Forward Regulatory Plan: 2019 to 2021

Customs Act

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada-Honduras Free Trade Agreement (CHFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CHFTA. The particulars of each of these amendments can be found at Customs Notice 14-023.

These regulatory amendments align customs procedures as agreed to by Canada and Honduras through the Canada-Honduras Free Trade Agreement. 

Through the use of Customs Notice 14-023, the CBSA has been administering the customs provisions of the agreement since the agreement’s implementation on October 1, 2014. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-023 since October 1, 2014, no consultations were undertaken.

Consult Customs Notice 14-023

For more information on the Canada-Honduras Free Trade Agreement, please access the Final Agreement Summary

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

Amendments to the Proof of Origin of Imported Goods Regulations made under the Customs Act are necessary to enforce the Canada-Honduras Free Trade Agreement (CHFTA). These regulations would codify into Canadian law the commitments related to proof of origin that have been negotiated in the CHFTA. The Regulations are being amended to subject goods imported from Honduras to the same proof of origin requirements as goods imported from a NAFTA country, Chile, Costa Rica, Peru, Colombia and Panama. These countries share commonalities with respect to the use of English, French or Spanish for the completion of the Certificate of Origin. The other amendments to the Proof of Origin of Imported Goods Regulations create exemptions and alternatives to the general proof of origin requirement. More information relating to these amendments can be found at Customs Notice 14-023.

These regulatory amendments align customs procedures as agreed to by Canada and Honduras through the Canada-Honduras Free Trade Agreement.

Through the use of Customs Notice 14-023, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on October 1, 2014. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-023 since October 1, 2014, no consultations were undertaken.

Consult Customs Notice 14-023

For more information on the Canada-Honduras Free Trade Agreement, please access the Final Agreement Summary

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

Amendments to existing regulations made under the Customs Act and new regulations related to verification of origin procedures are necessary to enforce the Canada-Korea Free Trade Agreement (CKFTA). These regulations would codify into Canadian law the commitments related to customs procedures that have been negotiated in the CKFTA. The particulars of each of these amendments can be found at Customs Notice 14-033.

These regulatory amendments align customs procedures as agreed to by Canada and Korea through the Canada-Korea Free Trade Agreement.

Through the use of Customs Notice 14-033, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on January 1, 2015. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-033 since January 1, 2015, no consultations were undertaken.

Consult Customs Notice 14-033

For more information on the Canada-Korea Free Trade Agreement, please visit access the Final Agreement Summary

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

Amendments to the Proof of Origin of Imported Goods Regulations made under the Customs Act are necessary to enforce the Canada-Korea Free Trade Agreement (CKFTA). These regulations would codify into Canadian law the commitments related to proof of origin that have been negotiated in the CKFTA. The Regulations are being amended to subject goods imported from Korea to the same proof of origin requirements as goods imported from a NAFTA country. The other amendments to the Proof of Origin of Imported Goods Regulations create exemptions and alternatives to the general proof of origin requirement. The particulars of each of these amendments can be found at Customs Notice 14-033.

These regulatory amendments align customs procedures as agreed to by Canada and Korea through the Canada-Korea Free Trade Agreement.

Through the use of Customs Notice 14-033, the CBSA has been administering the customs provisions of the agreement since the agreement's implementation on January 1, 2015. The aforementioned provisions affect importers, exporters and producers. The proposed regulatory initiative does not introduce new business impacts.

As these regulations would codify into Canadian law the customs procedures agreed to in the free trade agreement and which have been administered through Customs Notice 14-033 since January 1, 2015, no consultations were undertaken.

Consult Customs Notice 14-033

For more information on the Canada-Korea Free Trade Agreement, please access the Final Agreement Summary

Bonnie Paradis
Senior Program Advisor
Commercial and Trade Branch
(613) 954-2280
Bonnie.Paradis@cbsa-asfc.gc.ca

2015-04-01

Customs Act

The Canada Border Services Agency (CBSA) has continually sought to modernize the cargo control and sufferance warehouse programs to achieve greater efficiencies for trade. The Agency's aim is to modernize processes in order to establish better and smarter controls of unreleased cargo, as well as support the CBSA's examination program and ensure consistency in the application of the relevant legislation and Agency policies.

In 2012, as part of its initiative to streamline rules and regulations, the CBSA intended to change various requirements for sufferance warehouses such as the need to be licensed and allow industry to move to a self-managed system with administrative oversight provided by the CBSA. The Cargo Control and Sufferance Warehouse Modernization (CCSWM) initiative held extensive stakeholder consultations on this proposal and, as a result, moved forward with the elimination of customs sufferance warehouse licensing fees. The intention was to reduce administrative burden, to both the CBSA and the sufferance warehouse industry, and to reduce the monetary burden on sufferance warehouse operators.

The CBSA implemented this minor regulatory change using the Customs Notice process. Subsection 167.1(b) of the Customs Act allows for changes to the Regulations to have retroactive effect where they were previously part of a public announcement, for example, a customs notice. Once the changes announced in a Customs Notice are formally incorporated into regulations, they are given retroactive effect to the date upon which the Customs Notice was issued. The proposed amendments to the Customs Sufferance Warehouses Regulations will formalize regulatory changes that were enacted and implemented by the CBSA through Customs Notice 13-022 on April 1, 2014.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

There are no anticipated impacts of the proposed regulatory change on Canadians and businesses as Canada has been administering the Customs Sufferance Warehouse Regulations as though the amendments are already in place since April 1, 2014. The proposed regulatory change will formalize in regulation the changes that came into force via Customs Notice 13-022, published on December 6, 2013. The implementation of the Customs Notice reduced costs for sufferance warehouse operators and reduced the administrative burden for both sufferance warehouse operators and the CBSA.

Meetings of the Border Commercial Consultative Committee (BCCC) CCSWM Sub-Committee were held on March 20, 2012, June 26, 2012, November 26, 2012 and April 9, 2013. The CBSA consulted with other government departments and agencies, and internally through working groups to discuss this proposed regulatory change. No further consultation opportunities will be offered.

Information on the purpose and impacts of the CCSWM initiative can be found on the CCSWM webpage on the CBSA website.

The announcement of the proposed regulatory amendment eliminating the customs sufferance warehouses licence fee commencing April 1, 2014 is found in Customs Notice 13-022.

Melody Kasak
Manager
Commercial and Trade Branch
(613) 941-3495
Melody.Kasak@cbsa-asfc.gc.ca

2017-04-01

Customs Act

The Canada Border Services Agency (CBSA) will be repealing the definition of exporter in the Reporting of Exported Goods Regulations (Regulations).

Definition of Exporter

According to the current definition in the Regulations, an entity without a Business Number (BN) is not considered an "exporter". As a result, it is difficult for the CBSA to assess penalties against persons without BNs and it creates a security loophole whereby goods could be exported without being reported.

This results in a situation where the CBSA is unable to enforce the Customs Act against persons who attempt to circumvent export controls by neglecting to obtain a BN. This issue around ambiguity of who is and is not an exporter is equally of concern to the exporter community and to the CBSA.

To address this issue, the CBSA will be repealing the definition of exporter found in the Regulations. Thus, any entity (traveller and/or commercial business) will be subject to enforcement action should they attempt to circumvent export controls, regardless of whether they have a BN.

The CBSA will provide guidance in policy on how it will interpret the term “exporter”. This guidance will be similar to the present definition found in the Regulations with the exception that it will no longer make reference to the BN as a prerequisite to be considered an “exporter.”

With the proposed amendment, the Agency would be able to apply Administrative Monetary Penalties under section 95 of the Customs Act on non-compliant travellers who attempt to take a restricted good, such as cannabis, out of the country and who do not report it, whether knowingly or not. This regulatory amendment would strengthen Canada's commitment to its international partners to strictly control the cross-border movement of goods such as cannabis.

Repealing the definition will have a positive impact because it will result in increased predictability for the exporter community.

Consultations with internal and external stakeholders have been ongoing since the start of the review of the export program in 2015. Consultations will continue through the Border Commercial Consultative Committee.

2015 Auditor General of Canada Report on Controlling Exports at the Border.

Martin Burtt
Manager
Commercial and Trade Branch
Tel: (613) 948-7865
Martin.Burtt@cbsa-asfc.gc.ca

2016-04-01

Customs Act

The CBSA is removing references in the Presentation of Persons (2003) Regulations to the CANPASS Air and Private Boat alternative reporting programs.

Both programs were recommended for discontinuance in the Trusted Traveller Evaluation and approved by senior management on April 3, 2018.

Additionally, the CBSA is doing housekeeping regulatory maintenance.

This initiative is not subject to a regulatory cooperation work plan.

There are no impacts on Canadians, governments, or businesses and there are no other quantifiable costs.

As part of the discontinuation process, each member received a letter in March 2018 advising that their program(s) would be discontinued. The CBSA received three inquiries, which were responded to, and no complaints.

During previous consultations in March 2018, the CBSA informed affected members of changes to these programs, whereby a letter or email including a link to the notice was posted on the CBSA website.

In 2019, as part of the regulatory process, the CBSA will be publishing a Notice to Stakeholders on the CBSA website and Consulting with Canadians website.

Once the Minister has been informed of the critical path to support regulatory changes, the CBSA will initiate a public consultation.

Canada Gazette part I projected date: March 2020.

The Evaluation of the Trusted Traveller Programs (Air, Land, Marine) may be found at the following weblink: https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/ae-ve/2016/ttp-pvdc-eng.html

Madona Radi
Director
Travellers Branch
Tel: (613) 954-6319
Madona.Radi@cbsa-asfc.gc.ca

This initiative has not been included in any previous Forward Regulatory plan

Customs Act

In 2007, the Standing Joint Committee for the Scrutiny of Regulations and the Department of Justice provided the CBSA with recommendations to improve the clarity and coherence of the Presentation of Persons (2003) Regulations, which regulate the trusted traveler programs of the CBSA.

Prior to this amendment, the term “good character” was not defined in the Regulations. The SJCSR was of the view that by replacing “good character” with specific eligibility criteria, the public would now have a clear list of criteria to meet in order to be granted a membership.

The CBSA has proposed amendments which will minimize discretionary components of the eligibility assessment relating to:

• Advance notification;
• Eligibility criteria that will replace the good character provision;
• The presentation in the land mode;
• Conditions of the authorizations;
• Circumstances leading to suspension and cancellation of the authorization;
• Type of biometrics that need to be collected;
• Introduction of a warning regime for some conditions of the authorization;
• Length of time a person can request a review of a decision; and
• Clarification of residency requirements for Canadian and United States permanent residents.

This initiative is not subject to a regulatory cooperation work plan. However, our bi-national programs (NEXUS and FAST) operate in coordination with the United States and thus require similar regulations.

There are no impacts on Canadians, governments, or businesses and there are no other quantifiable costs.

In November 2012, the public was first consulted on the following amendments to be made to the regulations:

• grounds for the cancellation of a membership; and
• grounds for suspension of a membership.

A notice was posted on the CBSA website and the “Consulting with Canadians” website. Less than ten comments were received and overall, the majority of comments sought clarification on program requirements outside the scope of the consultation.

Between December 2014 and January 2015, the CBSA undertook a consultation process on the following changes:

• add the remote processing technologies to the exceptions of presentation;
• the Good Character criteria;
• add fingerprints and facial recognition as biometric data;
• add the use of a “telephone” to complement “telecommunication device”;
• clarify the conditions of an authorization; and,
• the circumstances leading to suspension, warning and/or cancellation of an authorization;
• allow the review of a decision within a period of 90 days instead of 30.

The general public and specific industry/internal stakeholders (including members of the Border Commercial Consultative Committee and Air Consultative Committee), were identified and contacted to provide feedback and comments via the CBSA and Consulting with Canadians. In response to this consultation period, approximately forty comments were received from stakeholders and TTP members.

In July 2016, another round of consultations was conducted, this time inviting over 1,000,000 TTP members to provide feedback via email on the following proposed regulatory modifications:

• the Good Character criteria;
• the residency requirement;
• the program or mode specific exceptions to the conditions of the authorization; and,
• the circumstances leading to suspension, warning and/or cancellation of an authorization.

Email responses received by the CBSA exceeded 4,000 with an overwhelmingly majority (over 90%) expressing support for the proposed amendments or for efforts to strengthen the integrity of trusted traveller programs more generally.

The anticipated date for publication in the Canada Gazette part II, is June 2019.

Trusted Traveller Programs
2016 Evaluation of the Trusted Traveler Programs (Air, Land, Marine)

Madona Radi
Director
Travellers Branch
(613) 954-6319
Madona.Radi@cbsa-asfc.gc.ca

2016-04-01

Customs Act
Immigration and Refugee Protection Act
Proceeds of Crime (Money Laundering) and Terrorist Financing Act

The purpose of the proposal is to:

1. Allow a conveyance that is in Canada and its passengers to travel into or through international waters/airspace and return to Canada without reporting to the CBSA on the condition that they did not land on foreign soil or embark any people or goods in the foreign waters/airspace.
2. Allow a conveyance to travel into or through Canadian waters or airspace without reporting to the CBSA on the condition that they do not land on Canadian soil or disembark any people or goods in Canada.

Amendments are required to the following regulations:

• Presentation of Persons (2003) Regulations
• Immigration and Refugee Protection Regulations
• Reporting of Imported Goods Regulations
• Cross-border Currency and Monetary Instruments Reporting Regulations

Current legislation states that all persons entering Canada are required to present themselves upon their arrival in Canada (pursuant to section 11 of the Customs Act) and to appear for examination (under section 18 of the Immigration and Refugee Protection Act). Persons are also required to report any goods that they are importing into Canada under section 12 of the Customs Act.

Bill S-233 updated this legislation in order to be congruent with the existing CBSA practices and relieved the reporting requirement of low-risk travellers who incidentally cross into and out of Canadian waters with no intention of seeking admission into Canada.

This proposal is not a commitment under the Canadian Free Trade Agreement Regulatory Reconciliation and Cooperation Table, the Canada-EU Regulatory Cooperation Forum or the Canada-United States Regulatory Cooperation Council.

The proposal will align more closely with US reporting requirements.

There are no expected costs on Canadian businesses.

Social media, including Facebook and Twitter, will be leveraged to expand the reach of messaging concerning the updated maritime reporting requirements for private boaters and operators of passenger conveyances (such as cruise ships, tour boats, ferries and aircraft).

In addition, a consultation network was established with the cruise ship industry in 2013 and continues to be used for consultation purposes.

Consultation will be conducted through the Consulting with Canadians website.

Bill S-233

Madona Radi
Director
Travellers Branch
(613) 954-6319
Madona.Radi@cbsa-asfc.gc.ca

2017-04-01

Immigration and Refugee Protection Act (IRPA)

Sections 14 and 15 of the Immigration and Refugee Protection Regulations (IRPR) articulate findings of fact made by criminal courts, and other bodies, that shall be considered as conclusive findings of fact for immigration inadmissibility purposes, such as those relating to certain security or human/international rights violations grounds. These regulations will be reviewed with a view to adding additional findings of fact related to serious inadmissibility grounds, including organized criminality. Regulatory amendments are intended to support an efficient and effective inadmissibility determination process.

This review supports the 2017 government response to the Standing Committee on National Security and Defence Report entitled “Vigilance, Accountability and Security at Canada’s Borders”.

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible to Canada.

There are no expected impacts on Canadians or businesses. This proposal only applies to inadmissible foreign nationals that are issued removal orders that become enforceable.

Public consultations on the proposed regulatory amendments will be undertaken with the following groups in the 2019‒2020 fiscal year:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Federation of Law Societies of Canada
• Quebec Immigration Lawyers Association

Public consultations will also be available via the Consulting with Canadians website as well as the Canada Border Services Agency website.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
Standing Senate Committee on National Security and Defense - Vigilance, Accountability and Security at Canada's Borders

Richard St Marseille
Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 613-954-3923
Richard.StMarseille@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

Section 243 of the Immigration and Refugee Protection Regulations outlines requirements for the recovery of removal costs from foreign nationals that have been removed from Canada at the government's expense.

This regulation, including the prescribed amount to be recovered, will be reviewed and updated to account for adjustments, such as inflation and other contemporary cost factors, which have emerged since the regulation was established.

Regulatory cooperation efforts are not applicable. This proposal only applies to foreign nationals, determined to be inadmissible to Canada, who have been removed.

There are no expected impacts on Canadians or businesses. This proposal only applies to foreign nationals, who have been removed and are seeking to re-enter Canada.

Interested parties will be given a chance to participate in developing the regulations through online consultations (to be posted on the CBSA and Consulting with Canadians websites).

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Richard St Marseille
Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 613-954-3923
Richard.StMarseille@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

The Canada Border Services Agency (CBSA) is developing proposed amendments to the Immigration and Refugee Protection Regulations to automatically invalidate certain immigration documents (temporary resident visas, electronic travel authorizations (eTAs) and temporary resident permits) in cases where the holder of the document is issued a removal order that becomes enforceable. Removal orders become enforceable when various conditions are met.

These regulatory changes will create a consistency with the current automatic invalidation regulations for work and study permits that exist when removal orders become enforceable. These changes promote program integrity and streamline the admissibility determination process.

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible in Canada.

There are no expected impacts on Canadians or businesses. This proposal only applies to inadmissible foreign nationals that are issued removal orders that become enforceable.

Public consultations on the proposed regulatory amendments will be undertaken with the following groups in the 2019‒2020 fiscal year:

• British Columbia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Federation of Law Societies of Canada
• Quebec Immigration Lawyers Association

Public consultations will also be available via the Consulting with Canadians website as well as the Canada Border Services Agency website.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Richard St Marseille
Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 613-954-3923
Richard.StMarseille@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

The Standing Joint Committee for the Scrutiny of Regulations has recommended the addition of a set of minimum factors to those factors already considered by a Canada Border Services Agency (CBSA) officer or member of the Immigration Division (ID) of the Immigration and Refugee Board of Canada when they fulfill the requirements under subsection 47(2) of the Immigration and Refugee Protection Regulations (IRPR). The CBSA is developing a regulatory amendment proposal in response to this recommendation, as well as to include all relevant decision-makers as authorized in the Immigration and Refugee Protection Act (IRPA), and to address other minor technical changes to related provisions.

The proposed amendments are being brought forward to address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations and, as such, they are not motivated by regulatory cooperation efforts, domestic or international.

There may be an impact on Canadians who seek to post a deposit or guarantee, as they would need to meet the general set of minimum factors to act as a bondsperson. There are no expected business impacts.

Public consultations on this regulatory amendment proposal took place from December 7, 2018 to January 7, 2019 and were listed on the CBSA and Consulting with Canadians websites. Key stakeholders were notified of the consultation opportunity via email. Comments were received from two stakeholders and have been considered. No additional public consultations are planned.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Richard St Marseille
Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 613-954-3923
Richard.StMarseille@cbsa-asfc.gc.ca

2018-04-01

Immigration and Refugee Protection Act (IRPA)

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has identified potential gaps, inaccuracies and inconsistencies within “Part 16 – Seizures” of the Immigration and Refugee Protection Regulations. The proposed amendments will provide clarity with respect to these issues.

The proposed amendments are being brought forward to address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations and, as such, they are not motivated by regulatory cooperation efforts, domestic or international.

There are no expected impacts on Canadians, including businesses. The proposed amendments seek to address the concerns raised by the SJCSR and enhance the clarity and consistency of Part 16 of the IRPR. They do not result in any additional compliance or administrative burdens for businesses or Canadians.

Initial public consultations on the proposed regulatory amendments were undertaken with the following groups between January 13th 2017 and February 16, 2017:

• British Colombia Civil Liberties Association
• Canadian Association of Refugee Lawyers
• Canadian Association of Professional Immigration Consultants
• Canadian Bar Association
• Canadian Civil Liberties Association
• Canadian Council for Refugees
• Federation of Law Societies of Canada
• Quebec Immigration Lawyers Association

Interested stakeholders were also provided the opportunity to comment on the proposed regulatory amendment through the Consulting with Canadians website between January 19, 2017 and February 18, 2017.
The proposed regulatory amendments are expected to reach pre-publication and final publication in the Canada Gazette, Parts I and II, in the 2019‒2020 fiscal year.

Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Richard St Marseille
Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 613-954-3923
Richard.StMarseille@cbsa-asfc.gc.ca

2016-04-01

Immigration and Refugee Protection Act (IRPA)

The Immigration and Refugee Protection Regulations (IRPR) prescribe those inadmissibility grounds for which removal orders are to be issued by the Immigration Division of the Immigration and Refugee Protection Board (IRB) and those for which removal orders are to be issued by the Minister's Delegate (i.e. a Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada official).

A review of the IRPR was recently completed, in part, due to new inadmissibility provisions that emerged in relation to unilateral sanctions by Canada under the Special Economic Measures Act and the newly created Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law). These new inadmissibility provisions were brought into force in October 2017 through Private Member's Bill S-226. Budget 2018 also provided funding to strengthen Canada's sanctions regime, including looking at ways to strengthen sanctions-inadmissibility grounds and to streamline related decision-making. As a result, regulatory amendments to transfer authority to issue removal orders for the new sanctions inadmissibility grounds were transferred from the Immigration Division to the Minister's Delegate in spring 2019.

Those regulatory amendments generally aligned with the government's response to a recent Parliamentary Committee report. The 2017 Government's response to the Senate Standing Committee on National Security and Defense Report entitled “Vigilance, Accountability and Security at Canada's Border”, committed the CBSA to explore options to enhance the efficiency of the inadmissibility determination process. The response also committed the Agency to undertake a review of officer authorities to render inadmissibility decisions and issue removal orders without the need for an admissibility hearing before the Immigration Division of the IRB in certain circumstances. As a result, a general review of the inadmissibility regulations is underway, with a particular focus on authorities to issue removal orders. Additional regulatory amendments are also being considered to streamline the inadmissibility decision-making process by transferring more authorities from the Immigration Division to the Minister's Delegate.

Regulatory cooperation efforts do not apply. This proposal only applies to foreign nationals determined to be inadmissible in Canada.

The proposed regulations do not have an impact on small business. The amendments only apply to persons who are inadmissible under the IRPA.

The general public will be consulted prior to the pre-publication phase and key stakeholders will be notified of the launch of the consultation period.

Senate Report: Vigilance, Accountability and Security at Canada's Borders
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations

Richard St Marseille
Director
Strategic Policy Branch
Canada Border Services Agency
Tel: 613-954-3923
Richard.StMarseille@cbsa-asfc.gc.ca

2018-04-01