Vol. 143, No. 23 — November 11, 2009

Registration

SOR/2009-290 October 22, 2009

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Immigration and Refugee Protection Regulations

P.C. 2009-1751 October 22, 2009

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, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1), section 32, subsection 102(1) and section 116 of the Immigration and Refugee Protection Act (see footnote c), hereby makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

AMENDMENTS

1. Paragraph 61(1)(c) of the English version of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following:

(c) an organization or enterprise created under the laws of Canada or a province.

2. Subparagraph 159.5(f)(iii) of the English version of the Regulations is replaced by the following:

(iii) a travel document referred to in subsection 31(3) of the Act,

3. Paragraph 160(3)(b) of the French version of the Regulations is replaced by the following:

b) dans le cas de la personne nommée dans le certificat visé au paragraphe 77(1) de la Loi, lorsque le résumé de la preuve est déposé en application du paragraphe 77(2) de la Loi.

4. Section 164 of the French version of the Regulations is replaced by the following:

Demande de protection devant être reçue dans les quinze jours — certificat

164. Malgré l’article 163, la demande de protection d’une personne nommée dans le certificat visé au paragraphe 77(1) de la Loi doit être reçue dans les quinze jours suivant la délivrance de l’avis visé à l’article 160 et ne peut être tranchée avant l’expiration d’un délai de trente jours suivant la délivrance de cet avis.

5. Paragraph 169(a) of the French version of the Regulations is replaced by the following:

a) dans le cas où le demandeur a omis de se présenter à une audience, lorsqu’il omet de se présenter à une audience ultérieure dont il a été avisé;

6. Subsection 173(2) of the Regulations is replaced by the following:

Assessments and response

(2) Before making a decision to cancel or maintain the stay of the removal order, the Minister shall consider the assessments and any written response of the person in respect of whom the stay is being re-examined that is received within 15 days after the assessments are given to that person.

COMING INTO FORCE

7. 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.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has completed a review of the Immigration and Refugee Protection Regulations (IRPR) and has noted various technical errors and inconsistencies that require attention by Citizenship and Immigration Canada (CIC).

The amendments will correct the errors and inconsistencies noted by the SJCSR.

Description

The amendments to the IRPR fall broadly into the following two categories:

• Ensuring consistency between the English and French versions of the text; and
• Amending language where more appropriate and/or more precise language was deemed necessary by the SJCSR.

Rationale

The SJCSR is authorized under the Statutory Instruments Act to scrutinize almost all federal statutory instruments and it reviews hundreds of regulations each year to ensure that

• the executive possessed the statutory authority to make the regulation;
• the regulation complies with applicable laws, including the Canadian Charter of Rights and Freedoms; and
• the executive followed the proper procedure in enacting the regulation or issuing the statutory instrument.

When the SJCSR finds a regulation that does not comply with the aforementioned criteria, it contacts the government body responsible for the instrument. The correspondence between the Committee and that government body will normally result in an amendment.

CIC has been in communication with the SJCSR and acknowledged the need for amendments to the IRPR in a timely manner.

Consultation

Consultations for the regulatory amendments were not required as the changes are not substantive in nature. The amendments have no impact on public policy and present no cost to the Government of Canada or the private sector. CIC has kept the SJCSR apprised of its progress on the required regulatory amendments.

Pursuant to the requirement under subsection 5(2) of the Immigration and Refugee Protection Act, the amendments were tabled before both Houses of Parliament, and were also pre-published for 15 days as a complementary measure. CIC received one comment from the SJCSR suggesting that CIC amend the proposed wording of paragraph 61(1)(c) to ensure consistency of the English and French versions. CIC has agreed and has amended paragraph 61(1)(c) to read “(…) under the laws of Canada (…)” and “ (…) sous le régime du droit fédéral (…).”

Contact

Colin Boyd
Director
Cabinet Briefings and Regulatory Affairs
Strategic Policy Branch
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Telephone: 613-957-5981
Fax: 613-954-5896
Email: colin.boyd@cic.gc.ca

Footnote a
S.C. 2008, c. 3, s. 2

Footnote b
S.C. 2001, c. 27

Footnote c
S.C. 2001, c. 27

Footnote 1
SOR/2002-227

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