Protecting Canada’s Immigration System Act (S.C. 2012, c. 17)

Assented to 2012-06-28

Protecting Canada’s Immigration System Act

S.C. 2012, c. 17

Assented to 2012-06-28

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

SUMMARY

This enactment amends the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act to, among other things, provide for the expediting of the processing of refugee protection claims.

The Immigration and Refugee Protection Act is also amended to authorize the Minister, in certain circumstances, to designate as an irregular arrival the arrival in Canada of a group of persons and to provide for the effects of such a designation in respect of those persons, including in relation to detention, conditions of release from detention and applications for permanent resident status. In addition, the enactment amends certain enforcement provisions of that Act, notably to expand the scope of the offence of human smuggling and to provide for minimum punishments in relation to that offence. Furthermore, the enactment amends that Act to expand sponsorship options in respect of foreign nationals and to require the provision of biometric information when an application for a temporary resident visa, study permit or work permit is made.

In addition, the enactment amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information that is required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence in respect of vessels that fail to comply with ministerial directions and authorizes the making of regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.

Finally, the enactment amends the Department of Citizenship and Immigration Act to enhance the authority for the Minister of Citizenship and Immigration to enter into agreements and arrangements with foreign governments, and to provide services to the Canada Border Services Agency.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Protecting Canada’s Immigration System Act.

2001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT

 Subsection 2(1) of the Immigration and Refugee Protection Act is amended by adding the following in alphabetical order:

“designated foreign national”

« étranger désigné »

“designated foreign national” has the meaning assigned by subsection 20.1(2).

 Subsection 6(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) Despite subsection (2), the Minister may not delegate the power conferred by subsection 20.1(1) or 77(1) or the ability to make determinations under subsection 34(2) or 35(2) or paragraph 37(2)(a).

 The headings before section 11 of the Act are replaced by the following:

PART 1IMMIGRATION TO CANADA

Division 1Requirements and Selection

Requirements

 Section 11 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Restriction

    (1.1) A designated foreign national may not make an application for permanent residence under subsection (1)

    • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

    • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

    • (c) in any other case, until five years after the day on which they become a designated foreign national.

  • Marginal note:Suspension of application

    (1.2) The processing of an application for permanent residence under subsection (1) of a foreign national who, after the application is made, becomes a designated foreign national is suspended

    • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

    • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

    • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

  • Marginal note:Refusal to consider application

    (1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) if

    • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

    • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.1) or (1.2).