Vol. 145, No. 14 — July 6, 2011

Registration

SOR/2011-125 June 16, 2011

IMMIGRATION AND REFUGEE PROTECTION ACT

ARCHIVED — Regulations Amending the Immigration and Refugee Protection Regulations

P.C. 2011-619 June 16, 2011

His 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 section 26 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), hereby makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

AMENDMENTS

1. Paragraphs 50(1)(g) and (h) of the Immigration and Refugee Protection Regulations (see footnote 1) are replaced by the following:

  1. (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
    (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or
    (i) a passport issued by the United Kingdom to a British Subject.

2. Paragraphs 52(1)(g) to (i) of the Regulations are replaced by the following:

  1. (g) a passport issued by the United Kingdom to a British Overseas Citizen;
    (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
    (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or
    (j) a passport issued by the United Kingdom to a British Subject.

3. Paragraphs 190(2)(d) and (e) of the Regulations are replaced by the following:

  1. (d) hold a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China;
    (e) hold a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;
    (e.1) hold a passport issued by the United Kingdom to a British Subject which contains the observation that the holder has the right of abode in the United Kingdom; or

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.)

Issue and objectives

The Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) require that a foreign national apply for and obtain a temporary resident visa (TRV) before entering Canada, except in such cases as are prescribed by the IRPR.

As a result of the British Nationality Act of 1981 (United Kingdom), there is a small group of people, mainly people born before 1949 in the Republic of Ireland, India and Pakistan, who are not considered British citizens but, instead, have British subject status. Prior to this amendment, British citizens were exempt from the TRV requirement but British subjects were required under IRPA to obtain a TRV prior to travelling to Canada. This distinction was a bilateral irritant between Canada and the United Kingdom. Consequently, this amendment exempts British subjects who have the right of abode in the United Kingdom from having to apply for and obtain a TRV before entering Canada.

British subject status is the result of the transition from the British Empire to the Commonwealth. As newly independent states developed their own nationality laws, reforms to British legislation ultimately resulted in British subjects who did not automatically obtain a new citizenship; instead, these individuals retained their British subject status. The United Kingdom’s Foreign and Commonwealth Office does not keep statistics on the number of British subjects; however, it is estimated that the population is less than 100 000. Moreover, as the status of British subjects can no longer be transmitted by descent, British subject status will eventually disappear.

This regulatory amendment only affects British subjects who have the right of abode in the United Kingdom, which entails the right to live permanently in the United Kingdom without immigration restrictions, and grants eligibility to apply for British citizenship. This amendment does not apply to British subjects who have right of readmission to the United Kingdom, and therefore are still subject to immigration control.

In addition to introducing a TRV exemption for British subjects with the right of abode in the United Kingdom, this amendment also makes some technical corrective amendments. For example, references made to government and territorial entities in paragraphs 190(2)(d) and 190(2)(e) will be struck out in order to simplify these provisions by referring directly to the United Kingdom and Hong Kong Special Administrative Region of China. In addition, amendments simplifying the French version of paragraph 190(2)(d) have been made in order to remove the reference to “les autorités de.” Finally, parallel modifications, including adding references to British subjects, have been made in sections 50 and 52 of the Regulations in order to provide greater clarity and harmonize these sections with the wording under section 190.

Description and rationale

The regulatory amendment adds holders of British subject passports, who are entitled to right of abode in the United Kingdom, to subsection 190(2) of the IRPR.

It is anticipated that the exemption from the TRV requirement will benefit Canada by facilitating travel to Canada and thereby increasing tourism. The regulatory amendment will also contribute to Canada’s positive relations with the United Kingdom by removing a bilateral irritant. The exemption from the TRV requirement is not expected to have a significant impact on Canadian consumers, competition or the economy. There are no public safety concerns with British subjects with the right of abode in the United Kingdom.

The technical amendments update references made to government and territorial entities in paragraphs 190(2)(d) and 190(2)(e) and simplify the French text of paragraph 190(2)(d). These technical amendments did not expand or restrict the existing visa exemptions.

The updates to the documents required to become a permanent or temporary resident ensure that similar text appears in subsections 50(1) and 52(1) of the IRPR. The updates also clarify that passports issued by the United Kingdom to British subjects are acceptable under the IRPR.

Consultation

Consultations were conducted and input was sought from other federal government departments and agencies, including Public Safety Canada, the Canada Border Services Agency, the Canadian Security Intelligence Service, the Royal Canadian Mounted Police, Foreign Affairs and International Trade Canada, the Department of Justice, and Industry Canada. These departments and agencies provided information and analysis to support the review of the visa requirement for British subjects with the right of abode in the United Kingdom.

Contact

André Valotaire
Director
Admissibility Branch
Citizenship and Immigration Canada
300 Slater Street
Ottawa, Ontario
K1A 1L1
Telephone: 613-954-6243
Fax: 613-952-9187
Email: Andre.Valotaire@cic.gc.ca

Footnote a
S.C. 2010, c. 8, s. 6

Footnote b
S.C. 2001, c. 27

Footnote 1
SOR/2002-227