Vol. 148, No. 13 — June 18, 2014
SOR/2014-139 May 29, 2014
IMMIGRATION AND REFUGEE PROTECTION ACT
Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program)
P.C. 2014-625 May 29, 2014
Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program), substantially in the annexed form, to be laid before each House of Parliament;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 5(1) and sections 32 (see footnote c) and 116 of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program).
REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (MISCELLANEOUS PROGRAM)
1. Paragraph 50(1)(c) of the French version of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following:
- c) un titre de voyage ou une pièce d’identité délivré par un pays aux résidents non-ressortissants, aux réfugiés ou aux apatrides qui sont dans l’impossibilité d’obtenir un passeport ou autre titre de voyage auprès de leur pays de citoyenneté ou de nationalité, ou qui n’ont pas de pays de citoyenneté ou de nationalité;
2. The portion of subsection 58(1) of the Regulations before paragraph (a) is replaced by the following:
Providing address within 180 days
58. (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after the day on which they become a permanent resident, their address in Canada and, on the request of an officer,
3. Paragraph 62(1)(a) of the French version of the Regulations is replaced by the following:
- a) soit le rapport établi par l’agent en vertu du paragraphe 44(1) de la Loi pour le motif que le résident permanent ne s’est pas conformé à l’obligation de résidence;
4. Subsection 161(1) of the Regulations is replaced by the following:
161. (1) Subject to section 166, a person applying for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or solicitor or other counsel.
5. Subparagraph 200(3)(e)(i) of the French version of the Regulations is replaced by the following:
- (i) une période de six mois s’est écoulée depuis soit la cessation des études ou du travail faits sans autorisation ou permis, soit le non-respect des conditions de l’autorisation ou du permis,
6. Paragraph 206(1)(b) of the French version of the Regulations is replaced by the following:
- b) il fait l’objet d’une mesure de renvoi qui ne peut être exécutée.
COMING INTO FORCE
7. 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 and objectives
In 2006, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), a parliamentary committee whose mandate involves reviewing and scrutinizing federal statutory instruments, after reviewing the Immigration and Refugee Protection Regulations (the Regulations) submitted its comments noting various technical errors and inconsistencies that require attention by Citizenship and Immigration Canada (CIC). These include inconsistencies between the English and French versions of the Regulations, inconsistencies in terminology throughout the Regulations and the need to clarify certain provisions. CIC seeks to ensure that the technical wording of the Regulations is internally consistent and accurate in each official language and that the Regulations are clear and consistent as a whole.
The Regulations are being amended in order to correct technical inconsistencies, including those identified by the SJCSR in 2006 and others identified by CIC. The regulatory amendments fall into two broad categories
- Harmonizing the English and French versions of the Regulations. For example, this includes amendments to ensure that both the English and French versions of the Regulations are written in the same verb tense.
- Correcting instances where more precise or appropriate language could be used to express the policy intent of the Regulations, in either the English or French versions. The amendments make non-substantive clarifications, such as specifying precise references to related provisions in the Regulations or providing more detailed explanations or descriptions of the intent of certain provisions.
The amendments to the Regulations are administrative in nature, do not impose new restrictions or regulatory burdens on individuals or businesses and will have little impact on Canadians. Therefore, no consultations were conducted.
The “One-for-One” Rule does not apply to these amendments, as there are no changes in administrative costs to business.
Small business lens
The small business lens does not apply to these amendments, as there are no costs to small businesses.
These regulatory amendments are a response to the SJCSR’s review of the Regulations. The amendments do not impose any costs on government or stakeholders. The amendments ensure harmonization between the English and French versions of the Regulations and ensure their precision and clarity.
Implementation, enforcement and service standards
The amendments are administrative in nature and do not impose new restrictions or regulatory burdens on individuals or industry. Therefore, no changes to the manner in which the Regulations are implemented or enforced are anticipated.
Cabinet, Parliamentary and Regulatory Affairs
Citizenship and Immigration Canada
365 Laurier Avenue West