Faster Removal of Foreign Criminals Act (S.C. 2013, c. 16)

Assented to 2013-06-19

Faster Removal of Foreign Criminals Act

S.C. 2013, c. 16

Assented to 2013-06-19

An Act to amend the Immigration and Refugee Protection Act

SUMMARY

This enactment amends the Immigration and Refugee Protection Act to limit the review mechanisms for certain foreign nationals and permanent residents who are inadmissible on such grounds as serious criminality. It also amends the Act to provide for the denial of temporary resident status to foreign nationals based on public policy considerations and provides for the entry into Canada of certain foreign nationals, including family members, who would otherwise be inadmissible. Finally, this enactment provides for the mandatory imposition of minimum conditions on permanent residents or foreign nationals who are the subject of a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security or who, on grounds of security, are named in a certificate that is referred to the Federal Court.

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 Faster Removal of Foreign Criminals Act.

2001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT

Marginal note:2005, c. 38, s.118

 Paragraph 4(2)(d) of the Immigration and Refugee Protection Act is replaced by the following:

  • (d) declarations referred to in section 42.1.

 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 section 22.1 or subsection 42.1(1) or (2) or 77(1).

 Subsection 14(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (f.1) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with undertakings; and

  •  (1) Section 16 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Obligation — appear for examination

      (1.1) A person who makes an application must, on request of an officer, appear for an examination.

  • (2) Section 16 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Obligation — interview

      (2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.

 Section 20 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Declaration

    (1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.

 Subsection 22(1) of the Act is replaced by the following:

Marginal note:Temporary resident
  • 22. (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b), is not inadmissible and is not the subject of a declaration made under subsection 22.1(1).

 The Act is amended by adding the following after section 22:

Marginal note:Declaration
  • 22.1 (1) The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.

  • Marginal note:Effective period

    (2) A declaration has effect for the period specified by the Minister, which is not to exceed 36 months.

  • Marginal note:Revocation

    (3) The Minister may, at any time, revoke a declaration or shorten its effective period.

  • Marginal note:Report to Parliament

    (4) The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations.

Marginal note:2010, c. 8, s. 4(1)

 Subsection 25(1) of the Act is replaced by the following:

Marginal note:Humanitarian and compassionate considerations — request of foreign national
  • 25. (1) The Minister must, on request of a foreign national in Canada who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 —, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Marginal note:2010, c. 8, s. 5

 Subsection 25.1(1) of the Act is replaced by the following:

Marginal note:Humanitarian and compassionate considerations — Minister’s own initiative
  • 25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

 Section 26 of the Act is amended by adding the following after paragraph (b):

  • (b.1) declarations referred to in subsection 22.1(1);

 Section 32 of the Act is amended by adding the following after paragraph (d):

  • (d.1) the conditions that must or may be imposed, individually or by class, on individ- uals and entities — including employers and educational institutions — in respect of permanent residents and foreign nationals, or that must or may be varied or cancelled;

  • (d.2) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);

  • (d.3) the consequences of a failure to comply with the conditions referred to in paragraphs (d) and (d.1);

 
Date modified: