Regulations Amending the Immigration and Refugee Protection Regulations (Work Permit Exemption): SOR/2018-249

Canada Gazette, Part II, Volume 152, Number 25

Registration

SOR/2018-249 November 23, 2018

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2018-1431 November 22, 2018

Whereas, pursuant to subsection 5(2) footnote a of the Immigration and Refugee Protection Act footnote b, the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations (Work Permit Exemption) to be laid before each House of Parliament, in the annexed form;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and paragraphs 14(2)(b) and 32(b) of the Immigration and Refugee Protection Act footnote b, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Work Permit Exemption).

Regulations Amending the Immigration and Refugee Protection Regulations (Work Permit Exemption)

Amendment

1 Section 186 of the Immigration and Refugee Protection Regulations footnote 1 is amended by striking out “or” at the end of paragraph (v), by adding “or” at the end of paragraph (w) and by adding the following after paragraph (w):

Coming into Force

2 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.)

Issues

Although the Immigration and Refugee Protection Act provides a right to enter and remain in Canada for all individuals who are registered Indians under the Indian Act, the Immigration and Refugee Protection Regulations (the Regulations) do not expressly exempt registered Indians from the requirement to obtain a work permit to work in Canada. Introducing such an exemption will be more aligned with policy intent and the right of entry.

Background

The 1976 Immigration Act, by virtue of subsection 4(3), granted Indians registered under the Indian Act the same rights and obligations that Canadian citizens had under immigration legislation. This meant that a registered Indian had the right to enter and remain in Canada and had, among other rights, the right to work in Canada without needing a work authorization.

The 1976 legislation was replaced with Bill C-11, the Immigration and Refugee Protection Act (the Act), which came into force on June 28, 2002, and is in force today. The Act carried forward the right of entry principle by specifically stating that a registered Indian has the right to enter and remain in Canada under subsection 19(1). However, there were no additional rights or exemptions specified elsewhere in the Act or the Regulations.

In examining the briefing products developed by Immigration, Refugees and Citizenship Canada (the Department) in 2001 for the analysis of Bill C-11 and the Regulations that were published in the Canada Gazette, Part I (December 15, 2001, Vol. 135, No. 50), and Part II (June 14, 2002, Extra Vol. 136, No. 9), no evidence was found to suggest that the removal of the right to work without a permit under the Act was intended. It is also worth noting that, as a matter of practice, Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency do not typically require Indians who are registered under the Indian Act to obtain a work permit to work in Canada.

A similar gap was addressed in 2014 by providing “an exemption from the requirement to obtain a study permit for foreign nationals who are registered Indians under Canada’s Indian Act” (Canada Gazette, Part II, Vol. 148, No. 4, February 12, 2014). The current regulatory amendment is consistent with and complements the 2014 amendment by ensuring that exemptions for registered Indians are made explicit in the Regulations.

Objectives

The objective of this amendment is to ensure that all individuals who enter Canada and are registered as Indians under the Indian Act are exempt from the requirement to obtain a work permit by amending the relevant work permit provision of the Regulations.

Description

The regulatory amendment will ensure that all individuals who enter Canada and are registered as Indians under the Indian Act are not required to obtain a work permit.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this regulatory amendment, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this regulatory amendment, as there are no costs to small business.

Consultation

This regulatory package was prepublished in the Canada Gazette, Part I, on June 16, 2018, followed by a 30-day comment period. No comments were received during the consultation period.

Consultations with key federal departments and agencies were conducted prior to the prepublication of the regulatory amendment, including the Department of Justice, the Canada Border Services Agency and Crown-Indigenous Relations and Northern Affairs Canada.

Rationale

An explicit regulatory exemption from the requirement for a work permit will provide transparency and clarity regarding the requirements to work in Canada. All registered Indians who wish to work in Canada will be assured of their legal right to work in Canada without a permit.

This amendment will also provide clarity to Canadian employers that all registered Indians can work in Canada without a work permit and will ensure that work permit requirements do not limit labour mobility or competition opportunities for registered Indians in Canada. The amendment will not impose any direct costs on business, registered Indians, or Canadians. Likewise, the amendment will not result in any processing costs for the federal government, as the amendment is consistent with the current practice of not requiring work permits for registered Indians.

Implementation, enforcement and service standards

Immigration, Refugees and Citizenship Canada anticipates implementing this change, if approved, in the fall of 2018.

The Department will issue operational instructions to advise staff, including port of entry officers of the Canada Border Services Agency, of the amended Regulations. The public and stakeholders are informed of these changes via publication of the Regulations in the Canada Gazette, Part II.

Contact

Maureen Tsai
Director
Migration Control and Horizontal Policy
Admissibility Branch
Immigration, Refugees and Citizenship Canada
180 Kent Street
Ottawa, Ontario
K1A 1L1
Telephone: 613-437-5944
Email: Maureen.Tsai@cic.gc.ca