Vol. 137, No. 13 — June 18, 2003

Registration
SOR/2003-197 5 June, 2003

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Immigration and Refugee Protection Regulations

P.C. 2003-850 5 June, 2003

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and sections 14, 26 and 89 of the Immigration and Refugee Protection Act (see footnote a) , hereby makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

AMENDMENTS

1. (1) Section 52 of the Immigration and Refugee Protection Regulations (see footnote 1)  is amended by adding the following after subsection (1):

Seafarer's identity document

(1.1) A foreign national seeking to enter Canada to become a member of a crew of a vessel must, in addition to the requirements of subsection (1), hold a seafarer's identity document issued under International Labour Organization conventions.

(2) Paragraph 52(2)(f) of the Regulations is replaced by the following:

• (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications.

2. Subparagraphs 190(3)(a)(i) and (ii) of the Regulations are replaced by the following:

• • (i) to work as a member of a crew of a means of transportation, other than a vessel, bound for Canada or in Canada, or
    (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

3. Subsection 298(2) of the Regulations is amended by striking out the word "and" at the end of paragraph (a), by adding the word "and" at the end of paragraph (b), and by adding the following after paragraph (b):

• (c) a person seeking to enter and remain in Canada during the period beginning on June 11, 2003 and ending on June 12, 2003, if the person
  • (i) is seeking to enter and remain in Canada solely
    • (A) to work as a member of a crew of a means of transportation that is a vessel bound for Canada or in Canada, or
      (B) to transit through Canada after working, or to work, as a member of a crew of a means of transportation that is a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada, and
    (ii) does not hold a temporary resident visa but is not otherwise inadmissible.

COMING INTO FORCE

4. These Regulations come into force on June 11, 2003.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Subsection 11(1) of the Immigration and Refugee Protection Act requires every visitor to apply for and obtain a visa before entering Canada, except in such cases as are prescribed. The Immigration and Refugee Protection Regulations exempt certain nationals as well as certain groups of persons from the requirement to obtain a temporary resident visa. The amendment to the Immigration and Refugee Protection Regulations require seafarers coming to Canada to join ships to hold a passport, a seafarer's identity document and, if they are nationals of a non-visa exempt country, to hold a temporary resident visa.

Purpose of these provisions

There is a high incidence of fraudulent use of seafarer's identity documents resulting in relatively easy access to airlines and Canada. The visa exemption that was given to this particular group increases Canada's vulnerability to persons who may be a danger to the public or who may threaten national security.

The amendment to the regulatory provisions gives officers at the ports of entry a reliable means to identify genuine seafarers seeking to enter Canada to join a vessel and deny access to Canada to inadmissible foreign nationals. Seafarer's identity documents contain few security features and are readily obtained through theft and corruption. Historically, visa requirements have proven to be an effective component of our immigration control strategy.

What the regulations do

This amendment to paragraphs 52(2)(f) and 190(3)(a), removes the passport and visa exemptions given to seafarers seeking to enter Canada to join a ship. The amendment to paragraph 298(2) provides a transitional provision to facilitate entry to Canada of seafarers joining ships in Canada during the first 48 hours of these new measures coming into force.

What has changed

Under the former regulations all members of a crew, including seafarers joining their ship in Canada, were exempt from the temporary resident visa requirement and the requirement to hold a national passport. The only document required for their entry was their seafarer's identity document.

The new regulations distinguish the seafarers seeking to enter Canada to join their ship from other members of a crew. The new regulations remove the visa and national passport exemptions for seafarers joining their ship in Canada and impose on them the same requirements as all other temporary residents.

This amendment will not affect other members of a crew arriving onboard a ship or crew members of all other means of transportation. These groups will continue to benefit from the visa and passport exemption since abuse in these areas has not been identified as a major problem.

Alternatives

The fraudulent use of seafarer's identity documents is a relatively easy means to gain access to airlines and to North America. At a time when national security and anti-terrorism are high priorities, there are no viable alternatives to the removal of the temporary resident visa exemption and the exemption to the passport requirement.

Costs and Benefits

Benefits

The removal of the temporary resident visa exemption and imposition of a passport requirement for this group will reduce the number of bogus seafarers attempting to enter Canada with fraudulent documents and will result in lowering the overall cost of removal from Canada of such persons.

It will help commercial carriers to properly identify the foreign nationals they carry to Canada. In addition it will help them reduce the administrative fees that result from transporting improperly documented foreign nationals to Canada. These measures will facilitate the processing of legitimate seafarers joining their ship in Canada.

Cost

Combined costs to offer visa services are estimated to be $500K in the first year, $1M in the second year and $200K for subsequent years. Annual revenue generation is projected to be $281K. The cost recovery processing fees associated with the transitional process will be negligible.

Consultation

Consultations with provincial governments and industry representatives were undertaken in the development of this policy. At no time were concerns raised regarding this item. The Shipping Federation of Canada confirmed in writing their support for this initiative.

Advance notice of the government's intention to adopt these Regulations has not occurred, as this would likely magnify the abuse of fraudulent seafarer's identity documents during the period in advance of the coming into force of the amendment.

Compliance and Enforcement

Seafarers from visa required countries who are travelling to Canada to join a ship must obtain a visa prior to their departure to Canada. Airline personnel examine all the seafarers documents to ensure compliance with entry requirements prior to allowing passengers to board the aircraft. Failure to do so could subject the airline to financial penalties.

All persons, including those in possession of a temporary resident visa, are subject to an examination by an officer upon arrival at a port of entry. If, after a review of the facts of the case, it is determined that their entry would be contrary to the Act or regulations, these foreign nationals may be removed.

Gender-based Analysis

By occupation, seafarers are disproportionately men and the increased document requirements will therefore affect men more. Other gender impacts and diversity implications are not identifiable at this time.

Contact

• Caroline Melis
  Director
  Policy Development and Co-ordination Enforcement Branch
  Citizenship and Immigration Canada
  Jean Edmonds Towers North
  300 Slater Street
  Ottawa, Ontario
  Telephone: (613) 954-4890
  FAX: (613) 952-9187

Footnote a 

S.C. 2001, c. 27

Footnote 1 

SOR/2002-227

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