Vol. 146, No. 8 — April 11, 2012

Registration

SI/2012-20 April 11, 2012

FINANCIAL ADMINISTRATION ACT

Right of Permanent Residence Fees Remission Order (2012)

P.C. 2012-358 March 29, 2012

His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), hereby makes the annexed Right of Permanent Residence Fees Remission Order (2012).

RIGHT OF PERMANENT RESIDENCE FEES REMISSION ORDER (2012)

INTERPRETATION

1. The following definitions apply in this Order.

“Canadian mission worker” means a citizen of Afghanistan who directly supported the Canadian mission in Kandahar province, either

1. (a) as an employee or independent contractor of a department or agency of the federal public administration; or
   
   
2. (b) as an employee or independent contractor of a person or entity that has entered into a contract with a department or agency of the federal public administration. (travailleur de la mission canadienne)
   

“common-law partner” has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)

“JRC” means the Joint Referral Committee, established by the federal public administration and composed of senior officials of the federal public administration. (CMR)

“spouse” means a person who is considered to be a spouse under the Immigration and Refugee Protection Regulations. (époux)

REMISSION

2. Remission is granted, to persons who meet the conditions set out in section 3 and to their spouses or common-law partners, of the fees paid or payable under subsection 303(1) of the Immigration and Refugee Protection Regulations for the acquisition of permanent resident status.

CONDITIONS

3. The remission is granted on the condition that

1. (a) the person
   
   1. 
      (i) was a Canadian mission worker in Kandahar province for at least 12 months, consecutive or not, and
      
      
   2. (ii) at any point between October 9, 2007 and July 31, 2011, served in Kandahar province as an interpreter, cultural advisor or other professional;
      
      
2. (b) on or before September 12, 2011, a form provided by the federal public administration had been submitted to the JRC in accordance with the Temporary Public Policy Concerning Certain Local Staff in Direct Support of the Canadian Mission in Kandahar as of October 9, 2009 but the form was not referred to the Department of Citizenship and Immigration;
   
   
3. (c) the person has received a positive recommendation from a member of the Canadian Forces or an official of the federal public administration;
   
   
4. (d) at the request of the Department of Citizenship and Immigration, the person provides any additional evidence or information that is required to demonstrate that they meet the conditions of this Order; and
   
   
5. (e) the Department of Citizenship and Immigration assessed the person in accordance with the Temporary Public Policy Concerning Certain Local Staff Who Provided Direct Support to the Canadian Mission in Kandahar as of February 2012 and approved the person’s application for permanent residence in Canada.
   
   

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Right of Permanent Residence Fees Remission Order (2012) is being made pursuant to subsection 23(2.1) of the Financial Administration Act.

This fee remission would supplement the Temporary Public Policy Concerning Certain Local Staff who provided Direct Support to the Canadian Mission in Kandahar as of February 2012, which will facilitate the permanent residence in Canada of staff who directly supported the Canadian mission in Kandahar. The fee remission is a benefit which will be granted to those who meet the eligibility criteria of the public policy.

Objective

The purpose of the 2012 public policy is to further highlight and give effect to Canada’s appreciation of the contributions made by interpreters, cultural advisors and locally engaged professionals who directly supported the Canadian mission in Kandahar, and thereby endangered their lives, by facilitating their permanent residence in Canada. The Right of Permanent Residence Fees Remission Order (2012) will support the overall objectives of the 2012 public policy.

Background

The Temporary Public Policy Concerning Certain Local Staff in Direct Support of the Canadian Mission in Kandahar as of October 9, 2009 established eligibility criteria based primarily on extraordinary and individualized risk or injury incurred due to direct involvement in the Canadian mission, as identified by senior officials with Canada’s mission in Afghanistan.

In order to demonstrate strong support for certain Afghan nationals who directly supported Canada’s mission in Kandahar, the Minister has established a new public policy to reassess some of the cases that did not meet the eligibility criteria of the 2009 public policy.

Implications

The public policy has been developed to recognize the specific contributions by local staff to the Canadian mission in Kandahar. Given the unique role of this mission, it is not meant to be replicated in other areas of the world. The public policy is limited to those who had submitted referral forms under the 2009 public policy, which was linked to Canada’s military mission in Afghanistan.

The remission of the right of permanent residence fees (RPRF) for persons who qualify will cost approximately $61,250 in 2012–13 in foregone revenue.

Consultation

Provinces and territories have been advised of the new public policy. Consultations with the Department of National Defence, Canadian Forces, Canadian International Development Agency, Department of Foreign Affairs, Royal Canadian Mounted Police, Canadian Security Intelligence Service, and Canada Border Services Agency have taken place to ensure smooth implementation.

Departmental contact

For more information, please contact

Beverley McGee
Deputy Director
Social Policy
Immigration Branch
Citizenship and Immigration Canada
Telephone: 613-957-8817
Email: Beverley.McGee@cic.gc.ca

Footnote a
S.C. 1991, c. 24, s. 7(2)

Footnote b
R.S., c. F-11

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