ARCHIVED — Vol. 146, No. 26 — December 19, 2012

Registration

SI/2012-94 December 19, 2012

IMMIGRATION AND REFUGEE PROTECTION ACT

Order Fixing December 15, 2012 as the Day on which Certain Sections of the Act Come into Force

P.C. 2012-1586 November 29, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness, pursuant to section 275 of the Immigration and Refugee Protection Act, chapter 27 of the Statutes of Canada, 2001, fixes December 15, 2012 as the day on which sections 73, 110, 111, 171, 194 and 195 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order fixes December 15, 2012, as the day on which sections 73, 110, 111, 171, 194, and 195 of the Immigration and Refugee Protection Act (the Act), chapter 27 of the Statutes of Canada 2001, comes into force.

Objective

This Order will bring into force unproclaimed sections of the Immigration and Refugee Protection Act (IRPA) related to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board (IRB).

Background

The Act received Royal Assent on November 1, 2001, and the majority of its provisions came into force on June 28, 2002. The provisions relating to the RAD — a mechanism provided in the Act so as to provide a right to appeal a decision of the RPD — were not implemented at that time, and remained unproclaimed.

The Balanced Refugee Reform Act (BRRA), which received Royal Assent on June 29, 2010, amended the Act to bring sections 73, 110, 111, 171, 194, and 195 into force two years after the BRRA received Royal Assent, or on any earlier day fixed by the Governor in Council.

However, additional changes to Canada’s refugee determination system were introduced by the Protecting Canada’s Immigration System Act (PCISA), which received Royal Assent on June 28, 2012. The PCISA further amended the Act to bring sections 73, 110, 111, 171, 194, and 195 into force on a day fixed by the Governor in Council.

The sections being brought into force by this Order — as amended by the BRRA and PCISA — make several changes to Canada’s refugee determination system, including the provision of the right of the Minister to make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, as well as describing the making of an appeal, restrictions, procedures, types of decisions, referrals, time limits, acceptable evidence and exceptions relating to an appeal at the RAD.

The PCISA introduced changes that built on reforms to the asylum system provided for in the BRRA. Budget 2010 allocated $550.9 million for refugee reform over five years to cover the cost of the new system, reduce the backlog in asylum claims, and resettle additional refugees from overseas. No incremental financial resources are being sought for the implementation of the RAD. The initiative will require partners to re-profile funds for the new system within existing reference levels.

Consultation

The Standing Committee on Citizenship and Immigration conducted two weeks of hearings concerning Bill C-31 (PCISA) and heard from over two dozen witnesses, including representatives from many stakeholder organizations. As a result of these consultations with Canadians, refugee advocates and parliamentarians, the Government introduced amendments to Bill C-31 in response to the concerns expressed. The unproclaimed sections of the Act with respect to the RAD, however, were not further amended as a result of these consultations.

Departmental contact

Andre Baril
Director
Asylum Policy and Programs
Refugee Affairs Branch
Citizenship and Immigration Canada
365 Laurier Avenue W
Ottawa, Ontario
K1A 1L1
Email: Andre.Baril@cic.gc.ca