Amending the Immigration and Refugee Protection Act

Immigration, Refugees and Citizenship Canada (IRCC) have noted inconsistencies within the Immigration and Refugee Protection Regulations (the Regulations) concerning the cancellation of temporary resident documents, such as temporary resident visas (TRVs), electronic travel authorizations (eTAs), work permits, and study permits. These inconsistencies pertain to eligibility, admissibility, and operational administration. The lack of clear and consistent cancellation authorities within the Regulations can hinder decision-making regarding their application, leading to inefficiencies and inconsistencies and posing challenges to program integrity. Establishing more consistent cancellation authorities would provide officers with clear decision-making tools, enhancing the management of immigration to Canada immigration to Canada.

Objective

The proposed changes aim to support the overarching goal of facilitating the entry of foreign nationals into Canada while safeguarding the health, safety, and security of Canadians. By introducing consistent authorities within the Regulations to cancel temporary resident documents, the amendments would enhance migration management. These changes would improve processing efficiency by providing clearer guidelines for officers and bolstering safety and security both at the border and within Canada.

Description

The Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents) [the proposed Regulations] would establish that a foreign national is ineligible to hold an eTA if:

- An officer has reasonable grounds to believe the holder will not depart Canada by the end of their authorized stay;

- The holder has been denied a study or work permit, or the renewal of such permits;

- The related passport or travel document has been abandoned.

The proposed Regulations would also empower an officer to cancel an eTA if it was issued due to an administrative error.

The proposed Regulations would automatically cancel an eTA if:

- The holder becomes a permanent resident;

- The associated passport or travel document is lost, stolen, or destroyed;

- The holder is deceased.

Under the proposed Regulations, an officer could cancel a TRV if:

- The holder is inadmissible;

- The holder did not meet or no longer meets one of the requirements when the TRV was issued;

- The holder has been issued a temporary resident permit (TRP);

- An officer has reasonable grounds to believe the holder will not leave Canada by the end of their authorized stay;

- The holder has been refused an eTA, work permit, study permit, or another TRV;

- The holder is the subject of a negative declaration by the Minister;

- The TRV was issued due to an administrative error.

The proposed Regulations would automatically cancel a TRV if:

- The holder becomes a permanent resident;

- The associated passport or travel document is lost, stolen, or destroyed;

- The passport or other travel document with the TRV was abandoned;

- The holder is deceased.

The proposed Regulations would allow an officer to cancel a work permit if it was issued due to an administrative error and would automatically cancel a work permit if the holder becomes a permanent resident or is deceased.

The proposed Regulations would amend the invalidity provisions for work permits to specify that a work permit becomes invalid when it is canceled due to error, death, or the holder becoming a permanent resident.

Similarly, the proposed Regulations would enable an officer to cancel a study permit if it was issued due to an administrative error and would automatically cancel a study permit if the holder becomes a permanent resident or is deceased.

The proposed Regulations would also amend the invalidity provisions for study permits to specify that a study permit becomes invalid when it is canceled due to error, death, or the holder becoming a permanent resident becoming a permanent resident.

Additionally, the proposed Regulations would include a provision ensuring that nothing within the Regulations limits any other existing lawful authority to cancel visas and other documents, including eTAs, TRVs, study permits, and work permits.