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Vol. 142, No. 26 — December 24, 2008

Registration

SOR/2008-309 December 12, 2008

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Immigration and Refugee Protection Regulations (2010 Vancouver Olympic and Paralympic Winter Games)

P.C. 2008-1898 December 12, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 5(1) and 14(2) and sections 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 (2010 Vancouver Olympic and Paralympic Winter Games).

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (2010 VANCOUVER OLYMPIC AND
PARALYMPIC WINTER GAMES)

 


AMENDMENTS

 

1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 193:

 

PART 10.1

 

2010 VANCOUVER OLYMPIC AND PARALYMPIC WINTER GAMES

Definition of “VANOC”

193.1 In this Part, “VANOC” means the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games that was incorporated under the laws of Canada on September 30, 2003.

Deemed application

193.2 (1) For the purpose of facilitating the entry of foreign nationals described in this Part for the 2010 Olympic or Paralympic Winter Games, a foreign national in respect of whom an officer has received the following information from VANOC is deemed to have made an application in accordance with subsection 11(1) of the Act:

(a) the person’s surname, first name and any middle names;

(b) the person’s gender;

(c) the person’s date and place of birth;

(d) the person’s country of citizenship;

(e) the person’s place and country of residence;

(f) the person’s passport number, the passport’s date of expiry and the country of issue or, if the person does not have a passport, the number on the travel document that identifies the person, the travel document’s date of expiry and the issuer of the travel document;

(g) the person’s intended function at the 2010 Olympic or Paralympic Winter Games, as the case may be; and

(h) confirmation that the person is registered as an Olympic or Paralympic family member by VANOC.

Deemed application for temporary resident visa

(2) If an officer determines that the foreign national requires a temporary resident visa, the foreign national is deemed to have applied for a multiple-entry temporary resident visa.

Deemed application for work permit

(3) If an officer determines that the foreign national requires a work permit to perform their intended function at the 2010 Olympic or Paralympic Winter Games, the foreign national is deemed to have applied for a work permit to perform that function in accordance with Division 2 of Part 11.

Deemed application for temporary resident permit

(4) If an officer determines that the foreign national is inadmissible or does not meet the requirements of the Act and these Regulations, the foreign national is deemed to have applied for a temporary resident permit.

Issuance of temporary resident visa

193.3 (1) An officer may issue a temporary resident visa to a foreign national in respect of whom the information referred to in subsection 193.2(1) is received if, following an examination, it is established that the foreign national

(a) requires a temporary resident visa;

(b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

(c) holds a passport or other document that they may use to enter the country that issued it or another country;

(d) is not inadmissible;

(e) meets the requirements of section 30; and

(f) is approved for accreditation by VANOC for the 2010 Olympic or Paralympic Winter Games.

Period of entry

(2) A temporary resident visa issued under subsection (1) shall authorize the foreign national to enter Canada during

(a) the period that begins on December 12, 2009 and ends on March 28, 2010, if the foreign national is approved for accreditation by VANOC for the 2010 Olympic Winter Games; or

(b) the period that begins on January 12, 2010 and ends on April 21, 2010, if the foreign national is approved for accreditation by VANOC for the 2010 Paralympic Winter Games.

Work permits — Olympic Games

193.4 (1) A work permit authorizing a foreign national to perform a function at the 2010 Olympic Winter Games shall not be issued further to an application referred to in subsection 193.2(3) unless the foreign national is approved for accreditation for those Games.

Work permits — Paralympic Games

(2) A work permit authorizing a foreign national to perform a function at the 2010 Paralympic Winter Games shall not be issued further to an application referred to in subsection 193.2(3) unless the foreign national is approved for accreditation for those Games.

Requirements not applicable

193.5 Sections 10 to 12 and subsections 296(1), 297(1), 298(1) and 299(1) do not apply to an application that is deemed to be made under this Part.

 

2. Part 10.1 of the Regulations, as enacted by section 1, is repealed.

 


COMING INTO FORCE

 

3. (1) These Regulations, except section 2, come into force on the day on which they are registered.

 

(2) Section 2 comes into force on April 22, 2010.

 

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

As part of our responsibility as host country for the 2010 Olympic and Paralympic Winter Games (Games), the Department of Citizenship and Immigration (CIC) has committed to facilitate the entry of foreign national “Olympic/Paralympic Family Members” (OFM/PFM), as defined by the International Olympic Committee. As a result, the amendments to the Immigration and Refugee Protection Regulations (Regulations) are designed to streamline and centralize the immigration process requirements, thereby facilitating entry for foreign national OFM/PFM without compromising the health and safety of Canadians.

Description and rationale

Under these amendments to the Regulations, a foreign national OFM/PFM who has submitted information through the Vancouver Organizing Committee (VANOC) is deemed to have made an application under the Immigration and Refugee Protection Act (IRPA). The application would be considered an application for a multiple-entry temporary resident visa, a temporary resident permit, and/or an application for a work permit, as required.

These Regulations also specify that in order to be issued a multiple-entry temporary resident visa and/or a work permit, OFM/PFM must first be approved for accreditation by VANOC, thereby confirming their purpose for entering Canada. It is estimated that nearly 7000 foreign national OFM/PFM will be processed under these Regulations.

In addition, the amendments specify a period of entry, and fees normally associated with these applications would not apply.

Lastly, as these regulatory amendments have been designed for the 2010 Games only, a sunset clause is included to repeal these Regulations. These Regulations will be repealed on April 22, 2010.

The amendments create a streamlined and centralized immigration process that facilitates entry without compromising the integrity of Canada’s immigration programs or the health and safety of the Canadian public. All foreign national OFM/PFM deemed to have applied under these Regulations will be subject to the inadmissibility provisions in IRPA.

Consultation

The regulatory amendments were developed after consultation with the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Canadian Security Intelligence Service (CSIS) and Human Resources and Skills Development Canada (HRSDC), as well as VANOC. There were no objections to the elements put forward in the attached regulatory amendments.

Implementation, enforcement and service standards

CIC will ensure that all foreign national OFM/PFM are aware of the immigration requirements to participate in and/or work at the 2010 Games. In addition, CBSA officers will receive appropriate training to apply these Regulations; these amendments are expected to result in minimal disruption to the ports of entry.

Contact

Paul Desautels
Director
Temporary Resident Program Delivery
365 Laurier Avenue
Ottawa, Ontario
K1A 1L1
Email: paul.desautels@cic.gc.ca

Footnote a
S.C. 2001, c. 27

Footnote 1
SOR/2002-227


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