align with a broad objective of facilitating the entry of foreign nationals into Canada in a manner that protects the health, safety, and security of Canadians. The amendments would support migration management by providing consistent authorities in the Regulations to cancel temporary resident documents. The amendments would increase processing efficiencies with more clarity for officers and improve safety and security at the border and inside Canada.

Description

The Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents) [the proposed Regulations] would make a foreign national ineligible to hold an eTA if

The proposed Regulations would allow an officer to cancel an eTA if it was issued based on an administrative error.

The proposed Regulations would automatically cancel an eTA if

The proposed Regulations would allow an officer to cancel a TRV if

The proposed Regulations would automatically cancel a TRV if

The proposed Regulations would allow an officer to cancel a work permit that was issued based on an administrative error and would automatically cancel a work permit if the holder becomes a permanent resident or is deceased.

The proposed Regulations would amend the invalidity provisions for work permits to specify that the work permit becomes invalid when it is cancelled due to error, death, or when the holder becomes a permanent resident.

The proposed Regulations would allow an officer to cancel a study permit if it was issued based on an administrative error and would automatically cancel a study permit if the holder becomes a permanent resident or is deceased.

The proposed Regulations would amend the invalidity provisions for study permits to specify that the study permit becomes invalid when it is cancelled due to error, death, or the holder becomes a permanent resident.

The proposed Regulations would also include a provision to ensure that nothing in the Regulations limits any other existing lawful authority to cancel visas and other documents, including eTAs, TRVs, study permits and work permits.

Regulatory development

Consultation

No public consultations were held on these proposed regulatory amendments in advance of the prepublication process; however, Canada’s air industry and select tourism associations were informed of IRCC’s intention to propose changes through regulations.

Modern treaty obligations and Indigenous engagement and consultation

The proposal would not impact Indigenous peoples and does not involve activities that would intersect with modern treaty rights and obligations.

Instrument choice

This regulatory instrument is the most appropriate tool, as the Regulations may prescribe and govern any matter relating to cancellations under the Act. Internal operational policies and guidelines would supplement the implementation of the proposed Regulations.

Regulatory analysis

Benefits and costs

An important first step in developing a cost-benefit methodology is establishing a baseline scenario against which options may be measured. The baseline scenario is defined as what is likely to happen in the future if the proposed Regulations were not implemented. In this case, the baseline scenario is one where officers would continue using existing authorities and procedures for the cancellation of temporary resident documents. In the regulatory scenario, grounds would be prescribed for when these documents may be cancelled, allowing officers to have more comprehensive and explicit authorities when making a discretionary cancellation decision.

Costs
Government of Canada

Without limiting existing lawful authority to cancel documents, the proposed Regulations would prescribe grounds for when a temporary document and travel authorization may be cancelled, increasing the volume and frequency at which cancellations may take place. Approximately 6 000 additional cancellations would be expected over 10 years.

Although operational processes to implement the proposed cancellation authorities are already in place, the expected increase in cancellations would result in incremental costs to both the CBSA and IRCC.

Transition costs to IRCC include costs for developing updates to program delivery instructions and functional guidance for officers, and information technology updates to internal systems to include reasons for document cancellation. Similarly, the CBSA would also bear transition costs for officer training, and updating program guidance. Total transition costs to both IRCC and the CBSA are estimated at $710,779 present value (PV).

Ongoing costs to IRCC would include costs for incremental risk management activities and integrity assurance, processing costs related to an increase in document cancellations, and information technology system maintenance costs. The total ongoing costs to IRCC are estimated at $1,727,996 PV over 10 years.

Similarly, the CBSA would bear ongoing costs related to quality assurance, operational costs due to an increase in cancellation of documents, and costs for reporting and monitoring activities. The total ongoing costs to the CBSA are estimated at $1,907,510 PV over 10 years.

The total costs to IRCC and the CBSA are estimated at $4,346,285 PV over 10 years.

Foreign nationals

The impact of these changes on foreign nationals is expected to be minimal, considering many of these cancellations are happening already under current practices. In cases where a document is cancelled because a foreign national is inadmissible or has become inadmissible after their entry to Canada, the impacts do not have standing for cost-benefit analysis (CBA) purposes; however, the impacts are acknowledged. For example, a small portion of travellers may be turned back at the airport or at a port of entry in the case of their document being cancelled prior to their entry to Canada. IRCC acts as quickly as practicable to inform foreign nationals, via their IRCC account or via email, when their document is cancelled, including the reason for the cancellation. It is the foreign national’s responsibility to ensure they have the correct and valid document prior to travelling to Canada.

The impacts to foreign nationals, both outside and inside Canada, could include

Airlines

Minimal impacts may also be experienced by airlines who interact with clients who receive a “no board” message when their document is cancelled. IRCC has informed airlines of this proposed change. IRCC will continue to support airlines and travellers as required to help manage these situations.

Benefits

Implementing clearer and consistent regulatory authorities to cancel TRVs or eTAs of those who are no longer admissible or eligible will strengthen the ability to prevent these individuals from travelling to Canada. Cancellation of the document before travel indicates to the foreign national that they will be denied boarding for their flight or denied entry at the land border.

The proposed cancellation authorities will also bring Canada in line with international partners, such as Australia, New Zealand, the United Kingdom, and the United States, who have similar authorities in place, and who share information multilaterally, with a goal to enhance security within these member countries.

Clearer and consistent cancellation authorities are expected to save officers time, resulting in more efficient processes.

Small business lens

Analysis under the small business lens concluded that the proposed Regulations will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no administrative burden on businesses associated with the proposal.

Regulatory cooperation and alignment

There is no formal regulatory cooperation or alignment with other jurisdictions component associated with the proposed amendments.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation

The proposed amendments would come into force upon registration.

In advance of the proposed Regulations coming into force, the CBSA and IRCC would issue updated field guidance in the form of operational bulletins and program manual updates to officers who are responsible for cancelling temporary resident documents. Operational policy would instruct decision makers to inform clients, as necessary, when their temporary resident document or travel authority has been cancelled. Operational guidance would also be updated to reflect any required changes.

Contact

Erin Cato
Senior Director
Admissibility Branch
Immigration, Refugees and Citizenship Canada
Email: erin.cato@cic.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents) under subsection 5(1) and sections 14footnote a and 26footnote b of the Immigration and Refugee Protection Act footnote c.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Erin Cato, Senior Director, Admissibility Branch, Department of Citizenship and Immigration, 180 Kent Street, 8th Floor, Ottawa, Ontario, K1P 0B6 (email: erin.cato@cic.gc.ca).

Ottawa, June 6, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents)

Amendments

1 Section 12.06 of the Immigration and Refugee Protection Regulations footnote 1 is amended by striking out “or” at the end of paragraph (h) and by adding the following after paragraph (i):

2 Section 12.07 of the Regulations is replaced by the following:

Cancellation

12.07 An officer may cancel an electronic travel authorization that was issued to a foreign national if

Cancellation

12.08 An electronic travel authorization that was issued to a foreign national is cancelled if

3 The Regulations are amended by adding the following after section 13.2:

DIVISION 6

Cancellation of Visas or Other Documents

Clarification

13.3 For greater certainty, nothing in these Regulations affects any other lawful authority to cancel a visa or any other document, including an electronic travel authorization, temporary resident visa, work permit and study permit.

4 The Regulations are amended by adding the following after section 180:

Cancellation — Temporary Resident Visa

Cancellation

180.1 An officer may cancel a temporary resident visa that was issued to a foreign national if

Cancellation

180.2 A temporary resident visa that was issued to a foreign national is cancelled if

5 Section 209 of the Regulations is replaced by the following:

Invalidity

209 A work permit becomes invalid when it expires or when it is cancelled under section 209.01, 209.02 or 243.2.

Cancellation due to error

209.01 An officer may cancel a work permit that was issued to a foreign national if the work permit was issued based on an administrative error.

Cancellation

209.02 A work permit that was issued to a foreign national is cancelled if

6 Paragraph 222(1)(b) of the Regulations is replaced by the following:

7 The Regulations are amended by adding the following after section 222:

DIVISION 6

Cancellation — Study Permits

Cancellation due to error

222.1 An officer may cancel a study permit that was issued to a foreign national if the study permit was issued based on an administrative error.

Cancellation

222.2 A study permit that was issued to a foreign national is cancelled if

Coming into Force

8 These Regulations come into force on the day on which they are registered.

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