Protecting Canada’s Immigration System Act (S.C. 2012, c. 17)
Full Document:
Assented to 2012-06-28
57. Section 11.1 of the Act is amended by replacing the section 107.1 that it enacts with the following:
Marginal note:Manifestly unfounded
107.1 If the Refugee Protection Division rejects a claim for refugee protection, it must state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent.
58. Section 12 of the Act is amended by replacing the section 109.1 that it enacts with the following:
Marginal note:Designation of countries of origin
109.1 (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1.
Marginal note:Limitation
(2) The Minister may only make a designation
(a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister,
(i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or
(ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or
(b) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question
(i) there is an independent judicial system,
(ii) basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and
(iii) civil society organizations exist.
Marginal note:Order of Minister
(3) The Minister may, by order, provide for the number, period or percentages referred to in subsection (2).
Marginal note:Statutory Instruments Act
(4) An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.
59. Section 14.1 of the Act is amended by replacing the section 111.1 that it enacts with the following:
Marginal note:Regulations
111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting
(a) time limits for the provision of documents and information under subsection 99(3.1) or 100(4);
(b) time limits for the hearing referred to in subsection 100(4.1);
(c) exceptions to the application of paragraph 110(2)(d);
(d) time limits for the filing and perfecting of an appeal under subsection 110(2.1); and
(e) time limits for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances in which they do not apply.
Marginal note:Clarification — regulations made under paragraph (1)(b)
(2) With respect to claimants who are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1), regulations made under paragraph (1)(b) may provide for time limits that are different from the time limits for other claimants.
60. (1) Subsection 15(1) of the Act is amended by replacing the portion of subsection 112(1.2) before paragraph (a) that it enacts with the following:
Marginal note:Suspension of application
(1.2) Despite subsection 105(1), proceedings of the Refugee Protection Division in respect of an application are suspended on notice by an officer that
(2) Subsection 15(3) of the Act is amended by replacing the paragraph 112(2)(b.1) that it enacts with the following:
(b.1) subject to subsection (2.1), less than 12 months have passed since their claim for refugee protection was last rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division;
(3) Subsection 15(4) of the Act is amended by replacing the portion of subsection 112(2.1) before paragraph (a) that it enacts with the following:
Marginal note:Exemption
(2.1) The Minister may exempt from the application of paragraph (2)(b.1) or (c)
61. Section 20 of the Act is amended by replacing the paragraphs 161(1)(a) and (a.1) that it enacts with the following:
(a) the referral of a claim for refugee protection to the Refugee Protection Division;
(a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);
62. Section 21 of the Act is repealed.
63. Section 23 of the Act is amended by replacing the subsection 167(1) that it enacts with the following:
Marginal note:Right to counsel
167. (1) A person who is the subject of proceedings before any Division of the Board and the Minister may, at their own expense, be represented by legal or other counsel.
64. Section 24 of the Act is repealed.
65. Subsection 25(3) of the Act is amended by replacing the French version of the subsection 169(2) that it enacts with the following:
Marginal note:Règlements
(2) Les règlements régissent les modalités de communication de la notification des décisions de la Section de la protection des réfugiés portant sur les demandes de protection ainsi que de ses motifs écrits.
66. Sections 33 and 34 of the Act are replaced by the following:
Marginal note:Refugee protection claim referred
33. (1) Except its subsections 100(4) and (4.1), the Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection that is referred to the Refugee Protection Division before the day on which this section comes into force if, before that day, there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard.
Marginal note:Personal Information Form
(2) If a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules as they read immediately before the day on which this section comes into force, has not been submitted in respect of a claim that is referred to the Refugee Protection Division before that day and the time limit for submitting that Form has not expired, the claimant must submit that Form in accordance with those Rules, as they read on that day.
Marginal note:Hearing date
(3) If, before the day on which this section comes into force, no date has been fixed for the hearing before the Refugee Protection Division in respect of a claim that is referred to that Division before that day, an official of the Immigration and Refugee Board must fix the date on which the claimant is to attend the hearing.
Marginal note:Member who is assigned
34. A member who is assigned to the Refugee Protection Division under paragraph 159(1)(b) of the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 19(1) of this Act comes into force, may, if authorized by the Chairperson, remain assigned to that Division. However, the member may hear and make decisions only in respect of claims for refugee protection referred to that Division before that day.
67. Subsection 35(2) of the Act is replaced by the following:
Marginal note:Single member unable to continue
(2) If the single member is unable to continue to hear the claim, the claim must be referred to another member of the Refugee Protection Division, and that member must commence a new hearing in accordance with the Immigration and Refugee Protection Act, as amended by this Act.
68. Sections 36 to 37.1 of the Act are replaced by the following:
Marginal note:No appeal
36. (1) A decision made by the Refugee Protection Division in respect of a claim for refugee protection that was referred to that Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.
Marginal note:Application made before expiry of 12-month waiting period
(2) An application made under subsection 112(1) of the Immigration and Refugee Protection Act before the day on which this section comes into force is terminated if it was made before the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of that Act, as enacted by subsection 15(3).
Marginal note:Decision set aside in judicial review
37. If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and is to be considered in accordance with that Act, as amended by this Act. However, the member’s decision is not subject to appeal to the Refugee Appeal Division.
Marginal note:Application for protection
37.1 Subject to regulations made under subsection 201.1 of the Immigration and Refugee Protection Act, an application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with that Act, as amended by this Act.
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