Vol. 148, No. 17 — August 13, 2014
SOR/2014-185 July 31, 2014
IMMIGRATION AND REFUGEE PROTECTION ACT
Regulations Amending the Immigration and Refugee Protection Regulations (2015 Pan American and Parapan American Games)
P.C. 2014-897 July 31, 2014
His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 5(1) and 14(2) (see footnote a) and sections 26 (see footnote b) and 89 (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (2015 Pan American and Parapan American Games).
REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (2015 PAN AMERICAN AND PARAPAN AMERICAN GAMES)
1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 193:
2015 PAN AMERICAN AND PARAPAN AMERICAN GAMES
Definition of “TO2015”
193.1 In this Part, “TO2015” means the Toronto Organizing Committee for the 2015 Pan American and Parapan American Games that was incorporated under the laws of Ontario on January 21, 2010.
193.2 (1) For the purpose of facilitating the entry into Canada of foreign nationals described in this Part for the 2015 Pan American and Parapan American Games, a foreign national is deemed to have made an application in accordance with subsection 11(1) of the Act if an officer has received the following information from TO2015 in respect of the foreign national:
- (a) their surname, first name and any middle names;
- (b) their gender;
- (c) their date and place of birth;
- (d) their country or countries of citizenship;
- (e) their place and country of residence;
- (f) an email address at which they may be contacted;
- (g) their passport number, the passport’s date of expiry and the country of issue or, if they do not have a passport, the number, date of expiry and issuer of their travel document;
- (h) their intended function at the 2015 Pan American and Parapan American Games; and
- (i) confirmation that they are registered by TO2015 as a 2015 Pan American and Parapan American Games family member as
- (i) a member of a National Olympic Committee or a National Paralympic Committee,
- (ii) a member of the Pan American Sports Organization or the International Paralympic Committee,
- (iii) a member of an International Sports Federation or a Continental Federation,
- (iv) a member of an Organizing Committee for a future Pan American and Parapan American Games,
- (v) a member of the media, or
- (vi) a representative of a sponsor of the 2015 Pan American and Parapan American Games.
Deemed application for temporary resident visa
(2) If an officer determines that the foreign national requires a temporary resident visa, the foreign national is deemed to have applied for a multiple-entry temporary resident visa.
Deemed application for temporary resident permit
(3) If an officer determines that the foreign national is inadmissible or does not meet the requirements of the Act and these Regulations, the foreign national is deemed to have applied for a temporary resident permit.
Issuance of temporary resident visa
193.3 (1) An officer may issue a temporary resident visa to a foreign national in respect of whom the information referred to in subsection 193.2(1) is received if, following an examination, it is established that the foreign national
- (a) requires a temporary resident visa;
- (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;
- (c) holds a passport or other document that they may use to enter the country that issued it or another country;
- (d) is not inadmissible;
- (e) is not the subject of a declaration made under subsection 22.1(1) of the Act;
- (f) meets the requirements of subsections 30(2) and (3), if the foreign national must submit to a medical examination under paragraph 16(2)(b) of the Act; and
- (g) is approved for accreditation by TO2015 for the 2015 Pan American and Parapan American Games.
Period of entry
(2) A temporary resident visa issued under subsection (1) must authorize the foreign national to enter Canada during
- (a) the period that begins on May 10, 2015 and ends on August 26, 2015, if the foreign national is approved for accreditation by TO2015 for the 2015 Pan American Games; or
- (b) the period that begins on June 7, 2015 and ends on September 14, 2015, if the foreign national is approved for accreditation by TO2015 for the 2015 Parapan American Games.
Requirements not applicable
193.4 Sections 10 to 12 and subsection 298(1) do not apply to an application that is deemed to be made under this Part.
2. Part 10.1 of the Regulations is repealed.
COMING INTO FORCE
3. (1) These Regulations, except section 2, come into force on the day on which they are registered.
(2) Section 2 comes into force on September 15, 2015.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
In July and August 2015, the Pan American Games and the Parapan American Games will take place in Toronto. It is expected that large numbers of Pan American family members (PAFM) and Parapan American family members (PPFM) will require temporary resident visas or temporary resident permits to enter Canada to participate in these major international sporting events.
The regular Citizenship and Immigration Canada (CIC) application process would require all visa-required PAFM and PPFM to present themselves at a Canadian visa office abroad to apply for a visa, be placed in the regular queue and pay the appropriate cost recovery fee.
As part of the bid process, CIC committed to implement a facilitated entry process for PAFM/PPFMs which will allow applicants to submit one set of reduced data for the issuance of either a multiple entry temporary resident visa (TRV) or a multiple entry temporary resident permit (TRP).
The Pan American Games will be held in Toronto from July 10 to 26, 2015, and the Parapan American Games will be held from August 7 to 14, 2015. In 2009, CIC signed a multi-party agreement with the Ontario 2015 Pan American Games Bid Corporation, which committed CIC to facilitating the immigration process for PAFM/PPFM who will be participating in the Games.
PAFM/PPFM include members of a National Olympic Committee or a National Paralympic Committee, members of the Pan American Sports Organization or the International Paralympic Committee, members of an International Sports Federation or a Continental Federation, members of an Organizing Committee for a future Pan American and Parapan American Games, members of the media or representatives of a sponsor of the 2015 Pan American or Parapan American Games.
The objective of the amendments to the Immigration and Refugee Protection Regulations (the Regulations) is to accept a varied application type, thereby facilitating entry for foreign national PAFM/PPFMs without compromising the integrity of the immigration system, or the health and safety of Canadians, and to waive fees for the issuance of a multiple entry TRV/TRPs.
Under the amendments to the Regulations, a foreign national PAFM/PPFM who has submitted information through the Toronto Organizing Committee (TO2015) is deemed to have made an application under the Immigration and Refugee Protection Act (IRPA). The application will be considered an application for a multiple entry TRV or a TRP, as required. It is estimated that nearly 17 000 foreign national PAFM/PPFMs applications will be processed under these Regulations.
These amendments to the Regulations also specify that in order to be issued a TRV/TRP, the PAFM/PPFM must first be registered for accreditation by the TO2015 (Organizing Committee), thereby confirming their purpose for entering Canada.
In addition, the amendments specify a period of entry in Canada and that fees normally associated with the TRV/TRP applications will not apply. Foregone revenue to the Government of Canada due to fee waivers is estimated to be $1.3 million.
Lastly, as these regulatory amendments have been designed for the 2015 Games only, a sunset clause is included to repeal these Regulations on September 15, 2015.
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to Canadian business.
Small business lens
The small business lens does not apply to this proposal, as there will be no costs imposed on Canadian business enterprises participating in the Games.
The regulatory amendments were developed after consultation with the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Canadian Security Intelligence Service (CSIS) and Employment and Social Development Canada (ESDC), as well as TO2015. There were no objections to the elements put forward in the attached regulatory amendments.
The amendments create a centralized immigration process that fulfills CIC’s commitment to facilitate entry for PAFM/PPFMs by waiving fees and by modifying the application process without compromising the integrity of Canada’s immigration programs or the health and safety of the Canadian public.
PAFM/PPFMs generally represent a low-risk group as they have previous travel history, often travelling to different countries for sporting matches and qualifying events. For example, many of these individuals have participated (in various capacities) in previous international multi-sport games, such as the Olympic Games, the Commonwealth Games, the Universiade and the Games of La Francophonie. It is highly likely that these participants have been previously vetted for security purposes and have received visas from other countries, including from Five Nations Conference (FNC) partners.
This facilitated process for PAFM/PPFMs will involve accepting the Pan American Identity and Accreditation Card, which may contain a visa number or permit number as applicable, as the necessary document for entry to Canada when it is accompanied by a valid passport or travel document. This same approach was used to facilitate entry to Canada for the 2010 Winter Olympic and Paralympic Games in Vancouver.
Implementation, enforcement and service standards
National Olympic Committees will be putting forth participant names for accreditation almost exclusively through electronic format into the Games Management System, thereby ensuring that all applicants will have equal ease of opportunity to apply. The applications are provided to the Government of Canada partners through a secure portal and will be subject to a progressive service standard. Non-complex applications will receive a decision within 21 days when the vetting system opens in January 2015, and processing times will progressively shorten. This vetting process also serves to support security partners’ mandates as all participants will have been pre-screened prior to arrival. As a result, participants will benefit from facilitation at the port of entry (POE).
CIC will ensure that all foreign national PAFM/PPFMs are aware of the immigration requirements to participate in and/or work at the 2015 Games. CIC will conduct outreach with Games participants, established and prospective employers and with TO2015 to inform them of their options and responsibilities. CIC will also leverage Web site communication to fully inform participants and potential employers of program and entry requirements. In addition, CBSA officers will receive appropriate training to apply these Regulations; these amendments are expected to result in minimal disruption to the POE. All foreign national PAFM/PPFMs deemed to have applied under the Regulations will be subject to the inadmissibility provisions of the IRPA.
Based on Canada’s most recent experiences in hosting international, multi-sport events attended by amateur athletes, sporting officials and dignitaries from both visa-required and visa-exempt countries, it is anticipated that some incremental refugee claims will ensue from the 2015 Pan American and Parapan American Games. Based on experience with the 2010 Olympics and 2001 Games of La Francophonie, and taking into account the source countries of some of the participants, the anticipated costs to the Government for processing refugee claims as a direct result of the Pan American Games is estimated to be $1.5 million based on an estimated 75 additional refugee claims.
Refugee Operations Division
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