Vol. 148, No. 9 — April 23, 2014

Registration

SOR/2014-84 April 4, 2014

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Immigration and Refugee Protection Regulations

P.C. 2014-361 April 3, 2014

Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the annexed form, to be laid before each House of Parliament;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 4(2.1) (see footnote c) and 5(1) and sections 14 (see footnote d), 32 (see footnote e) and 150.1 (see footnote f) of the Immigration and Refugee Protection Act (see footnote g), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

AMENDMENTS

1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by replacing “Department of Human Resources and Skills Development” with “Department of Employment and Social Development” in the following provisions:

2. The Regulations are amended by replacing “Minister of Human Resources and Skills Development” with “Minister of Employment and Social Development” in the following provisions:

3. The portion of subsection 209.9(2) of the English version of the Regulations before paragraph (a) is amended by replacing “Minister of Human Resources and Skills Development” with “Minister of Employment and Social Development”.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Immigration and Refugee Protection Regulations (IRPR) require an update to ensure references to departmental names and ministerial titles align with changes enacted through the Economic Action Plan 2013 Act, No. 2. Specifically, the name of the “Department of Human Resources and Skills Development” needs to be changed to the “Department of Employment and Social Development,” and the “Minister of Human Resources and Skills Development” to the “Minister of Employment and Social Development.”

Background

On December 12, 2013, the Economic Action Plan 2013 Act, No. 2 received Royal Assent. As a result, the legal names and titles of the department and the minister were changed from “Department of Human Resources and Skills Development” to “Department of Employment and Social Development” and “Minister of Human Resources and Skills Development” to “Minister of Employment and Social Development,” respectively.

Also on December 12, 2013, the Governor in Council made amendments to the IRPR to provide authority for the Ministers of Human Resources and Skills Development and Citizenship and Immigration to, among other things, conduct inspections to verify compliance with a number of conditions imposed on employers and to prevent employers who, on a regular basis, offer striptease, erotic dance, escort services or erotic massages from hiring temporary foreign workers. These regulatory amendments came into force on December 31, 2013.

Although the Economic Action Plan 2013 Act, No. 2 also included provisions that changed the name of the department and minister to “Employment and Social Development” in existing regulations, those came into force at midnight on December 12, 2013, which was prior to the making of the IRPR amendments by the Governor in Council later that same day. Therefore, the Economic Action Plan 2013 Act, No. 2 provisions concerning the departmental name change did not apply to the IRPR amendments made later that same day.

Objective

The objective of the Regulations is to specify that “Employment and Social Development” has authority under the IRPR to fulfill certain responsibilities in administering the Temporary Foreign Worker Program by amending certain provisions of Division 3 of Part 11 of the IRPR to reflect the new department name and the new title of the minister.

Description

The regulatory amendments to the IRPR specify the provisions where “Department of Human Resources and Skills Development” would be replaced with “Department of Employment and Social Development” and “Minister of Human Resources and Skills Development” with “Minister of Employment and Social Development.” All other references to “Human Resources and Skills Development” in the IRPR were changed to “Employment and Social Development” through the Economic Action Plan 2013 Act, No. 2.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these Regulations as the regulatory amendments are technical in nature and will not add to the administrative burden on businesses.

Small business lens

The small business lens does not apply to these Regulations as the regulatory amendments are technical in nature and will not have an impact on small businesses.

Consultation

The change of the department’s name from “Human Resources and Skills Development” to “Employment and Social Development” has been known to stakeholders since the Economic Action Plan 2013 Act, No. 2 was introduced to Parliament on October 22, 2013, and has generated little to no reaction, either positive or negative.

Rationale

The amendments to the IRPR align the departmental name and the title of the minister with the new name and title effected through the Economic Action Plan 2013 Act, No. 2 on December 12, 2013.

These Regulations impose no costs on external stakeholders or the Canadian Government.

Contact

Campion Carruthers
Director
Temporary Foreign Worker Directorate
Employment and Social Development Canada
140 Promenade du Portage, Phase IV, 4th Floor
Gatineau, Quebec
Fax: 819-994-9544
Email: NA-TFWP-PTET@hrsdc-rhdcc.gc.ca