Forward Regulatory Plan: 2021 to 2023
Regulations amending the Immigration and Refugee Protection Regulations (Anticipated regulatory changes to the structure of paragraph 133(1)(e) of the regulations)

Enabling Act: Immigration and Refugee Protection Act

Description

In the current regulations under paragraph 133(1)(e), a person is not eligible to sponsor a member of the family class for immigration to Canada if that person is convicted under the Criminal Code of the following offences:

1. An offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person – subparagraph 133(1)(e(i);
2. An indictable offence involving the use of violence which is punishable by a maximum term of imprisonment of at least 10 years, or an attempt or a threat to commit such an offence, against any person – subparagraph 133(1)(e(i.1);
3. An offence that results in bodily harm as defined in section 2 of the Criminal Code, or an attempt or the threat to commit such an offence, against a prescribed list of persons (which includes members of the family and relatives)- subparagraph 133(1)(e(ii).

If convicted of these offences in Canada, potential sponsors remain ineligible to sponsor until they are pardoned, receive a final determination of acquittal, or a period of five years or more has passed since the date upon which the imposed sentence was completed. Provisions providing for exceptions also exist for those potential sponsors who are convicted outside of Canada.

A change to the structure of this paragraph is being considered by the Department, to seek to provide better clarity on the listed offences and on the prescribed list of persons.

Potential impacts on Canadians, including businesses

The possible impact of this change of structure on Canadians and Canadian businesses is unknown at this point.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are not required

Consultations

The public will have the opportunity to comment on the proposed text of the regulations when they are pre-published in the Canada Gazette, Part 1. The Department may consult targeted stakeholders as well. The timing and approach for consultations will be updated once known.

Departmental Contact information

Alexis Graham
Director, Social Immigration Policy and Programs, Immigration Branch
Immigration, Refugees and Citizenship Canada
Email: Alexis.Graham@cic.gc.ca
Telephone: 613-796-5463

Date the regulatory initiative was first included in the Forward Regulatory Plan: October 18, 2020