When Should the Authorities Typically Consider In-Canada Government Assisted Refugee (GAR) to Joint Assistance Sponsorship (JAS) Conversions?

The authorities could typically consider conversions from in-Canada Government Assisted Refugee (GAR) to Joint Assistance Sponsorship (JAS) cases when the case involves all the following aspects:

• The authorities have identified information pertaining to high medical or settlement needs post arrival and during the period of Resettlement Assistance Program (RAP) support
• The case meets the outlined Joint Assistance Sponsorship (JAS) criteria, namely in that the case presents greater need of settlement assistance than there is for other Government Assisted Refugee (GAR) cases because of exceptional resettlement needs such as:
  • A physical or mental condition that could necessitate treatment in Canada
  • An unusual family configuration such as a single parent family with several young children or a family consisting only of siblings, one or more of whom might have assumed parental responsibilities and,
  • Other special needs that the overseas officers or inland Immigration, Refugees and Citizenship Canada (IRCC) officers might have identified
  • For more information on this, officers would need to refer to the existing program guidance provided by the authorities
• The authorities have found that sponsor support is available for the case and,
• The authorities have identified that a conversion to Joint Assistance Sponsorship (JAS) would be in the best interests of the client

When Should the Authorities Typically Consider Converting In-Canada Blended Visa Office Referred Refugee (BVOR) Cases to Joint Assistance Sponsorship (JAS) Cases?

It is worth mentioning that a private sponsor or Service Provider Organisation (SPO) has the ability to request for the conversion of a Blended Visa Office Referred Refugee (BVOR) case to a Joint Assistance Sponsorship (JAS) case. But, the authorities only convert Blended Visa Office Referred Refugee (BVOR) cases to Joint Assistance Sponsorship (JAS) cases in exceptional circumstances. In most of these cases, the authorities will typically concur with the local Immigration, Refugees and Citizenship Canada (IRCC) office prior to carrying out the conversion.

The exceptional circumstances that the authorities would typically look for when determining whether to convert a Blended Visa Office Referred Refugee (BVOR) case to a Joint Assistance Sponsorship (JAS) case would typically comprise the following aspects:

• The availability of information pertaining to high medical or settlement needs comes to the notice of the officers only post arrival
  • In some cases, the pre-arrival conversion of a Blended Visa Office Referred Refugee (BVOR) case to a Joint Assistance Sponsorship (JAS) case could be an option
  • This would typically be the case in situations when sponsor groups withdraw their sponsorship because of lack of capacity for supporting the higher medical needs of the individual
  • However, the authorities would only consider pre-arrival conversion in case they identify this medical or settlement information only at the Notification of Arrival Transmission (NAT) stage
• The case meets the Joint Assistance Sponsorship (JAS) criteria – specified in the instructions given earlier in this document
• The officers find that sponsor support is available in the case
  • In some cases, the current sponsor might not have the capacity or experience required
  • In this scenario, the authorities could solicit the case to other sponsors in the community of settlement
• The officers have determined that converting the case to a Joint Assistance Sponsorship (JAS) case would be in the best interests of the client
  • In order to make this determination, the officers would typically need to consider aspects that include the fact that:
    • The Joint Assistance Sponsorship (JAS) clients might be able to receive additional support through services from the Resettlement Assistance Program (RAP) Service Provider Organisations (SPOs)
    • The sponsors might provide further support to the Joint Assistance Sponsorship (JAS) clients by diverting financial resources to help provide the coverage needed for additional medical costs that the Interim Federal Health Program (IFHP) or provincial health care programs do not typically cover and,
    • The potential exists for extending the sponsorship period beyond 12 months – in case this is in the client’s best interests

The Duration of the Joint Assistance Sponsorship (JAS)

The authorities require officers to establish all Joint Assistance Sponsorship (JAS) sponsorships with a two-year duration from the date of arrival in Canada. This requirement includes the establishment of Joint Assistance Sponsorship (JAS) sponsorships that cover both Resettlement Assistance Program (RAP) income support and sponsorship. In addition, this directive applies regardless of whether the officers identified the Joint Assistance Sponsorship (JAS) sponsorship overseas or in Canada.

Situations could arise where the client might no longer require Joint Assistance Sponsorship (JAS) support. This situation could take place at any point during the Joint Assistance Sponsorship (JAS) sponsorship. In this scenario, the authorities could consider ending the joint sponsorship with the mutual agreement of both the sponsor and the refugee, in conjunction with the recommendation given by the local office.

The authorities also recommend the local Immigration, Refugees and Citizenship Canada (IRCC) office to carry out a check-in with the sponsor, midway through the Joint Assistance Sponsorship (JAS) commitment. This would help in keeping Immigration, Refugees and Citizenship Canada (IRCC) informed of any possible adjustments to the duration of the Joint Assistance Sponsorship (JAS).

The Process for the In-Canada Determination of Joint Assistance Sponsorship (JAS) Cases

The authorities require officers to follow the steps given below when they make the in-Canada determination of Joint Assistance Sponsorship (JAS) cases. Situations could arise that warrant the migration officer determination of Joint Assistance Sponsorship (JAS) cases. For such cases, the officers will need to refer to the existing program guidance provided by the authorities. For details pertaining to overseas cases, the officers will need to refer to the program delivery instructions provided by the authorities on the website of Immigration, Refugees and Citizenship Canada (IRCC) in the section titled ‘Resettlement from Overseas’.

• Step 1
  • The Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group will need to complete the ‘In-Canada Joint Assistance Sponsorship (JAS) Recommendation Form’ and submit it via e-mail to the local Immigration, Refugees and Citizenship Canada (IRCC) office
  • In addition, the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group will need to submit any pertinent case details as well
  • In some cases, the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group might not be aware of the local Immigration, Refugees and Citizenship Canada (IRCC) office contact information
  • In this scenario, the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group will need to submit the form and any pertinent case details to the Privately Sponsored Refugee (PSR) Program team at [email protected]
  • Thereafter, the Privately Sponsored Refugee (PSR) Program team will need to forward the form to the appropriate local Immigration, Refugees and Citizenship Canada (IRCC) office
• Step 2
  • The local Immigration, Refugees and Citizenship Canada (IRCC) office will need to review the case details and information specified in the ‘In-Canada Joint Assistance Sponsorship (JAS) Recommendation Form’
  • It will need to seek additional information from the Service Provider Organisation (SPO) or the Sponsorship Agreement Holder (SAH) as well – if required
  • Thereafter, it will need to make a recommendation to the Resettlement Operations Division in the International Network (IN) with the ‘In-Canada Joint Assistance Sponsorship (JAS) Recommendation Form’ attached
  • It is worth mentioning that the subject line will need to clearly specify ‘Recommendation for in-Canada Joint Assistance Sponsorship (JAS) Conversion: [Special Program Name listed here]’ – if applicable
  • Situations could arise where the local Immigration, Refugees and Citizenship Canada (IRCC) office has already identified a sponsor
  • Alternatively, the case might be a Blended Visa Office Referred Refugee (BVOR) case
  • In both scenarios, the local Immigration, Refugees and Citizenship Canada (IRCC) office will need to indicate this in the e-mail that it sends to the Resettlement Operations Division in the International Network (IN)
  • It is worth mentioning that the local Immigration, Refugees and Citizenship Canada (IRCC) office recommendation will need to include supervisor or manager concurrence as well
• Step 3
  • The Resettlement Operations Division in the International Network (IN) will need to review the case first
  • Thereafter, it will need to determine whether it should designate the case as a Joint Assistance Sponsorship (JAS) case
  • Lastly, it will notify the local Immigration, Refugees and Citizenship Canada (IRCC) office of the case decision via e-mail
• Step 4
  • In Government Assisted Refugee (GAR) cases, the Resettlement Operations Division in the International Network (IN) will need to:
    • Send the case summary to the Resettlement Operations Centre in Ottawa (ROC-O) in case no sponsor has yet been identified
    • The Resettlement Operations Centre in Ottawa (ROC-O) retains the onus for tracking and communicating with the Refugee Sponsorship Training Program (RSTP) in order to help promote and solicit the case to the sponsorship community
    • It is worth mentioning that the promotion will be for a maximum of three months or until the authorities have managed to find a sponsor
  • Similarly, in a Blended Visa Office Referred Refugee (BVOR) case, the Resettlement Operations Division in the International Network (IN) will need to:
    • Find a new sponsoring group in cases where the sponsor is not willing or does not have the capacity to continue to provide support
      • In such cases, the existing sponsorship breakdown protocols and provisions will continue to apply
      • However, it is worth highlighting that the sponsor will need to continue to provide support to the refugee until the authorities finalise the sponsorship breakdown
    • Send the case summary to the Resettlement Operations Centre in Ottawa (ROC-O) in case no sponsor has yet been identified
    • The Resettlement Operations Centre in Ottawa (ROC-O) retains the onus for tracking and communicating with the Refugee Sponsorship Training Program (RSTP) in order to help promote and solicit the case to the sponsorship community
    • It is worth mentioning that the promotion to potential sponsors will be for a maximum of three months or until the authorities have managed to find a sponsor
    • At the same time, the local Immigration, Refugees and Citizenship Canada (IRCC) office might well recommend other options to ensure that the clients receive adequate levels of support
      • This might include posting for a shortened period or putting the client on the Resettlement Assistance Program (RAP) in exceptional circumstances in accordance with the breakdown guidance given in the existing program guidance documents
• Step 5
  • The Resettlement Operations Centre in Ottawa (ROC-O) will need to:
    • Create the profile, which it will then, share with the Sponsorship Agreement Holder (SAH) community
    • Track the Joint Assistance Sponsorship (JAS) in-Canada conversion cases in a spreadsheet
    • Notify the Refugee Sponsorship Training Program (RSTP) to commence the promotion
      • It is worth highlighting that there is no need to promote it in Blended Visa Office Referred Refugee (BVOR) cases as long as the sponsoring group is willing to continue and is able to provide support or in case the authorities have already found a sponsor
    • Add a note in the Global Case Management System (GCMS)
    • Inform the local Immigration, Refugees and Citizenship Canada (IRCC) office once the authorities have found a sponsoring group
    • Reach out to the sponsor and share information and other details for the completion of the undertaking and,
    • Inform the Refugee Sponsorship Training Program (RSTP) to stop promotions in case the authorities have not been able to find a sponsor even after three months
• Step 6
  • The sponsoring group will need to:
    • Submit the completed sponsorship undertaking form i.e. IMM 1324 to the Resettlement Operations Centre in Ottawa (ROC-O) for approval
    • Submit the completed ‘Sponsor Assessment’ form i.e. IMM 5492 to the Resettlement Operations Centre in Ottawa (ROC-O) for approval and,
    • Submit the completed ‘Settlement Plan’ form i.e. IMM 5494 (if required) to the Resettlement Operations Centre in Ottawa (ROC-O) for approval
• Step 7
  • The Resettlement Operations Centre in Ottawa (ROC-O) will need to complete the following steps once the authorities have approved the sponsorship undertaking:
    • Inform the local Immigration, Refugees and Citizenship Canada (IRCC) office
    • Enter the sponsorship information into the Global Case Management System (GCMS)
    • Add the corresponding organisation in the Global Case Management System (GCMS)
    • Update the length of financial support field in the Global Case Management System (GCMS)
  • Lastly, the Resettlement Operations Centre in Ottawa (ROC-O) will need to send a data fix request to the Global Case Management System (GCMS) for a change in the financial support field to ‘Joint Assistance’
• Step 8
  • The local Immigration, Refugees and Citizenship Canada (IRCC) office will need to adjust the income support commitment period to reflect the new period of sponsorship and extension of Resettlement Assistance Program (RAP) income support benefits through the Resettlement Assistance Program (RAP) income support calculation tool and its associated forms and processes i.e. update SAP
  • In addition, the local Immigration, Refugees and Citizenship Canada (IRCC) office will need to:
    • Ensure that the Resettlement Assistance Program (RAP) Income Support Agreement reflects the extended period of sponsorship and the associated Resettlement Assistance Program (RAP) benefits
    • Ensure that it extends the Interim Federal Health Program (IFHP) coverage to reflect the new duration of Joint Assistance Sponsorship (JAS) support and,
    • Inform the Service Provider Organisation (SPO) that the authorities have identified a sponsor (where applicable) and assist in coordinating a case conferencing meeting between the sponsor and the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO)
• Step 9
  • The Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group will need to connect with the sponsoring group for reviewing the settlement information and participating in a case conference meeting (either in person or by phone etc.) as required
    • It is worth mentioning that the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group will need to complete the ‘Joint Assistance Sponsorship (JAS) Roles and Responsibilities Checklist’ during this meeting
  • Upon completing the ‘Joint Assistance Sponsorship (JAS) Roles and Responsibilities Checklist’, the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group will need to send the checklist to the local Immigration, Refugees and Citizenship Canada (IRCC) office for review and addition to the Joint Assistance Sponsorship (JAS) client’s Resettlement Assistance Program (RAP) file
  • It is worth highlighting that the sponsor, the Resettlement Assistance Program (RAP) Service Provider Organisation (SPO) or the sponsoring group, and the Joint Assistance Sponsorship (JAS) client will need to be in possession of copies of the ‘Joint Assistance Sponsorship (JAS) Roles and Responsibilities Checklist’
• Step 10
  • The sponsoring group will need to meet with the refugee and the Service Provider Organisation (SPO) (if applicable) and commence shared sponsorship obligations
• Step 11
  • The local Immigration, Refugees and Citizenship Canada (IRCC) office will need to check in with the sponsor midway through the Joint Assistance Sponsorship (JAS) commitment in order to ensure that the sponsor is continuing to meet the client’s needs and that the Joint Assistance Sponsorship (JAS) is still in the best interests of the client
  • The authorities have made a standard e-mail template available for this purpose
  • Situations could arise where the sponsors might present some concerns
  • In this scenario, the officers will need to notify the Resettlement Operations Division in the International Network (IN)

The Overseas Joint Assistance Sponsorship (JAS) Determination

The authorities require migration officers to continue to flag special needs cases for conversion to Joint Assistance Sponsorship (JAS). This is in accordance with the existing procedures. It is worth mentioning that the referrals flagged for Joint Assistance Sponsorship (JAS) by migration officers differ from the Visa Office Referrals (VOR) program. For obtaining further details about overseas Joint Assistance Sponsorship (JAS) referrals and the Visa Office Referrals (VOR) program, officers will need to refer to the details provided in Appendix A.

The Expected Results

The authorities expect the uptake on in-Canada Government Assisted Refugee (GAR) and / or Blended Visa Office Referred Refugee (BVOR) to Joint Assistance Sponsorship (JAS) determination to vary across the country. This would typically depend on the availability of supports in the community and on sponsorship capacity.

In the view of the authorities, Visa Office Referrals (VORs) and Joint Assistance Sponsorships (JASs) are important mechanisms. This is because refugees selected for resettlement use these mechanisms for benefiting from the settlement and integration support provided by sponsoring groups in Canada. The information given in this section provides new templates for referring Visa Office Referred (VOR) and Joint Assistance Sponsorships (JAS) cases for sponsorship. In addition, the information given in this section serves to supplement the instructions given in chapter 5 of the Overseas Processing (OP) Manual.

The Background of Visa Office Referrals (VORs)

It is worth mentioning that, in the Visa Office Referrals (VOR) program, visa offices identify refugees from their inventory for private sponsorship. The visa office initiates a Visa Office Referred (VOR) case in order to facilitate the resettlement of a selected case. Alternatively, the sponsoring group in Canada can also initiate a Visa Office Referred (VOR) case in order to resettle a case with a specific profile.

The Visa Office Referrals (VOR) program serves to increase the protection space available for refugees in need of resettlement. It helps in ensuring that the selected refugees, who are ready to travel, can proceed to Canada as quickly as Privately Sponsored Refugees (PSRs). This is so even in case there are insufficient Government Assisted Refugee (GAR) spaces available in the current year’s target. It is worth highlighting that the Visa Office Referrals (VOR) program also offers sponsoring groups the opportunity to welcome a refugee family that is ready to travel at the time of the referral.

The authorities have made it possible for the visa office or sponsoring groups in Canada to make Visa Office Referrals (VOR) program referrals at any time during the year to the Matching Centre. It is worth mentioning that, in the view of the authorities, the most appropriate cases for referral are small families or single adults without special needs. This is because the authorities are able to match these cases readily with sponsors. In contrast, for those cases with high needs, the authorities consider Joint Assistance Sponsorship (JAS) to be the preferred option.

The Background of Joint Assistance Sponsorship (JAS) Cases

The Joint Assistance Sponsorship (JAS) program enables sponsoring groups to partner with Citizenship and Immigration Canada (CIC) when it comes to the resettlement of refugees. This is especially so for refugees who, because of special needs or circumstances, need to go through an extended resettlement period and need additional support over and above that which government assistance or regular private sponsorship alone can cover.

Under the provisions of the Joint Assistance Sponsorship (JAS) program, private sponsors typically provide resettled refugees with orientation, significant settlement assistance and emotional support. This is essential for supplementing the financial assistance and immediate and essential services that are available through the Resettlement Assistance Program (RAP). The authorities believe that with the extra attention and care, Joint Assistance Sponsorship (JAS) cases can begin adapting to life in Canada within the period support, which is usually 12 – 24 months, but which, in some exceptional circumstances only, could even extend for up to 36 months.

In order for the authorities to consider the refugee to be eligible for a Joint Assistance Sponsorship (JAS), the refugee will need to:

• Be a member of the Convention Refugees Abroad Class, the Source Country Class or the Country of Asylum Class
• Have a greater need of resettlement assistance than other Government Assisted Refugees (GARs) because of exceptional resettlement needs such as one or more of the following:
  • Physical or mental disabilities that could necessitate treatment in Canada
  • Unusual family configurations such as single parent families with several young children or families consisting only of siblings, one or more of whom might have assumed parental responsibilities
  • Separated minors
  • Elderly persons or,
  • Other special needs identified by the visa office

The Step by Step Procedures for Visa Office Referred (VOR) and Joint Assistance Sponsorships (JAS) Referrals

The instructions that follow are supplementary to those given in OP 05. The officers will need to:

• Identify a ready to travel case, where the authorities have completed the eligibility assessment and the medical, security and criminality screening i.e. positive selection, background and medical decisions
  • It is worth mentioning that the Visa Office Referred (VOR) cases should not have settlement needs exceeding those usually found within the refugee population
  • Similarly, the Joint Assistance Sponsorship (JAS) cases will need to meet the special needs criteria outlined above
• Ensure that the applicants have provided their signed consent to the release of personal information from their files to the settlement service providers – including sponsors
  • These authorisations are available on the Refugee Referral Form (RRF) from the United Nations High Commissioner for Refugees (UNHCR) and / or on the ‘Authority to Disclose Personal Information and Declaration’ given in Schedule 2 of the IMM 0008
    • It is worth mentioning that the authorities will need to ensure the completion of this form at the time of the interview for all refugee and humanitarian and protected persons abroad cases
• Fill out the Visa Office Referred (VOR) Referral Template i.e. Annex 1 or the Joint Assistance Sponsorship (JAS) Referral Template i.e. Annex 2 and ensure the inclusion of the settlement needs information based on the interview notes and the medical notes
  • The information from the medical notes must have their basis in the IMM 5544B Resettlement Needs Assessment Form that the Designated Medical Practitioner (DMP) usually completes
• Save the completed template as a Word document, attach it to an e-mail message and send it to the Matching Centre at [email protected]
  • The Matching Centre will be responsible for preparing a refugee profile and posting it on a secure website, which the Sponsorship Agreement Holders (SAHs) and local Citizenship and Immigration Centres (CICs) will be able to access easily
  • Upon finding a sponsor who is willing to support the refugees after their arrival in Canada and matching it to a case, the Matching Centre will notify the visa office to proceed with the finalisation and the Notification of Arrival Transmission (NAT)

The Role of the Visa Office in Facilitating Communication Between Sponsors and Applicants

The sponsoring group typically undertakes to sponsor a case under the Joint Assistance Sponsorship (JAS) or Visa Office Referred (VOR) programs. The authorities encourage these groups to establish contact with the refugees prior to their arrival in Canada. This early communication, initiated via a letter of introduction contains invaluable settlement information. As such, it helps both refugee and sponsor alike to understand what they can expect from each other. Thus, it eases the integration process considerably.

Citizenship and Immigration Canada (CIC) can help in facilitating this communication in two ways.

• In case Citizenship and Immigration Canada (CIC) finds that it can contact the applicants directly, the visa office will include their contact information i.e. mailing address, e-mail address and / or telephone number), on the Joint Assistance Sponsorship (JAS) or Visa Office Referred (VOR) Referral Template
  • Thereafter, the Matching Centre will share these details with the sponsoring group once the parties have signed the undertaking
• In case Citizenship and Immigration Canada (CIC) finds that it cannot contact the applicants directly because the applicants live in a refugee camp, the visa office will need to transmit one piece of correspondence from the sponsoring group to the International Organisation for Migration (IOM), the United Nations High Commissioner for Refugees (UNHCR) or another organisation present in the camp, which can pass on the message to the refugees
  • It is worth mentioning that such messages will typically be brief
  • In addition, the local Citizenship and Immigration Canada (CIC) or the Matching Centre will be responsible for sending this message to the visa office as e-mail attachments

Under the provisions specified in this temporary public policy, an eligible child is a child:

• Who had a pending permanent resident application or whose parent has a pending permanent residence application (in which case, the parents would have identified the child as additional family) either:
  • On May 03, 2017 or,
  • On the date on which the authorities received the application, as long as they received it between May 03 and October 23, 2017
• Who was 19, 20 or 21 years old as of May 03, 2017, or as of the date on which the parents made their permanent residence application, as long as the authorities received it between May 03 and October 23, 2017 and,
• Who is not a spouse or common-law partner and is not otherwise inadmissible

Officers could come across situations where the children meet the eligibility requirements specified. In this scenario, the officers have the authority to waive the definition of a dependent child under the provisions specified in section 2 of the Immigration and Refugee Protection Regulations (IRPR), as it read prior to October 24, 2017. In addition, the officers have the authority to waive the provisions specified in section R307, in relation to the fees required for an examination under the provisions specified in section 25.2 of the Immigration and Refugee Protection Act (IRPA), where applicable.

In some cases, the officers might receive a request to apply to have the child come to Canada, which the applicant might have submitted via the web form, prior to January 31, 2018. In this scenario, under the provisions specified under this public policy, the eligible child can be:

• Processed or added to an application as a dependent child in case the authorities had not issued the permanent resident visa or the Confirmation of Permanent Residence (COPR) at the time Immigration, Refugees and Citizenship Canada (IRCC) received the notification via the web form or,
• Sponsored as a member of the family class, once the authorities grant permanent residence to the parent

Notes:

• The authorities permit refugees and protected persons to add a child who was 19, 20 or 21 years old as of May 03, 2017, or on the date of receipt of the parent’s application, as an accompanying or a non-accompanying dependant to a pending application
  • However, this will not apply in case the child is a spouse or a common-law partner
  • Similarly, this will only take place as long as the authorities receive the application between May 03 and October 23, 2017
  • It is worth mentioning that non-accompanying dependents will be able to apply for permanent residence under the one-year window of opportunity provisions
• For the purpose of this public policy, the authorities typically consider an application as being a pending application, until the applicant’s departure for Canada (if the applicant is outside Canada), or until the authorities have granted permanent residence to the applicant (if the applicant is in Canada)
• Immigration, Refugees and Citizenship Canada (IRCC) will need to receive applications to sponsor a child who is eligible under the terms of this public policy and is 22 years or over at the time of sponsorship within one year after the parent receives permanent residence

The authorities require applicants to submit requests for adding or sponsoring a child under the public policy, in a proactive manner. Thus, Immigration, Refugees and Citizenship Canada (IRCC) will not contact applicants who have permanent residence applications in progress to offer them the option of adding or sponsoring dependants.

Parents who wish to add or sponsor a dependent child, will need to check the Immigration, Refugees and Citizenship Canada (IRCC) web tool titled ‘Find out if your child is a dependant’ first. This tool will enable them to find out if their child qualifies. In case they find that their child appears to have qualified, they will need to notify the Department of their intention to add or sponsor their child by submitting a request using the Immigration, Refugees and Citizenship Canada (IRCC) web form. It is worth mentioning that the parents will need to submit their requests by January 31, 2018.

Officers will need to remember that they cannot accept requests to add or sponsor a dependant sent directly to the office processing the principal applicant’s application. In such cases, the processing office will need to respond to the requestor and instruct them to submit the request via the Immigration, Refugees and Citizenship Canada (IRCC) web form. Once the requestor submits the web form, Immigration, Refugees and Citizenship Canada (IRCC) will contact the enquirer.

Some instructions that the requestors would do well to follow include:

• Selecting the option ‘Permanent residence – Add a dependent child under public policy effective October 24, 2017 to January 31, 2018’ from the dropdown list under the field titled ‘Type of Application / Enquiry’
• Completing all of the information, including the child’s name and the date of birth, in the field titled ‘Information of Dependent Child’
• Indicating whether the parents are requesting to add a dependant to an ongoing application or to sponsor a dependant in the field titled ‘Your Enquiry’
• Providing information about the parent, who is the principal applicant, in the field titled ‘Applicant Information’ and,
• Entering information about the person filling out the web form such as the parent or, if applicable, the authorised representative in the field titled ‘Enquirer Information’

The processing office will typically review the principal applicant’s file. Thereafter, it will determine whether the principal applicant has met all the requirements of the public policy – refer to the section titled ‘The Instructions for Determining a Child’s Eligibility Under the Public Policy’.

The authorities require officers to conduct a search of the principal applicant’s file. Doing so would enable the officers to locate the additional family information form applicable to the permanent residence program under which the applicants applied to confirm that they had listed the child. In some cases, the officers might find no evidence that the parents had listed the child on the application. In this scenario, the officers will not be able to process the dependant under the provisions specified in the public policy. As a result, the officers will need to send a letter to the principal applicant advising them that the officers are unable to add or sponsor a child under the public policy.

Similarly, situations could arise where the officers find that the child the parents are adding to the application, meets all the requirements prescribed under the public policy. In this scenario, the officers will need to send a letter to the applicant. The letter will advise the applicant that the child is eligible for processing. This letter will also include instructions directing the applicant to:

• Provide a letter advising the officers that the parents are applying under the public policy
• Submit the appropriate permanent residence processing fee for the addition of the child
  • It is worth mentioning that the dependents of protected persons and refugees selected overseas do not need to pay a fee
  • In addition, the officers can waive the requirements specified by the provisions in section R307 under the public policy
• Ensure that the doctors complete the medical examination of the child
• Ensure that the child completes and submits a Schedule A and other supporting documents required for facilitating medical, criminal and security checks
• Revise and submit the relevant forms and supporting documents in accordance with the applicable program requirements
• Be aware that the inclusion of the child in the application could result in a longer processing time, which the officers will not be able to estimate given that this timeframe typically varies from case to case
• Be mindful of the fact that the applicant will need to redo medical or security checks for the principal applicants or other accompanying dependants in case the validity of these checks happens to expire in the interim
• Be aware that in case the officers find the child to be inadmissible, this finding could well render the principal applicant and all other accompanying dependants inadmissible as well
  • For more details, officers will need to go through the section titled ‘What to Do When an Added Dependant is Determined to be Inadmissible’ given on the website of Immigration, Refugees and Citizenship Canada (IRCC)
• Ensure that the sponsors meet the program requirements prescribed, where applicable, which will typically increase with the additional dependant
  • These program requirements also include the minimum necessary income requirements
  • It is worth mentioning that failure to meet these requirements could result in the authorities refusing the application
  • Some programs might require the applicants to submit additional documentation
• Apply for and obtain a Quebec Selection Certificate (CSQ), where required, in case the dependants of applicants reside in or intend to reside in Quebec
  • In case the authorities require applicants to obtain an amended Quebec Selection Certificate (CSQ), the officers will follow the existing procedures
• Submit the required undertaking to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) for sponsors residing in Quebec

Note:

• In some cases, it is possible that the officers might be close to finalising the permanent residence application
• This is especially so in cases where the applicants have gone through all the checks prescribed, including the interview, if applicable
• Similarly, in some cases, it is possible that the officers issued the visa or the Confirmation of Permanent Residence (COPR) after the parents notified the Immigration, Refugees and Citizenship Canada (IRCC) of their intention to add the child
• In both scenarios, the addition of the child will likely significantly delay the processing of the parents’ applications
• As such, the processing office will need to inform the parents that in such cases, the parents could either send the requested documentation for adding the dependant to their applications or notify Immigration, Refugees and Citizenship Canada (IRCC) that the parents wish to sponsor the child after they have received permanent residence
  • In case the parents choose to notify Immigration, Refugees and Citizenship Canada (IRCC) that they wish to sponsor the child after they have received permanent residence, the officers will need to advise these parents that the parents will need to submit the sponsorship and permanent residence applications for the child within a year of receiving permanent residence
  • This is especially important in the case of children who will be older than 22 years at the time of sponsorship

The office processing the principal applicant’s application will need to process and finalise the application for the entire family, including:

• The principal applicant
• Any previously identified accompanying dependants and,
• The added child

This is in accordance with the specific program requirements.

It is worth mentioning that the procedures that officers need to follow upon accepting a child for processing as an accompanying family member under the public policy will usually mirror the procedures currently in effect for adding a dependent child to an application in progress. This applies across all permanent residence business lines.

The authorities require officers to determine whether a child requested for adding to an application meets the public policy requirements prescribed. Once the officers have determined this, they will need to send a letter to the principal applicant. The letter will direct the principal applicant to have the child complete and submit the following documents:

• The additional dependants / declaration form i.e. IMM 0008DEP
• Schedule A – The Background / declaration i.e. IMM 5669
• IMM 0008 – Schedule 2 and,
• The proofs of relationship

Situations could arise where officers come across family class applications where the principal applicant or their spouse (or their dependant) inform Immigration, Refugees and Citizenship Canada (IRCC) that they have a baby. In this scenario, the Case Processing Centre in Mississauga (CPC-M) will need to send a letter to the sponsor (and the co-signer, if applicable). The letter will advise the sponsor that the sponsor will need to continue to meet the minimum necessary income requirements prescribed. In some cases, though, the sponsor might be exempt from this particular requirement. In this scenario, the letter will need to notify the sponsor that the sponsor cannot receive social assistance for a reason other than a disability. In addition, the letter will need to instruct the sponsor to complete and submit the following documents:

• An updated IMM 1344 form
• An updated IMM 5768 form and,
• An updated IMM 5516 form

The Case Processing Centre in Mississauga (CPC-M) could send this letter via mail or e-mail. These procedures are in accordance with the procedures currently in place.

Note:

• For parent and grandparent applications, the authorities require the sponsors (and the co-signers) to meet the minimum necessary income requirements prescribed
• The authorities usually assess these minimum necessary income requirements based on the family size – including the added dependent child

For Express Entry economic cases, the officers will initially need to determine that the child that the parents have requested be added to the application, meets the public policy requirements specified. Once the officers have determined this to be the case, they will need to trigger a request to the principal applicant through the Global Case Management System (GCMS). This request will typically require the principal applicant to provide additional documents and information in accordance with the instructions for permanent residence applications submitted electronically. It is worth mentioning that the authorities require principal applicants to meet Express Entry settlement fund requirements, where required. These fund requirements will typically increase with the addition of a dependant.

In some cases, the applicants might wish to settle in Quebec. But, officers will need to remember that they cannot grant permanent residence to these individuals, where required under the provisions specified in the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR) and the Canada – Quebec Accord. In such cases, the prerogative lies with Quebec for determining whether these individuals meet the applicable requirements of the province. In addition, some cases might necessitate the requirement of a revised sponsorship undertaking to Quebec. This is usually so in cases where the sponsor resides in Quebec.

For resettled refugee and protected persons cases, the officers will initially need to determine that the child that the parents have requested be added to the application, meets the public policy requirements specified. Once the officers have determined this to be the case, they will need to:

• Waive the permanent residence processing fee for the child
• Send a letter via mail or e-mail to the principal applicant to have the child complete and submit (via mail or e-mail) the required additional forms and supporting documents
• Request a new sponsorship undertaking and settlement plan for privately sponsored refugees, which includes the new dependant
  • The new sponsorship undertaking and settlement plan will serve to ensure that the sponsor is aware of and willing to cover the cost of this additional family member
    • In some cases, the sponsor might not agree to sponsor the additional dependant
    • In this scenario, the officers will need to send a procedural fairness letter to the principal applicant to find a new sponsor
• Advise the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) and the sponsors of the request to add the child under the public policy for Quebec cases and forward them the required supporting documents and correspondence
  • One of the documents that the officers will need to forward will include the sponsorship undertaking to Quebec

The authorities permit refugees and protected persons to add a child who was 19, 20 or 21 years old as of May 03, 2017 or on the date of receipt of the permanent residence application (as long as the authorities received it between May 03 and October 23, 2017). The parents will need to ensure that the child is not a spouse or a common-law partner. Officers will add the children meeting these requirements as accompanying or non-accompanying dependants on pending applications. Non-accompanying dependants can apply for permanent residence under the one-year window of opportunity. In case the parents have already become permanent residents, they will be able to apply to sponsor eligible children.

The Fees

Where applicable, the officers will require the parents to pay the standard fee for processing an accompanying dependent child. Similarly, where applicable, the officers will need to waive the provisions specified in section R307, in relation to fees for an examination of circumstances under the provisions specified in section A25.2 (for resettled refugees and their dependents under the one-year window of opportunity) under this public policy.

The Admissibility

The authorities require children added to pending applications under the public policy to undergo the prescribed examinations. In addition, these children will need to meet the admissibility requirements prescribed pertaining to medical, security and criminal checks. Only then will these children be eligible for receiving permanent residence status.

Note:

• Situations could arise where the officers find that a child added to an application under the public policy is inadmissible
• In this scenario, the officers will need to contact the Immigration Program Guidance Branch for guidance

Parents will need to send applications to sponsor a child who is eligible under this public policy and who is 22 years or older at the time of sponsorship to the Department within one year after the date on which the parents received permanent residence. As such, the officers will continue to process children who are below 22 years of age at the time of sponsorship under the existing regulations.

The Case Processing Centre in Mississauga (CPC-M) will need to contact the processing office that processed the parent’s permanent residence application. This is necessary because the Case Processing Centre in Mississauga (CPC-M) will need to review the principal applicant’s file. In addition, it will need to confirm whether the principal applicant meets all the requirements of the public policy – refer to the section titled ‘The Instructions for Determining a Child’s Eligibility Under the Public Policy’.

It is worth mentioning that the officers do not need to examine a child aged 19, 20 or 21 years old between August 01, 2014 and October 23, 2017, as a condition of an application for permanent residence submitted by their parents during this period. This is because the section R2 definition of a dependent child that was in effect at that time did not describe such children. In other words, the authorities will not describe these children sponsored as principal applicants by parents who applied for permanent residence while the older definition (i.e. under 19 years of age) was in effect, as excluded dependants. This is in accordance with the provisions specified in paragraph R117 (9) (d) and subsection R117 (10).

Situations could arise where the officers find that the child is not eligible for the public policy because the child was 22 years or above on May 03, 2017. Similarly, the child might not be eligible for the public policy as the parent received permanent residence prior to May 03, 2017. In such cases, the officers will need to send letters to the parents, advising them that the child does not qualify for the public policy, but that other options are available for the child. In addition, the officers will also need to urge the parents to visit the website of Immigration, Refugees and Citizenship Canada (IRCC) to find out how someone might be eligible for immigrating to Canada.

The authorities require officers to conduct a search of the principal applicant’s file for locating the additional family information form submitted with the permanent residence application of the parent. This search would serve to confirm that the parent did indeed list the child on the application. In case the officers find that the parents did not list the child on the application, the officers will not be able to process the dependant under the public policy.

Similarly, situations could arise where the processing office is not satisfied that the applicant meets the requirements of the public policy. In this scenario, the officers will need to send a letter to the applicant, informing them that the child is ineligible. In some cases, the officers might not be able to make a determination because the information provided is incomplete or because someone apparently made a mistake. In this scenario, the officers will need to send a letter to the applicant, which provides the applicant with an opportunity for addressing any concerns.

Note:

• Officers will need to process children, who are below 22 years of age at the time of sponsorship (in case the Department received the application on or after October 24, 2017), in the usual manner under the provisions of the regulations.

The Fees

Where applicable, the officers will require the parents to pay the standard fee for sponsoring a dependent child.

Note:

• It is worth mentioning that the authorities usually base the processing fee for a child who is 22 years or older at the time of receiving sponsorship as a principal applicant (dependent child) under the public policy, on the child’s age on the date on which Immigration, Refugees and Citizenship Canada (IRCC) received the complete sponsorship and permanent residence application form
• As such, the authorities do not lock in fees based on when the parents applied for permanent residence

The Admissibility

The authorities require children added to pending applications under the public policy to undergo the prescribed examinations. In addition, these children will need to meet the admissibility requirements prescribed pertaining to medical, security and criminal checks. Only then will these children be eligible for receiving permanent residence status.

The Appeals to the Immigration Appeal Division (IAD) [Family Class]

People who sponsor a member of the family class have the right to appeal a decision not to grant a permanent resident visa to the person receiving sponsorship. This is in accordance with the provisions specified in subsection A63 (1).

The Background

The authorities published a regulatory amendment for raising the age limit of dependent children from under 19 years to under 22 years in the Canada Gazette, Part II on May 03, 2017. This regulatory amendment came into force on October 24, 2017. The higher age limit applies to applications received on or after October 24, 2017. In case the authorities received permanent residence applications from applications between August 01, 2014 and October 23, 2017, the under 19 years definition of a dependent child would continue to apply.

With the coming into force of the regulatory amendment, the Department has anticipated that there could be a considerable number of requests for adding or processing children aged 19 to 21 years on pending applications based on Humanitarian and Compassionate (H&C) considerations. It is worth mentioning that the assessment of requests for Humanitarian and Compassionate (H&C) consideration is discretionary, complex and resource intensive. Thus, a significant number of such requests, following the coming into force of the regulatory amendment, would result in a considerable increase in workloads of the officers. This, in turn, could lead to delays in the processing of applications across all lines of business.

The Public Policy Considerations

As mentioned previously, the authorities expect to receive a sizeable number of requests for Humanitarian and Compassionate (H&C) consideration for adding or processing older children on pending applications. This aspect, along with the desire to facilitate family reunification, has led to the authorities establishing a public policy. This public policy serves to enable the processing of children aged 19 to 21 years as dependants. This, in turn, would permit eligible applicants to benefit from the higher age limit with a lesser impact on the processing of the application.

For these reasons, the Minister of Citizenship and Immigration has established that sufficient public policy considerations exist that justify the granting of certain exemptions from the requirements specified in the Immigration and Refugee Protection Regulations (IRPR) in case the foreign nationals meet the eligibility criteria specified and the conditions specified subsequently. This public policy is pursuant to the provisions specified in section 25.2 of the Immigration and Refugee Protection Act (IRPA).

The Eligibility Criteria and Conditions

Based on public policy considerations, the authorities permit delegated officers to grant exemptions from the provisions of the Immigration and Refugee Protection Regulations (IRPR) specified below to foreign nationals who meet the following eligibility criteria and conditions.

As such, the officers will need to let foreign nationals make permanent residence applications for a child in case the:

• Child was 19, 20 or 21 years as of May 03, 2017 (i.e. the date of final publication of the regulatory amendment) or on the date the parents made the permanent residence application
  • However, it is worth mentioning that this is only possible in case the officers received the application on or after May 03, 2017 and before October 24, 2017
• Parent or the child had a permanent residence application that was either pending on May 03, 2017 or was one that the authorities had received on or after May 03, 2017 and before October 24, 2017
  • In such cases, the parents will need to have previously identified the child as ‘additional family’ on their application
• Child is not a spouse or a common-law partner and,
• Child is not otherwise inadmissible

In this scenario, the parents will be able to:

• Process or add the child to the application as a dependent child, in case the authorities had not issued the permanent resident visa or the Confirmation of Permanent Residence (COPR) at the time the applicants notified the Department of their intention of adding the child or,
• Sponsor the child as a member of the Family Class once the authorities grant permanent residence to the parent

Note:

• It is worth mentioning that the authorities permit refugees and protected persons to add a child who was 19, 20 or 21 years as on May 03, 2017, and not a spouse or a common-law partner, as an accompanying or non-accompanying dependant on a pending application
  • In this scenario, non-accompanying dependants will be able to apply for permanent residence within the one-year window
• The Department will need to receive the application to sponsor a child who is eligible under this public policy, especially if the child is 22 years or above at the time of sponsorship, within a year of the parents receiving permanent residence
  • It is worth mentioning that the officers will process children below 22 years of age at the time of sponsorship under the regular sponsorship regulations

The Notification Period: Parents who wish to apply for their child to come to Canada will need to notify the Department of their intention to do so by January 31, 2018, in accordance with the instructions specified by the Department.

The Fees: The authorities require parents to pay the standard fees for processing an accompanying or sponsored dependent child, where applicable.

The Pending Applications: For the purposes of this public policy, the authorities will consider an application as being pending until the applicant’s departure for Canada in case the applicant is outside Canada or until the authorities have granted permanent residence to the applicant, in case the applicant is in Canada.

The authorities passed the Immigration and Refugee Protection Act (IRPA) on November 01, 2001. The accompanying Regulations came into effect on June 28, 2002. These replace the provisions specified in the Immigration Act, 1976 and the Immigration Regulations, 1978.

The following table provides details on the provisions that apply to adoptions.

The Forms Required

The table that follows lists the forms typically required under the family member class.

The Fees

It is worth highlighting that each sponsorship application for an adopted child will need to include the applicable processing fees. For further information, officers will need to refer to the fees and cost recovery instructions.

The provisions specified in subsection A6 (1) provide the Minister with various authorisations. In particular, they authorise the Minister to designate officers for carrying out specific duties and power, in addition to delegating certain authorities. These provisions state those ministerial authorities that the Minister cannot delegate as well. Such ministerial authorities would typically relate to national interest or security certificates.

Pursuant to the provisions specified in A6 (2) of the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship and Immigration (CIC) has delegated powers and designated certain officials to carry out any purpose of any provisions legislative or regulatory in instrument IL 3 – Delegation and Designation.

The Intercountry Adoption Process – Immigration and Citizenship Streams

It is worth highlighting that intercountry adoption is a two step process. It typically comprises:

• The adoption process and,
• The immigration or citizenship process

The authorities have provided adoptive parents with two streams for obtaining status in Canada for their adopted child. These streams include:

• The immigration process via the provisions specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) and,
• The citizenship process via the provisions specified in the Citizenship Act

The adoptive parents could consider using the immigration process for:

• Dependent children who are under the age of 18 years at the time of the adoption i.e. refer to the provisions specified in R117 (2)
• Dependent children who are 18 years of age or over at the time of the adoption i.e. refer to the provisions specified in R117 (4) or,
• Children who are to be adopted in Canada i.e. refer to the provisions specified in R117 (1) (g)

Similarly, Canadian adoptive parents could consider using the citizenship process to apply directly for Canadian citizenship for their adopted child. The authorities have provided additional details on the citizenship process in chapter CP 14.

It is worth mentioning that the criteria for granting citizenship to foreign born adopted children of Canadian citizens under the provisions specified in the Citizenship Act and its Regulations are similar to those for granting permanent resident status to adopted children under the provisions specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).

The adoptive parents will need to choose the process that best corresponds to their situation. The table that follows summarises the main distinctions between the two processes.

In Canada, the provinces and territories (PTs) are responsible for adoption and child welfare. As such, provincial and territorial legislation and procedures protect the rights and the welfare of children.

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) reflect the provincial and territorial jurisdiction. They require that the child welfare authority of the province or territory (PT) to which the child is destined, provide a written statement that they do not object to the adoption. The authorities require a written statement to this effect in all cases where provincial or territorial jurisdiction applies. Provinces and territories (PTs) typically require a home study of the prospective adoptive parents. Only after this will they approve intercountry adoptions.

The Intercountry Adoption Services (IAS) is a unit within Citizenship and Immigration Canada (CIC). It is also Canada’s federal central adoption authority under the Hague Convention. The Intercountry Adoption Services (IAS) is typically responsible for intercountry adoption matters at the national and international levels. Therefore, it works directly with the provinces and territories (PTs) for providing information and guidance. But, provinces and territories (PTs) usually make the decisions pertaining to eligibility. In addition, they assist Canadians in their efforts to adopt.

The role of the Intercountry Adoption Services (IAS) in intercountry adoption typically comprises:

• The facilitation of communication and cooperation between various adoption authorities at the federal, provincial or territorial and international levels
• The facilitation of issue resolution and the development of pan-Canadian responses on matters such as unethical and irregular adoption practices
• The ability to provide advice on or to develop legislation, regulations, policies, procedures, standards and guidelines pertaining to intercountry adoption and,
• The collection and dissemination of information pertaining to intercountry adoption such as:
  • The adoption legislation
  • The policies and practices of countries of origin and,
  • Statistical data and research

Officers might feel the need to obtain additional information on the responsible central adoption authorities in the provinces and territories (PTs). For this, they would need to refer to the website of Citizenship and Immigration Canada (CIC). In addition, they will need to refer to Appendix A for more details on province-specific legislation.

The Hague Convention

Canada ratified the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (hereinafter referred to as the Hague Convention) on December 19, 1996.

In Canada, adoption is a provincial or territorial (PT) responsibility. Because of this, Canada extended the application of the Hague Convention to the Canadian provinces and territories (PTs) progressively, once each jurisdiction had enacted implementing legislation and established a central adoption authority. Since February 2006, the Hague Convention applies all over Canada. As such, provincial and territorial (PT) laws give effect to the provisions of the Hague Convention.

In Canada, the authorities have amended immigration and citizenship legislation for supporting Canada’s obligations under the Hague Convention. The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) reflect the provincial and territorial jurisdiction. The main provisions of the Hague Convention are to:

• Establish the necessary safeguards for ensuring that intercountry adoptions take place in the best interests of the child and with respect for their fundamental rights
• Establish a system of cooperation between contracting states for ensuring that those safeguards are respected, thereby preventing the abduction, sale of or traffic in children and,
• Secure the recognition in contracting states of adoptions made in accordance with the provisions specified in the Hague Convention

It is worth mentioning that the Hague Convention only covers adoptions that create a permanent parent-child relationship. As such, the Hague Convention applies where a child habitually residing in one Contracting State i.e. the state of origin, has been, is being or will be moving to another Contracting State i.e. the receiving state (or Canada), either after their adoption in the state of origin by spouses or a person habitually resident in the receiving state i.e. Canada, or for the purposes of such an adoption in the receiving state i.e. Canada or in the state of origin.

Situations could arise where the situation does not meet either of the two conditions. In this scenario, officers would need to remember that in such cases the provisions specified in the Hague Convention do not apply. However, the authorities generally accept that states party to the Hague Convention will need to extend the application of its principles to non-Hague Convention adoptions.

The table given below highlights the countries that are party to the Hague Convention and their date of membership.

Under the provisions specified in the Hague Convention, countries typically designate a central adoption authority. This authority is responsible for administering intercountry adoptions in a manner consistent with its provisions. In the case of Canada, the authorities have designated provinces and territories (PTs) as such authorities with case management responsibilities. The federal central adoption authority’s role is to facilitate communication and cooperation between Canadian central adoption authorities in the provinces and territories (PTs) and those of foreign governments.  As such, the central adoption authorities of the provinces and territories (PTs) will need to determine whether the provisions specified in the Hague Convention apply to a particular case.

The provisions specified in the Hague Convention require the central adoption authorities in the country where the adoption is taking place i.e. the sending country, to fulfil certain responsibilities. As such, the central adoption authorities in the countries where the adoption is taking place will need to ensure that:

• The child is legally free for adoption
• The institutions and authorities whose consent is essential for adoption have provided their consent freely in the required legal form and expressed in writing
• The birth parents have given their consent to the adoption and understand the consequences for their parental rights
• The decision to place a child for adoption does not have financial gain as its underlying intention and,
• The child’s consent to the adoption, in cases where such consent is necessary, has been given freely, in the required legal form and expressed or evidenced in writing

In addition, the provisions specified in the Hague Convention require the central adoption authority in the adoptive parents’ country of residence i.e. the receiving country to fulfill certain responsibilities too. As such, the central adoption authorities in the adoptive parents’ country of residence will need to ensure that:

• The adoptive parents are eligible and suitable to adopt a child and,
• The appropriate authorities have decided that the child can enter and live permanently in the receiving country

In a Hague Convention case, the authorities will only be able to finalise an adoption after the sending and receiving countries have verified the above-mentioned information. The provisions specified in the Hague Convention only permit the adoption to take place in either state of origin or the receiving state.

Officers might require additional details pertaining to the provisions specified in the Hague Convention. For this, they will need to refer to the following sections that appear subsequently in this document:

• The section titled ‘The Procedures that Officers Should Follow in Hague Convention Cases’ i.e. section 7.1 of OP 3 and,
• Appendix E for the complete process for Hague Convention Cases
  • This includes details on the roles of Canadian and foreign central adoption authorities

Officers might need to refer to the full text of the Hague Convention as well. For this, they will need to visit the website of the Hague Conference on Private International Law.

For more details on this, officers would need to refer to the following sections that appear subsequently in this document:

• The section titled ‘The Definitions’ i.e. section 6 of OP 3 and,
• The section titled ‘The Procedures’ i.e. section 7 of OP 3

Note:

• It is worth highlighting that the country where the child habitually resides determines whether the Hague Convention applies and not the country of the child’s nationality

The United Nations Convention on the Rights of the Child (CRC)

Canada is party to the United Nations Convention on the Rights of the Child (CRC) as well. With respect to adoptions, article 21 of the United Nations Convention on the Rights of the Child (CRC) specifies that ‘States Parties that recognise and / or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration’.

It is worth mentioning that the provisions specified in the Hague Convention give proper effect to article 21 of the United Nations Convention on the Rights of the Child (CRC) too. It does this by adding substantive safeguards and procedures to the broad principles and standards specified in the United Nations Convention on the Rights of the Child (CRC). In addition, Canada’s commitments as a party to the United Nations Convention on the Rights of the Child (CRC) exist regardless of whether the child in an intercountry adoption resides in a country that has implemented the United Nations Convention on the Rights of the Child (CRC).

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) also serve to promote consistency when officers assess the best interests of children. This serves to maintain Canada’s commitments as signatory to both the Hague Convention and the United Nations Convention on the Rights of the Child (CRC).

The table that follows lists the regulatory requirements without which adoptions will not be valid for immigration purposes.

Note 1:

• The provincial and territorial (PT) central adoption authorities for adoptions usually require a home study
• This enables them to complete adoptions in Canada
• Officers will be able to find more details on this in the section titled ‘The Guidelines for a Home Study Conducted by a Competent Authority’ that appears subsequently in this document i.e. section 5.5 of OP 3
• It is worth mentioning that home study is not a requirement specified in the Immigration and Refugee Protection Regulations (IRPR)

Note 2:

• It is worth mentioning that the consent of the biological parents is not an explicit Immigration and Refugee Protection Regulations (IRPR) requirement for the authorities to complete adoptions in Canada
• But, this is a requirement specified in the Hague Convention
• The authorities will require consent for a child to be legally available for adoption in non-Hague Convention cases for the adoption of a child in Canada as well

The provincial or territorial (PT) central adoption authority is responsible for carrying out an assessment of prospective adoptive parents with respect to their suitability to adopt. This is a pre-condition to the adoption.

For immigration purposes, the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) specify that a competent authority will need to conduct a home survey. This is especially so in the case of an adoption completed outside of Canada. This is in accordance with the provisions specified in R117 (3) (a). In Canada, competent authorities would typically comprise provincial or territorial (PT) authorities. They could also include individuals authorised by those authorities, such as accredited social workers. A letter of no objection or a notice of agreement from the province or territory (PT) approving the intercountry adoption would serve as a confirmation that the authorities have completed an acceptable home study. Situations could arise where officers require more details on the case processing centre procedures for requesting the letter of no objection. They would be able to find this in the section titled ‘The Guidelines for Information on the Child’s Medical Condition’ that appears subsequently in this document i.e. section 7.5 of OP 3.

It is worth highlighting however, that the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) do not require the authorities to conduct a home study in cases where the child is to be adopted in Canada. However, the provisions specified in the Hague Convention require that central adoption authorities in the receiving state ensure that the adoptive parents are eligible and suitable to adopt.

Provincial and territorial (PT) central adoption authorities usually require a home study for adoptions completed either in the state of origin or in their province or territory (PT). Thereafter, they confirm this in their letter of no objection or notice of agreement by stating that the competent authority has completed the home study.

Situations could arise where the provincial or territorial (PT) central adoption authorities do not require a home study. This is especially so in cases where these authorities have no jurisdiction. Provinces and territories (PTs) might have no jurisdiction in the following instances:

• In cases where the adoptive parents are not habitual residents of a province or territory (PT) at the time of completion of the adoption
• In cases where the child to be adopted is over 18 years of age and,
• In cases of relative adoption

Officers would be able to find more details on this in the following sections that appear subsequently in this document:

• The section titled ‘The Guidelines for Relative Adoptions’ i.e. section 5.23 of OP 3 and,
• Appendix A

In some cases, it is possible that the province or territory (PT) does not provide a letter of no objection. As such, the officer might not have evidence that any competent authority conducted a home study. In this scenario, the officer would need to:

• Ask the sponsor to provide proof that an accredited social worker in the province or territory (PT) of residence of the parents has conducted a home study
  • It is worth mentioning that the provincial or territorial (PT) central adoption authorities could provide a list of their accredited social workers
• Ask the sponsor to provide proof that the local child welfare authority or an accredited social worker in the country of residence of the parents (in case the parents reside outside of Canada and the adoption took place outside of Canada) conducted and approve a home study
  • In some cases, it might be clear that the authorities did not conduct a home study
    • In this scenario, the officer will need to request that the sponsor obtain a home study from a competent authority or an accredited social worker in the place of residence of the adoptive parents and,
• Refer the sponsor to an International Social Service (ISS) in the country of residence of the parents, in case such a service is not available in the sending state
  • Thereafter, the officer will need to arrange for the authorities to conduct a home study to determine the suitability of the adoptive parents

The table that follows describes the various types of provincial notification letters:

Provincial or territorial (PT) central adoption authorities are responsible for issuing a letter or agreement or a letter of no objection for adoptions. Visa officers would need to accept these letters as conclusive evidence that the sponsors and the adoptive parents have met the following requirements:

• The requirements specified in clause R117 (1) (g) (iii) (A) for a child to be adopted in Canada or.
• The requirements specified in paragraphs R117 (3) (a), R117 (3) (b), R117 (3) (c), R117 (3) (d), R117 (3) (e) and R117 (3) (g) for an adopted child

This is in accordance with the provisions specified in subsection R117 (7).

The central adoption authorities will typically provide the written statement (a letter of agreement or a letter of no objection to an adoption) to the visa officer. In case the officer receives evidence that the applicants do not meet the requirements specified below, the officer has the authority to suspend the processing of the application. The processing of the application will remain suspended until the officer provides that evidence to the competent authority of the province or territory (PT), after which that authority will confirm or revise its written statement. More details on this are available in subsection R117 (8). Situations could arise where the province or territory (PT) confirms that the letter of agreement or letter of no objection is still valid. In this scenario, the officer will need to determine whether to issue a visa or to refuse the case.

The officer will typically check whether the applicant meets all the following requirements. However, it is worth highlighting that the list given below is not exhaustive. The officer will need to check whether:

• The child was not legally available for adoption
• The parents did not give their free and informed consent to the adoption
• The adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention
• The adoption did not create a genuine parent-child relationship or,
• The adoption was not in accordance with the laws of the place where the adoption took place

It is worth highlighting that the letter of agreement or letter of no objection does not indicate whether the adoption is primarily for the purpose of obtaining status or privilege under the provisions given in the Immigration and Refugee Protection Act (IRPA). As such, visa officers bear the responsibility for making this determination. This is in accordance with the provisions specified in subparagraph R117 (1) (g) (i), paragraph R117 (2) (b) or paragraph R117 (4) (c).

Each country has its own requirements and procedures for intercountry adoptions. As such, the submission of a valid adoption order issued by the competent authority is satisfactory evidence that the applicants have met the applicable foreign legal adoption requirements. This is applicable unless there is some information to the contrary. This is in accordance with the provisions specified in R117 (3) (d). As stated in the previous section titled ‘The Provincial or Territorial (PT) Letter of Agreement or Letter of No Objection’, the letter of no objection from the province or territory (PT) is conclusive evidence that the applicants have met the requirements specified in paragraph R117 (3) (d).

The authorities require officers to be especially vigilant when they assess adoptions where:

• The registration of the adoption order is not a legal requirement
• The applicants have not strictly followed the requirements of the applicable adoption laws and,
• The country does not authorise international adoptions

In any of these circumstances, officers will need to carefully consider whether the adoption fully complies with the laws of the country where it took place. In addition, the officers will need to consider whether the adoption creates a genuine parent-child relationship as well. In some cases, the officers might have some concerns. In this scenario, they would need to communicate these concerns to the provincial or territorial (PT) central adoption authorities. For more details on this, officers will need to go through the section titled ‘The Guidelines for a Genuine Parent-Child Relationship’ that appears subsequently in this document i.e. section 5.10 of OP 3.

The authorities provide recognition to adoptions legally recognised where they occur in all provinces and territories (PTs) of Canada except Quebec. In Quebec, tribunals will need to grant recognition after the child arrives in Canada. However, this process does not have any impact on immigration processing. For more details on this, officers will need to refer to Appendix A.

Officers have the authority to refuse applications in case the adoption does not comply with the laws of the country where it took place, and as a result, the province or territory (PT) did not issue a letter of no objection. In such cases, the adoption of the child will not take place and thus, the child will not be a member of the family class.

The authorities have moved this content as part of the Department’s efforts to modernise operational guidance to staff. It forms part of the Program Integrity section currently.

The Guidelines for a Genuine Parent-Child Relationship

The provisions specified in paragraph R117 (3) (c) require that an adoption should create a genuine parent-child relationship. This is especially in the case of the adoption of a minor child. In order to meet this criterion, an adoption order will need to create a genuine parent-child relationship both in law as well as in fact.

Officers will need to take the letter of agreement or the letter of no objection from the provincial or territorial (PT) central adoption authorities as conclusive evidence that the adoptive parents meet this requirement. This is in accordance with the provisions specified in subsection R117 (7).

The provisions specified in paragraph R117 (4) (b) mandate the existence of a genuine parent-child relationship at the time of the adoption. In particular, it expects the genuine parent-child relationship to have existed before the child reached the age of 18 years. This is especially so in the case of an adult adoption.

As such, the authorities require officers to assess whether an adoption has created a genuine parent-child relationship. To assess this, officers will need to look closely at the effects of the adoption to determine:

• Whether the adoption completely severs the adopted child’s former legal ties with their biological parents and thereby, creates a new legal parent-child relationship
• The authenticity of the parent-child relationship, the establishment of which is the primary purpose of an adoption i.e. officers will need to ensure that an adoption is not a means for a child to gain admission to Canada and,
• Whether the adoption is in accordance with the laws of the place where the adoption took place and the laws of the place of residence of the adoptive parents
  • For more details on this, officers will need to go through:
    • The section titled ‘The Laws of the Place Where the Adoption Took Place’ i.e. section 5.8 of OP 3 and,
    • The section titled ‘The Laws of the Place of Residence of the Prospective Adoptive Parents’ that appears subsequently in this document i.e. section 5.12 of OP 3

It is worth mentioning that an assessment of the severing of pre-existing legal parent-child ties only applies where there are living parents with whom the child has a legal parent-child relationship at the time the adoption takes place. This requirement is not relevant in cases of orphaned or abandoned children. This is because such cases will usually not feature any pre-existing parent-child relationship.

The term ‘best interests of the child’ is a concept that many legal instruments pertaining to children’s issues typically contain. For instance, the provisions in the Hague Convention and the Canada Divorce Act refer to this term frequently. The provisions given in the Hague Convention contain certain rules to ensure that adoptions take place in the best interests of the child and with due respect for their fundamental rights. These rules include the principle of subsidiary i.e. consider solutions in the country of origin first. They serve to ensure that the child is adoptable, after thoroughly evaluating the prospective adoptive parents and matching the child with a suitable family.

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) require that the provincial or territorial (PT) central adoption authorities provide documentary evidence to satisfy visa officers that the adoption is in the best interests of the child. Similarly, in the case of a child who resides in a country that is a party to the Hague Convention, the authorities require that the central adoption authority of that country provide documentary evidence to satisfy visa officers that the adoption is in the best interests of the child. To satisfy this requirement, the provincial or territorial (PT) child welfare authority will typically need to issue a letter of no objection. The letter of no objection is conclusive evidence that the adoptive parents have met the requirements specified in subsection R117 (3) in order for the authorities to consider the adoption as being in the best interests of the child.

The provisions specified in paragraph R117 (3) (e) require that adoptions conform to the laws of the place of residence of the prospective adoptive parents.

Thus, as a starting point, officers will need to first determine the prospective adoptive parents’ place of residence. In the vast majority of cases, this will usually be a province or territory (PT) in Canada. Situations could arise where it is not clear that the adoptive parents’ country of residence is Canada. In this scenario, the officers will need to determine residency. For this, they will need to carry out an assessment of all the circumstances of the case. In particular, the officers will need to take the following factors into consideration:

• Whether the authorities would be right in saying that a particular country of residence is the place where the prospective adoptive parents regularly, normally or customarily reside and,
• Whether a particular country of residence is the country in which the prospective adoptive parents have centralised their mode of existence

In some cases, the officers might conclude that the prospective adoptive parents reside in Canada. In this scenario, they would need to ensure that the adoption complies with all the applicable adoption laws of the province or territory (PT). Usually, provincial or territorial (PT) notification letters specify in writing that the adoption complies with the adoption laws of the province or territory (PT) in which the prospective adoptive parents reside or intend to reside. Officers would be able to find more details on this in the section titled ‘The Provincial Notification Letters’.

However, certain cases might warrant the involvement of the provincial or territorial (PT) central adoption authorities. This would usually be the case if the adoptive parents reside in Canada at the time the adoption takes place.

For more information on adoption legislation in specific provinces and territories (PTs), officers will need to refer to Appendix A.

Situations could arise where the prospective adoptive parents are not habitual residents of Canada. However, these individuals would still need to meet the regulatory requirements for receiving a permanent resident visa under the family class for:

• An adopted child
• A child to be adopted in Canada or,
• An adopted adult

It is worth mentioning that in such cases, the provincial or territorial (PT) central adoption authorities do not have any jurisdiction. As such, they will not be providing a letter of no objection.

The authorities require a person who wishes to sponsor a member of the family class to reside in Canada. This is in accordance with the provisions specified in paragraph R130 (1) (b). A Canadian adoptive parent who resides abroad and has adopted a child outside Canada could be exempt from the requirement of residing in Canada. But, these individuals will need to satisfy immigration officials that they will reside in Canada once their adopted child becomes a permanent resident in Canada. This is in accordance with the provisions specified in paragraph R130 (2).

It is worth mentioning that this exemption does not apply to sponsors who are permanent residents. This is because the authorities require them to reside in Canada in order to be eligible to sponsor. This exception typically applies to adopted children who meet the definition of a dependent child under the provisions specified in section R2. In addition, a sponsor of a child intended to be adopted in Canada does not quality for the exceptions specified in subsection R130 (2). This is because the child does not meet the definition of a dependent child.

Child trafficking and undue gains serve to contravene the laws of most countries. This is why the authorities require that all adoptions take place in accordance with the intent and the spirit of the provisions specified in the Hague Convention. This is applicable even if an adoption is from a country that has not ratified the Convention.

Situations could arise where an officer has evidence that child trafficking has taken place. Similarly, in some cases, officers might feel that there was undue gain in the process i.e. people sold a child or an improper financial gain took place. In both these scenarios, the officers will need to refuse the case on the basis that the applicants did not meet the adoption requirements according to the spirit and the intent of the Hague Convention. For more information on this, officers will need to go through the following sections:

• Subparagraph R117 (1) (g) (ii)
• Clause R117 (1) (g) (iii) (A)
• Paragraph R117 (3) (f) and,
• Paragraph R117 (3) (g)

In addition, the officers would need to inform the appropriate local authorities of the criminal activities (if applicable). Thereafter, they would need to advise the following Canadian authorities as well:

• The Canadian central authority for child abduction via the Department of Foreign Affairs, Trade and Development
• Our Missing Children, via the Canada Border Services Agency (CBSA) and,
• The provincial or territorial (PT) child welfare authority (in case the child is in Canada)

The Guidelines Pertaining to the Suspension or Closure of Intercountry Adoptions by a Province or Territory (PT)

In certain situations, suspensions or closures of intercountry adoption programs with a country might be the only recourse for protecting children and their families. This step might help in stopping unethical or irregular activities in that country as well. In the view of the authorities, the following situations are of primary concern:

• Situations of child abduction and trafficking
• The removal of children from their families without proper parental consent and,
• Situations where the prospects for improvement in the country in the absence of international pressure appear remote

As mentioned earlier, provinces and territories (PTs) have jurisdiction over adoption. However, Citizenship and Immigration Canada (CIC), through its Intercountry Adoption Services, works with the provincial or territorial (PT) central adoption authorities for reaching a pan-Canadian decision for imposing a suspension or a closure of intercountry adoption activity with a given country. However, provinces and territories (PTs) have the ability to individually close adoptions from certain countries without the consent of other provinces and territories (PTs) too.

Following the imposition of a suspension or closure on adoptions from a specific country, the provincial or territorial (PT) central adoption authorities will decline to issue letters that the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) typically requires for the approval of a case. As such, officers will need to refuse such cases based on the non-approval of the province or territory (PT).

Citizenship and Immigration Canada (CIC) typically works with provinces and territories (PTs) to consider the lifting of a suspension. However, it will only do this when sufficient evidence exists of reform and safeguards for protecting the best interests of children in the country.

Situations could arise where provincial or territorial (PT) jurisdiction does not apply. This would typically be the scenario when the adoptive parents do not reside in a Canadian province or territory (PT) at the time of the adoption and have undertaken a domestic adoption abroad. In this scenario, officers will need to scrutinise the adoption carefully. This would enable them to ensure that the adoptive parents have met all the prescribed regulatory requirements. It would help them to ensure that the adoption helps in protecting the best interests of the child as well.

Officers will need to refer to the website of Citizenship and Immigration Canada (CIC) to obtain a list of countries on which the authorities have placed a suspension or closure.

The provisions specified in section R118 require that adoptive parents provide a written statement to the visa office. This statement will serve as a confirmation that the adoptive parents have obtained complete information about the child’s medical condition. It is worth mentioning that many adoptions have failed and have resulted in child abandonment when the prospective family was not equipped to deal with a particular medical condition or was misinformed. For more details on this, officers will need to go through the section titled ‘The Procedures Pertaining to Multiple Adoptions’ that appears subsequently in this document i.e. section 7.8 of OP 3.

In all cases of adoption, the genuine and informed consent of the biological parents (where applicable) will need to be available. This is in accordance with the provisions specified in paragraph R117 (3) (b). The letter of no objection serves as conclusive evidence that the adoptive parents have met this requirement. This is in accordance with the provisions specified in subsection R117 (7).

In case both the biological parents are alive, both will need to give their consent. Situations could arise where only one parent gives consent to an adoption. In this scenario, the officer will need to be satisfied that the second parent has no legal rights with respect to the child.

In foreign jurisdictions, some adoption laws might lack clarity about the full and permanent severing of ties. In some cases, the cultural milieu might embrace the sharing of parental responsibilities. In such cases, it is especially important for officers to ensure that the biological parents fully comprehend that the adoption of the child by Canadian parents will fully and permanently sever pre-existing parental ties. This is final in accordance with Canadian law.

It is worth highlighting that a full adoption will sever a child’s legal relationship to their birth parents. This is in accordance with the provisions specified in paragraph R3 (2). As such, an adopted child will not be able to sponsor a birth parent subsequently. A full adoption also has the effect of severing ties to other members of the biological family i.e. brothers, sisters, grandparents, aunts, uncles, nieces, nephews and cousins etc.

In some cases, officers could come across cases of adoption by step-parents for jointly becoming the parent of the child of their spouse or partner. In this scenario, the relationship between the child and the remaining biological or legal parent does not require any severance.

Officers at the case processing centre will need to verify that sponsors submitting an IMM 1344 form for relatives are not in these kinds of situations. Situations could arise where officers have doubts about a specific case. In this scenario, they would need to check for an immigration file for the sponsor.

Officers would need to inform the case processing centre in case a child who was adopted outside of Canada has sponsored a birth parent. The case processing centre staff will need to tell the sponsors that they are ineligible. This is because the biological family members of an adopted person do not qualify as members of the family class.

Situations could arise where foreign and Canadian adoptions authorities might revoke foreign adoptions. An adoption revocation refers to a court decree that voids the adoption order. Once the authorities revoke the adoption, the child assumes the status that the child had prior to the adoption proceedings. In some cases, it might be evident that the revocation took place in order to facilitate the sponsorship. In this scenario, the officers will not find the sponsor eligible. This is in accordance with the provisions specified in paragraph R133 (5).

In some cases, the case processing centre could become aware that the sponsor was previously adopted. This would usually take place during the assessment of the sponsor’s eligibility for a family class application. In this scenario, the sponsor will need to provide a copy of the court decree revoking the adoption. This would enable the case processing centre to assess whether the sponsor is eligible to sponsor their biological family members.

The sponsorship application will proceed as usual if the officers are satisfied that the sponsor did not undertake the revocation in order to facilitate the sponsorship of a biological family member under the family class. However, in some cases, the visa officers might feel that they have reason to believe that the reason for the revocation was to facilitate the sponsorship of a biological family member under the family class. In this scenario, the officer will need to request additional information. In addition, the officers could conduct investigations or interviews as required (if necessary), for determining whether this was a revocation of convenience. In some jurisdictions, the authorities cannot revoke an adoption. Therefore, it is necessary for officers to check with the visa office responsible for the country in which the adoption took place for determining whether a revocation is possible.

It is worth highlighting that the current provisions specified in the Immigration and Refugee Protection Regulations (IRPR) do not include guardianship arrangements under the family class. As such, legal guardians will not be able to sponsor children under their guardianship as adopted children. For more details on this, officers will need to refer to the section titled ‘The Definitions’ that appears subsequently in this document i.e. section 6 of OP 3.

In some foreign jurisdictions, the system of guardianship in place neither terminates the birth parent-child relationship. Nor does it grant full parental rights to the guardian. Similarly, the laws of the jurisdiction where the child resides might not allow for a legal adoption to take place. In this scenario, the provincial or territorial (PT) central adoption authorities will not issue a letter of no objection. As such, the authorities will consider that the applicants do not meet the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) for either an adopted child or for a child to be adopted in Canada.

Similarly, the laws of some countries might have a guardianship system in place. But, they might not permit adoptions in their jurisdiction. But, they might permit children to be legally available for adoption in Canada. In this scenario, it might be possible for Canadians and permanent residents to sponsor children to be adopted in Canada.

The authorities permit sponsors to sponsor orphaned relatives. However, the orphaned relatives must:

• Be under 18 years of age
• Be unmarried
• Not be in a common-law relationship and,
• Be the sponsor’s brother, sister, nephew, niece or grandchild

This is in accordance with the provisions specified in paragraph R117 (1) (f).

In all cases of orphaned relatives, officers will need to request written consent of the appropriate authorities in the child’s country of residence. Only after obtaining this will the authorities permit the removal of the child from that country. In addition, the authorities require the adoptive parents to obtain the written consent of any legal guardians as well.

Sponsors residing in Quebec will need to contact the office of the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) for ascertaining the sponsorship requirements in Quebec. The Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) might approve engagements for orphans on receipt of a positive recommendation from a representative from Centre Jeunesse, who will typically conduct a home study prior to making the recommendation.

On receiving an application from an orphaned relative, the visa office will need to:

• Verify that the child is:
  • An orphan
  • Under 18 years of age on the date on which the Case Processing Centre in Mississauga (CPC-M) received the IMM 1344 form with the correct and complete processing fees
  • Not a spouse or a common-law partner and,
  • Related to the sponsor as specified in paragraph R117 (1) (f) and,
• Issue the appropriate medical instructions

Note:

• It is worth mentioning that the question of guardianship typically arises in the case of young foreign nationals who are not accompanied or are not destined to a legal guardian
• Therefore, officers could request for written consent from the appropriate authorities in the child’s country of residence prior to permitting the removal of the child from that country for the child’s protection and well-being
• In addition, officers could counsel sponsors to obtain legal guardianship of the child when the child arrives in the province or territory (PT) of residence
• This would go a long way towards ensuring that the sponsor has legal obligations towards the sponsored child

Situations could arise where some adoptive parents do not have the full name and the date of birth of the child to be adopted at the time of application. In this scenario, the adoptive parents will need to follow the instructions for the sponsorship of children who are not yet identified. The authorities have provided these details in Appendix A of the sponsor’s guide i.e. IMM 5196. Thereafter, the adoptive parents would need to complete the IMM 0008 form with as much information as possible. The adoptive parents will need to leave the name field blank in case they do not know the name of the child.

The Case Processing Centre in Mississauga (CPC-M) will treat applications to sponsor unnamed children in the same manner as it does for applications having named children.

The authorities encourage officers to create unnamed children applications in the Global Case Management System (GCMS). For this, the officers will need to include the information specified in the IMM 0008 form received with the sponsorship application. This information could comprise the following details:

• The Family Name – the last name (s) of the sponsor or the adoptive parents
• The Name (s) – blank, ‘baby’ or ‘child’
• The Date of Birth – ** asterisks **
• The Gender – unknown

It is worth highlighting that the sponsor bears the responsibility for notifying the appropriate visa office once the sponsor has identified the child. Thereafter, the visa officers would need to proceed to updating the name of the child in the application originally created in the Global Case Management System (GCMS).

Officers typically process sponsorship applications for an adopted child or for a child to be adopted based on priority by the Case Processing Centre in Mississauga (CPC-M) and visa offices. This applies to sponsorship applications for orphaned relatives as well.

When it comes to processing priorities, visa offices would need to remember that cases involving adoption could involve minors who have been abandoned and placed with child welfare authorities. Many of these children will be without parental care. As such, the visa offices would need to accord priority to such cases.

Situations could arise where the adopted child is related to the adoptive parents. In this scenario, the authorities will need to sever the pre-existing legal parent-child relationship under the law. This means that the biological parent should no longer be acting as a parent after the adoption has taken place. But, it is likely that an ongoing relationship and contact with the biological parent and the extended family could continue taking place.

However, the new parent-child relationship between the adopted child and the adoptive parents should be evident. In particular, it must not simply exist in law. In addition, the officers will need to have evidence that the biological parents entirely comprehend the effects of a full adoption. In particular, the officers will need to have the written consent to the adoption provided by the biological parents too. Besides this, the biological parents will need to support a determination that they have met all the requirements specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). It is worth mentioning that a home study might not be a requirement for relative adoptions in all provinces and territories (PTs).

In some cases, a provincial or territorial (PT) court might complete relative adoptions in Canada. In this scenario, the corresponding central adoption authority will not be involved. This authority will need to issue a letter of no involvement. It is worth mentioning that a home study might not be a requirement for domestic relative adoptions in all provinces and territories (PTs). As such, it is possible to use the adoption order as evidence that the adoption took place in accordance with the laws of the province or territory (PT) where it took place.

The guidelines specified in subsection R117 (4) provide for the sponsorship of an adopted child of 18 years of age or older. In such cases, the officers will need to ensure that the applicants meet the following requirements:

• The adoption will need to be in accordance with the laws of the location where it takes place
  • In case the sponsor resides in Canada at the time of the adoption, the adoption will need to be in accordance with the laws of the province or territory (PT) in which the sponsor resides
• The case must be one that attests to the establishment of a genuine parent-child relationship before the applicant turned 18 years of age
  • In addition, this parent-child relationship must continue to exist and,
• The adoption must not have been undertaken to accomplish the primary objective of gaining status or privilege in Canada based on the provisions specified in the Immigration and Refugee Protection Act (IRPA)

A foreign national, whose adoption takes place when the child is 18 years of age or older, will need to satisfy the definition of a dependent child specified in section R2. This would enable the authorities to consider the foreign national as a member of the family class in accordance with the provisions specified in subsection R117 (1). For more details on this, officers will need to refer to the section titled ‘The Definitions’ that appears subsequently in this document i.e. section 6 of OP 3.

An example of adult adoption is when a person adopts an individual as a foster child after the individual turns 18 years of age. In this case, the adoptive parent goes by the term of foster parent.

Officers could request applicants to provide additional evidence in certain cases. This evidence must prove that there was a parent-child relationship before the applicant turned 18 years of age and at the time the adoption of the applicant took place.

Note:

• It is worth highlighting that some provinces and territories (PTs) do not have laws regarding adult adoption

In some exceptional cases, officers might find that the applicant does not meet all the requirements specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). But, officers would need to remember that the applicant might be exempt from these requirements based on Humanitarian and Compassionate (H&C) considerations. As such, officers will need to take these considerations into account for the best interests of the child.

The provisions specified in section A25 require officers and delegated authorities to examine Humanitarian and Compassionate (H&C) factors on the applicant’s request. In some cases, the officers might believe that there are strong Humanitarian and Compassionate (H&C) factors in the case. In this scenario, the officers would need to, on their own initiative, and without the applicant having specifically requested it, put the case forward to the appropriate delegated authority to approve the application of subsection A25 (1). For more details on this, officers would need to refer to the program delivery instructions on Humanitarian and Compassionate (H&C) considerations.

The authorities permit Canadian intending parents, who have no genetic or biological link to the child born through surrogacy arrangements undertaken by the Canadian intending parents, to adopt the child. But, officers will require the intending parents to go through a DNA test or disclosure. Thereafter, the parents could choose to pursue either a citizenship or immigration adoption. In some countries, the surrogacy laws require that the birth certificate name the intending parents. In these instances, the sponsor will not be able to sponsor the child. This is because the child is not eligible for adoption.

It is possible that a birth certificate presented in a surrogacy case might show the contracting parents as the birth parents. However, this is only evidence that the local authorities registered the child’s birth in the names of the contracting parents. This does not constitute evidence that there is any legal, genetic or biological relationship. The birth mother could also provide a declaration by which the birth mother would surrender all her rights to the child in favour of the contracting parents. But, this is only valid as a contractual arrangement between those parties. It does not serve to establish that the contracting parents have legal custody of the child or the authority to remove the child from the country of origin.

The authorities might not confer the entitlement to exclusive custody of the child to parents who are Canadian citizens or permanent residents. Thus, they might not have the authority to remove the child from the country of origin until a court of competent jurisdiction grants them that specific custody and authority. Officers might also come across situations where there is no genetic or biological link to the Canadian intending parents. In this scenario, the contracting parents will need to adopt the child by following the standard procedures for international adoption. Thus, they would need to obtain sponsorship, a home study and a provincial or territorial (PT) no objection letter.

In exceptional cases, it might not be possible for the intending parents to adopt the child. In such cases, the officers could facilitate the child’s return to Canada through discretionary citizenship or immigration case processing. In some cases, this might include a Temporary Resident Permit (TRP) and Humanitarian and Compassionate (H&C) permanent resident processing. In case the officers consider using Humanitarian and Compassionate (H&C) considerations for the permanent residence application or the issuance of a Temporary Resident Permit (TRP), the officers will need to take into account factors such as:

• The best interests of the child and,
• The provincial or territorial (PT) legislation

It is worth highlighting that some provinces and territories (PTs) might not recognise the parent-child relationship in surrogacy cases without any genetic link. In the province of Quebec, surrogacy agreements are null and as such, have no legal standing.

For more information on surrogacy, officers will need to refer to the prohibitions related to surrogacy specified by Health Canada.

For the guidelines on the interpretation of the term ‘biological child’ in situations that involve the use of human reproductive technology, officers would need to refer to section 5.14 in OP 2. For more details on how they could take into account Humanitarian and Compassionate (H&C) considerations, officers would need to refer to the program delivery instructions on Humanitarian and Compassionate (H&C) considerations.

For information on citizenship policy in relation to assisted human reproduction, including surrogacy arrangements, officers would need to refer to the citizenship program delivery instructions.

The Definitions

The notice of agreement i.e. a provincial or territorial (PT) letter authorising the adoption under the provisions specified in the Hague Convention, replaces the letter of no objection. For more details on this, officers would need to refer to the section titled ‘The Provincial Notification Letters’ i.e. section 5.6 of OP 3.

In Hague Convention cases, the authorities would only be able to finalise adoptions when the child meets all the prescribed requirements for obtaining permanent resident status in Canada.

When the authorities receive an application in the case of an adoption to which the provisions specified in the Hague Convention apply and once the authorities receive a notice of agreement from the provincial or territorial (PT) central adoption authorities, the visa offices will need to:

• Match up the sponsorship with the application form and notice of agreement from the province or territory (PT)
• Issue the medical examination form i.e. IMM 1017 as appropriate
• Notify the provincial or territorial (PT) central adoption authorities promptly by e-mail when the child meets the prescribed immigration requirements – for more information on this, officers would need to refer to the section titled ‘The Regulatory Requirements for Adoptions to be Valid for Immigration Purposes’ i.e. section 5.4 of OP 3
  • The provincial or territorial (PT) central adoption authorities would then need to notify the central adoption authority in the country of origin, which would enable the central adoption authority in the country of origin to finalise the adoption
  • Officers would need to refer to Appendix B for the list of central adoption authorities
  • Officers would need to refer to Appendix D for the sample e-mail
• Verify that the sponsors have the appropriate authority for taking the child to Canada once the visa office receives the notification from the provincial or territorial (PT) central adoption authorities that the adoption procedures or the child’s transfer to the adoptive parents is complete
  • It is worth mentioning that the authority to take the child to Canada could be:
    • The final adoption order – in case the adoption has already taken place or,
    • A custody order – in case the adoption will take place in Canada
  • The central adoption authority of the country of origin and the receiving province or territory (PT) will need to approve all adoption cases under the Hague Convention
  • Only after this is over can the authorities proceed to issuing a permanent resident visa
  • Situations could arise where the central adoption authority does not approve the adoption
    • In this scenario, the officers will need to notify the sponsors that the sponsors will need to contact the provincial or territorial (PT) central adoption authorities
  • The visa officers will need to refuse the application in case the central adoption authorities do not approve the adoption
    • This is because the adoption does not comply with the provisions specified in subparagraph R117 (1) (g) (ii) or paragraph R117 (3) (f)

For more information on the procedures pertaining to Hague Convention Cases, officers will need to refer to the following sections:

• The section titled ‘Canada’s International Commitments on Adoptions’ i.e. section 5.3 of OP 3
• The section titled ‘The Regulatory Requirements for Adoptions to be Valid for Immigration Purposes’ i.e. section 5.4 of OP 3
• The section titled ‘The Definitions’ i.e. section 6 of OP 3 and,
• Appendix E

In cases of adoption in which the provisions specified in the Hague Convention do not apply, the applicants will need to meet the requirements specified in paragraph R117 (1) (g) or subsections R117 (2) and R117 (3). This includes the requirements pertaining to:

• Child trafficking
• Undue gain and,
• An adoption of convenience

When the visa officers receive application forms and a sponsorship in a non-Hague Convention case, the officers will need to:

• Issue the appropriate medical instructions
• Verify that a provincial, territorial or other competent authority has carried our or approved a home study
• Ensure that a letter of no objection from the provincial or territorial (PT) central adoption authorities where the parent resides is present in the file
• Ask the sponsor to follow up with the provincial or territorial (PT) central adoption authorities in case the file does not contain the letter of no objection
• Verify that the sponsors have the relevant authority for taking the child to Canada with either the final adoption order, in case the adoption takes place overseas, or a custody order, in case the adoption will take place in Canada
• Ensure that the applicants meet the prescribed immigration requirements – for more details on this, officers would need to refer to the section titled ‘The Regulatory Requirements for Adoptions to be Valid for Immigration Purposes’ i.e. section 5.4 of OP 3 and,
• Verify that the child has a valid travel document

In the vast majority of cases, the adoption process will conclude in the child’s country of origin. Thereafter, the authorities of that country will issue the relevant adoption order. But, the officers would still need to process the permanent residence application for an adopted child. They would need to do this based on the provisions specified in subsections R117 (2) and R117 (3). In addition, they would need to code the application as FC9 in the Global Case Management System (GCMS).

In some cases, the Canadian provincial or territorial (PT) court would issue the adoption order after the child arrives in Canada. Officers would need to process these applications as children to be adopted in Canada. In addition, they would need to code the application as FC6 in the Global Case Management System (GCMS).

Situations could arise where the officers find that the application does not have the appropriate immigration category in the Global Case Management System (GCMS). They would need to correct this as soon as possible. Using the correct immigration category is highly important. It ensures that officers process the applications whilst taking into account the corresponding requirements specified in the Immigration and Refugee Protection Regulations (IRPR). Using the correct code ensures that Citizenship and Immigration Canada (CIC) is able to compile reliable data on FC9 and FC6 applications as well.

It is worth highlighting that FC6 cases will need to meet all the regulatory requirements specified in paragraph R117 (1) (g). Officers will be able to use this category for all countries. This is regardless of whether these countries follow the provisions specified in the Hague Convention or not.

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) do not explicitly require that officers carry out a home study. This is especially so in cases where the child is to be adopted in Canada. But, the provisions specified in the Hague Convention do require the central adoption authorities in the receiving state to ensure that the prospective adoptive parents are both eligible and suitable to adopt. It is worth mentioning that provincial or territorial (PT) central adoption authorities normally require that prospective adoptive parents in Canada undergo a home study either for adoptions completed in the state of origin or in their province or territory (PT). In addition, the authorities require the provincial or territorial (PT) central adoption authorities to confirm that the prospective adoptive parents have undergone a home study in their letter of no objection or notice of agreement.

The authorities require all to respect the spirit of the provisions specified in the Hague Convention in non-Hague Convention cases as well. As a result, the officers will need to take the requirements involving the best interests of the child (as specified in subsection R117 (3)) into account for non-Hague Convention FC6 cases.

The provisions specified in clause R117 (1) (g) (iii) (A) require that the authorities place the child in a non-Hague FC6 case for adoption or ensure that the child is otherwise legally available for adoption in the country of origin. As such, the central adoption authority of the country of origin will need to provide a legal document or court order that gives the legal custody of the child to the adoptive parents for the purpose of adoption in Canada.

In addition, the authorities require officers to ensure that the adoption meets the best interests of the child. This is essential for respecting Canada’s international obligations in regards to the rights of the child in all cases. It is worth highlighting that no one can use the term ‘otherwise legally available’ to overcome the inability to meet a country’s adoption requirements.

For non-Hague Convention FC6 cases, visa offices will need to ensure that the adoptive parents meet the following requirements. The authorities require that these individuals possess:

• A letter of no objection from the province or territory (PT)
• A completed home study
• Consent of the central adoption authority in the country of origin
• A legal document that gives the adoptive parents legal custody of the child
• Authorisation for adoptive parents to take the child out of the country of origin for the purpose of adoption in Canada
• A declaration of abandonment and a letter of consent from an orphanage in case the child is orphaned or abandoned
• A letter of consent from the child’s biological parents, if applicable
• No evidence of undue gain or child trafficking
• No evidence of the adoption being entered into primarily for the purpose of acquiring a status or a privilege i.e. not an adoption of convenience and,
• A medical statement

It is worth highlighting that the officers do not require a letter of no objection or a notice of agreement in order to commence processing the IMM 1344 form. Once they receive a sponsorship application, the staff at the Case Processing Centre in Mississauga (CPC-M) will need to verify completion of the application. Thereafter, they will need to send a letter to the provincial or territorial (PT) central adoption authorities and request them to issue:

• A letter of no objection – for non-Hague Convention cases or,
• A notification of agreement – for Hague Convention cases

The provincial or territorial (PT) central adoption authorities will need to make the determination between the two types of cases. Thereafter, they will need to inform the mission accordingly and contact the visa office directly.

The authorities have placed no requirement for a provincial or territorial (PT) statement for children adopted outside Canada in case the adoptive parents were not residing in a Canadian province or territory (PT) at the time of the adoption. The requirement for a provincial or territorial (PT) letter typically indicates the need for a written statement of no objection only in case the sponsor resided in Canada at the time the adoption took place. This is in accordance with the provisions specified in paragraph R117 (3) (e).

In some cases, officers might find that the sponsors reside in Quebec. They would need to refer to Appendix A for additional information.

The authorities require adoptive parents to provide a written statement. In this written statement, the adoptive parents will need to acknowledge that they have obtained all the relevant medical information about the child they have adopted or intend to adopt. A visa officer will need to be in receipt of this statement. Only after the visa officer receives this statement will the authorities issue the permanent resident visa. The authorities issue a medical condition statement to sponsoring parents along with other permanent resident application material. The sponsoring parents will need to sign and return the statement to the mission after they receive the relevant medical information concerning their child. This is in accordance with the provisions specified in R118.

The authorities have moved this content as part of their efforts to modernise operational guidance to staff. Officers will now be able to find it in the program delivery instructions concerning how to handle high profile, complex, sensitive or contentious cases.

Situations could arise where a sponsored child is no longer available for adoption. In this scenario, the sponsors will need to ask the Case Processing Centre in Mississauga (CPC-M) to replace the name of the child given on the IMM 1344 form with the name of another child. The Case Processing Centre in Mississauga (CPC-M) will need to provide the new name to the visa office. In addition, the Case Processing Centre in Mississauga (CPC-M) will need to provide the new name to the provincial or territorial (PT) central adoption authorities.

In some cases, it is possible that the sponsors might contact the visa office first. In this scenario, the visa office will need to advice the sponsor to provide the name of the new child to the Case Processing Centre in Mississauga (CPC-M) as well as to the provincial or territorial (PT) central adoption authorities.

It is worth highlighting that the Case Processing Centre in Mississauga (CPC-M) does not charge a new processing fee when it replaces a name for this reason.

Situations could arise where a sponsorship application in support of a child to be adopted is still pending for one unnamed child. Thereafter, the sponsor receives a notification that the birth resulted in multiple children or that there are other siblings available for adoption. In some cases, the sponsor might decide to adopt the second or more children. In this scenario, the authorities require the sponsor to complete a separate IMM 1344 form for each child for submission to the Case Processing Centre in Mississauga (CPC-M) along with the required documents. The sponsor will need to write ‘SIBLING ADOPTION’ on the envelope. This will be useful in facilitating the cross-referencing of the new application (s) to the existing one.

Lastly, the authorities require the sponsor to pay the appropriate fees for all additional new applications.

Applicants have the ability to submit simultaneous applications for the same adopted person under the provisions specified in the Citizenship Act and the Immigration and Refugee Protection Act (IRPA). For more details on this, officers will need to refer to section 7.4 of CP 14.

For more details on this, officers will need to refer to the section titled ‘The Guidelines for Port of Entry (POE) Examinations’ given in ENF 4.

For more details on this, officers will need to refer to the section titled ‘The Procedures for Processing Members of the Family Class’ given in OP 2.

In cases of adoption, the authorities require the applicants to provide the following documents to the visa office:

• The identity documents for the child
• The documents that include the names of the biological parents of the child
• The final adoption order i.e. FC9 or the custody order to the adoptive parents for the purpose of adoption in Canada i.e. FC6 and,
• The passport or travel document for the child

It is worth highlighting that the term ‘assessment of relationship’ does not merely refer to the legal relationship between the adoptive family and the child. It refers to the relationship of the child to the child’s biological family as well.

Officers will need to request documents from the applicants such as the birth certificate of the child. This would enable them to ascertain the identity of the biological parents of the child.

For more details on the naming policy, officers will need to refer to the section titled ‘The Naming Procedures – Establishing Name Records in Citizenship and Immigration Canada (CIC) Systems’. For more details, they would need to refer to the section titled ‘The Guidelines for Processing Members of the Family Class’ in OP 2.

Officers will need to feel satisfied that the applicants are not inadmissible and meet all the requirements prescribed in the family class. This is in accordance with the provisions specified in A11 (1).

The provisions specified in section R30 require foreign nationals to undergo a medical examination in case they are applying for permanent residence. Officers will need to go through the provisions specified in the section titled ‘The Medical Requirements’ for instructions on the medical requirements.

In some cases, the officers might find the adopted child or a child to be adopted to be inadmissible in Canada. In this scenario, the officers will need to refuse the application. The table that follows provides more clarity on this.

It is worth mentioning that officers might not issue a permanent resident visa to a child adopted from a country that has ratified or acceded to the provisions of the Hague Convention without a notification of agreement or a letter of non-objection from the provincial or territorial (PT) central adoption authorities.

When a child meets all the prescribed immigration requirements:

• The officer will need to advise the provincial or territorial (PT) central adoption authorities that the officer will be issuing a permanent resident visa, in a case in which the provisions specified in the Hague Convention apply
  • For more details, officers will need to refer to Appendix D
• And has a verifiable travel document, the officer might issue a permanent resident visa in case the sponsors have the authority to take the child to Canada
• And was adopted in the country of origin, the officer will need to use code FC9 i.e. for a child adopted abroad
  • In case the adoption is to take place in Canada, in the province or territory (PT) of destination, the officer will need to use code FC6 i.e. child to be adopted in Canada
• The officer will need to enter the abbreviation HAG in the special program field in the Global Case Management System (GCMS) application, in case the adoption is a Hague Convention case
  • The HAG special program code will also appear on the Confirmation of Permanent Residence
  • This identification is necessary because Canada has an obligation to report the number of adoption cases it has dealt with under the Hague Convention

This section provides an overview of the legislations in place in the following provinces that have a direct effect on the processing of adoption cases:

• Alberta
• British Columbia
• Ontario and,
• Quebec

This information forms part of the counselling that officers typically provide the parents.

The Legislations Applicable in Alberta

The provisions specified in subsection 62 (3) of Alberta’s Child, Youth and Family Enhancement Act specify that:

“No application for an adoption order shall be filed in respect of a child unless the child is a Canadian citizen or has been lawfully admitted to Canada for permanent residence.”

As such, the residents of Alberta will not be able to obtain an adoption order on behalf of a child who is not a permanent resident of Canada. In Alberta, the authorities prohibit the adoption of a child who comes to Canada on:

• A Temporary Resident Permit
• A Temporary Resident Visa or,
• A Student Visa

A Canadian or permanent resident couple who has a legal guardianship order for a child will not be able to obtain an adoption order if the child has not obtained a permanent resident visa or Canadian citizenship prior to arriving in Canada. Alberta aims to ensure that the authorities have addressed all legal and birth-parent issues prior to the child’s arrival in the province. As such, it requires the adoption to take place prior to arrival in Alberta or it requires officers outside Canada to review all the adoption arrangements.

The Legislations Applicable in British Columbia

The provisions specified in subsection 48 (1) of the British Columbia Adoption Act specify that:

“Before a child who is not a resident of British Columbia is brought into the province for adoption, the prospective adoptive parents must obtain the approval of a director or an adoption agency.”

As such, the authorities in British Columbia require the adoption agency to possess a license issued by the province.

In addition, the provisions specified in subsection 48 (2) state that:

“The director or the adoption agency must grant approval if:

1. the parent or other guardian placing the child for adoption has been provided with information about adoption and the alternatives to adoption,
2. the prospective adoptive parents have been provided with information about the medical and social history of the child’s biological family,
3. a home study of the prospective adoptive parents has been completed in accordance with the regulations and the prospective adoptive parents have been approved on the basis of the home study, and
4. the consents have been obtained as required in the jurisdiction in which the child is resident”

As such, parents who have not obtained the approval prior to bringing the child to British Columbia will be contravening the British Columbia Adoption Act. Such an offence is punishable under the Offences and Penalties section of this Act.

The authorities have made exceptions to the provisions specified in section 48 of the British Columbia Adoption Act for:

• A child brought into British Columbia for adoption by a relative of the child or by a person who will become an adoptive parent jointly with the child’s birth parent and,
• A child who is a permanent ward of an extra-provincial agency

The Legislations Applicable in Ontario

Under the provisions specified in the Ontario Intercountry Adoption Act, 1998, the prospective parents (including those parents who are adopting relatives) will need to:

• Make an application to adopt with an international adoption agency that has obtained a license issued by the Ontario Ministry of Children and Youth Services
• Have an adoption home study completed by an adoption practitioner who has the relevant approvals from a Ministry Director and,
• Obtain the Ministry Director’s approval of the eligibility and suitability to adopt based on the home study report

It is worth mentioning that it is an offence for an Ontario resident to leave the province for adopting internationally. In addition, it is an offence for an Ontario resident to finalise an international adoption without satisfying each of the above-mentioned requirements. The penalty for contravention of this provision is, on conviction, a fine of up to $2,000, imprisonment for up to two years, or both.

Only international adoption agencies having licenses issued by the Ministry of Community and Social Services under the provisions specified in the Ontario Intercountry Adoption Act, 1998, can operate in Ontario for facilitating international adoptions finalised outside Ontario. As such, it is an offence for any other person or organisation to provide this service.

In some cases, the child’s country of origin might require Ontario’s approval before the finalisation of the adoption. In this scenario, the proposed adoption placement will require the approval of the Ministry Director.

The Legislations Applicable in Quebec

The Case Processing Centre in Mississauga (CPC-M) will usually forward a copy of the undertaking i.e. IMM 1344 to the Ministère de l’Immigration, de la Diversité et et de l’Inclusion (MIDI) for sponsors residing in Quebec. The Case Processing Centre in Mississauga (CPC-M) will send a letter to the sponsors as well. In this letter, the Case Processing Centre in Mississauga (CPC-M) will instruct the sponsors to download the Ministère de l’Immigration, de la Diversité et et de l’Inclusion (MIDI) engagement application and submit it directly to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) along with a copy of the letter issued by the Case Processing Centre in Mississauga (CPC-M).

The Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) will need to assess the sponsors first. Thereafter, it will need to issue a Quebec Selection Certificate (QSC) for the child, once it finds that the sponsors have met all the prescribed requirements. The Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) will send the required documents to the corresponding visa office for the country of origin as well. It is worth mentioning that the Secrétariat à l’adoption internationale du Québec is responsible for issuing letters of no objection to the adopting parents directly.

The provisions specified in the Civil Code of Quebec govern the effects of adopting a child domiciled outside Quebec. As such, only a certified organisation can undertake the appropriate adoption procedures. Since February 01, 2006, to override this general rule, the authorities require the sponsor and the adopting parents to meet the criteria and the conditions specified in the Ministerial Order respecting the adoption without a certified body of a child domiciled outside Quebec by a person domiciled in Quebec.

Under the provisions specified in section 565 of the Civil Code of Quebec:

“[…] A decision granted abroad must be recognized by the court in Québec, unless the adoption has been certified by the competent authority of the State where it took place as having been made in accordance with the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.”

As a result, the authorities recognise adoptions legally recognised overseas in Quebec only when the child arrives in Canada and even then, only upon the completion of certain procedures in Quebec.

In some cases, officers might find that some provisions of the Hague Convention apply in the case. This would usually be the case when the provisions of the Hague Convention apply in the child’s country of origin. In this scenario, the authorities in Quebec will simply accept the adoption judgment issued in that country.

In case the provisions specified in the Hague Convention do not apply in the child’s country of origin, the adoptive parents will need to get the Youth Division of the Court of Quebec to recognise the foreign adoption judgment. Only this will make the adoption official in Quebec.

The Accredited Bodies in Canada

For the province of Manitoba:

Adoption Options Manitoba Inc.

1313 Portage Avenue

WINNIPEG, MB R3G 0V3

UAS Eastern European Adoptions Inc.

777 Prichard Avenue

WINNIPEG, MB R2X 0E8

For the province of Ontario:

In Ontario, two pieces of legislation govern international adoptions. These comprise:

• The Child and Family Services Act (CFSA): This Act protects children and families involved in domestic adoptions. In addition, it protects children and families involved in international adoptions that are completed in Ontario as well.
• The Intercountry Adoption Act (IAA): This Act specifies the requirements for Ontario residents who are adopting a child whose adoptions will be completed in another country.

For the province of British Columbia:

The Adoption Center

255 Lawrence Avenue

Kelowna, B.C., V1Y 6L2

Attn: Jennifer Wall, Administrator/Executive Director

Ph. +1 (250) 763 8002, Toll Free: 1 800 935 4237

Fax: + 1 (250) 763 6282

E-mail: [email protected]

Choices Adoption and Counselling Services

Suite 100 – 850 Blanshard Street

Victoria, British Columbia

Canada V8W 2H2

Attn: Robin Pike, Executive Director

Ph. +1 (250) 479 9811   Toll Free: 1 888 479 9811

Fax: + 1 (250) 479 9850

E-mail: [email protected]

Family Services of Greater Vancouver

301 – 1638 East Broadway Avenue

Vancouver, British Columbia

Canada V5N 1W1

Attn: Cathy Loptson, Administrator

Ph: + 1 (604) 736 7613   Toll Free: 1 866 582 3678

Fax: + 1 (604) 733 7009

E-mail: [email protected]

Sunrise Family Services Society

Suite 102 – 171 West Esplanade

North Vancouver, British Columbia

Canada V7M 3J9

Attn: Natasha Chalke, Executive Director

Ph: + 1 (604) 984 2488

Fax: + 1 (604) 984 2498

Toll Free: 1 888 984 2488

The Central Authority in Canada

For the federal government, the Minister of Citizenship and Immigration, is represented by:

Michèle Salmon

NHQ – Operational Management and Coordination

Citizenship and Immigration Canada

365 Laurier Avenue West

OTTAWA, Ontario

Canada K1A 1L1

Telephone number: +1 (613) 437 7145

Telefax number: +1 (613) 941 7099

E-mail: [email protected]

For the province of Alberta, the Minister of Children’s Services is represented by:

Ms. Anne Scully

Program Manager, Adoption Services

Ministry of Children’s Services

11th Floor, Sterling Place

9940 – 106 Street

EDMONTON, Alberta

Canada T5K 2N2

Telephone number: +1 (780) 644 3099

Telefax number:  +1 (780) 427 2048

E-mail: [email protected]

For the province of British Columbia

Ms. Anne Clayton, Provincial Director of Adoption

Adoption Services

Ministry of Children and Family Development

P.O. Box 9705, Stn. Prov. Govt.

VICTORIA, British Columbia

Canada V8W 9S1

Telephone number: +1 (250) 387 2281

Telefax number: +1 (250) 356 0311

E-mail: [email protected]

For the province of Manitoba, the Director of Child and Family Services is represented by:

Janice M. Knight

Provincial Manager

Adoption/Post-Adoption Services

Manitoba Family Services

777 Portage Avenue

Winnipeg MB R3G 0N3

Telephone number: 204 945 1186

Telefax number: 204 948 2949

E-mail: [email protected]

For the province of New Brunswick, the Minister of Family and Community Services is represented by:

Ms. Élaine Babineau

Provincial Adoption Consultant

Department of Family and Community Services

Child Welfare and Youth Services

P.O. Box 6000, 551 King Street

FREDERICTON, New Brunswick

Canada E3B 5H1

Telephone number: +1 (506) 444 4516

Telefax number: +1 (506) 453 2082

E-mail: [email protected]

For Newfoundland and Labrador

Mrs. Christine Osmond MSW, RSW

Provincial Director of Adoptions,

Child, Youth & Family Services

Department of Health & Community Services

Confederation Building

PO Box 8700, 95 Elizabeth Ave

St. John’s, Newfoundland & Labrador

Canada

A1B 4J6

Telephone number: +1 709 729 3527

Telefax number: +1 709 729 1853

E-mail: [email protected]

For the Northwest Territories

Ms. Bethan Williams-Simpson

Director of Adoption & Child & Family Services,

Dept. of Health & Social Services,

Govt. of the Northwest Territories,

PO Box 1320,

Yellowknife NWT X1A 2L9

Telephone number: +1 867 767 9061 Ext 49165

Telefax number: +1 867 873 7706

E-mail: [email protected]

For Nova Scotia, the Minister of Community Services is represented by:

Ms. Janet Nearing

A/Manager of Adoption and Children in Care

Family and Children’s Services

Department of Community Services

P.O. Box 696

5675 Spring Gardner Road

HALIFAX, Nova Scotia

Canada B3J 2T7

Telephone number: +1 (902) 424 5367

Telefax number: +1 (902) 424 0708

E-mail: [email protected]

For Nunavut

Mr. Mark Arnold

A/Deputy Director of Adoptions

Government of Nunavut

Department of Health & Social Services,

PO Box 1000, Stn. 1000

Iqaluit, Nunavut

Canada,

X0A 0H0

Telephone number: +1 867 975 5781

Telefax number: +1 867 975 5722

E-mail: [email protected]

For the province of Ontario, the Ministry of Community and Social Services is represented by:

Ms Gloria Varghese, Director

Private & International Adoptions

Ministry of Children and Youth Services

101 Bloor St. W, 6th Floor

TORONTO, Ontario

Canada ON M5 2Z7

Telephone number: +1 (416) 327 4736

Telefax number: +1 (416) 212 6799

For the province of Prince Edward Island, the Director of Child Welfare, Ronald D. Stanley, is represented by:

Mrs. June McKinnon, BSW, RSW

Provincial Adoption Coordinator

Adoption Services

Department of Social Services and Seniors

161 St. Peter’s Road

PO Box 2000

Charlottetown, Prince Edward Island

Canada

C1A 7N8

Telephone number: +1 902 368 6514

Telefax number: +1 902 620 3422

E-mail: [email protected]

For the province of Quebec:

Mme Josée-Anne Goupil

Secrétaire à l’adoption internationale et directrice générale

Secrétariat à l’adoption internationale

Bureau 1.02 201

boulevard Crémazie est

MONTRÉAL (Québec)

Canada H2M 1L2

Telephone number: +1 (514) 873 5226

Telefax number: +1 (514) 873 1709

E-mail: [email protected]

For the province of Saskatchewan, the Minister of Social Services is represented by:

Mrs. Ellen McGuire,

Director Child and Family Services

Ministry of Social Services

12th floor – 1920 Broad Street

Regina, Saskatchewan

Canada,

S4P 3V6

Telephone number: +1 306 787 5698

Telefax number: +1 306 787 0925

E-mail: [email protected]

For the Yukon Territory:

Mrs. Simone Fournel

Manager, Child Placement Services

Department of Family & Children’s Services

4114 – 4th Avenue, Suite 401

Whitehorse, Yukon

Canada,

Y1A 4N7

Telephone number: +1 867 667 3473

Telefax number: +1 867 393 6204

The Competent Authorities in Canada

For the province of Alberta, the Minister of Children’s Services is represented by:

Ms. Anne Scully

Program Manager, Adoption Services

Ministry of Children’s Services

11th Floor, Sterling Place

9940 – 106 Street

EDMONTON, Alberta

Canada T5K 2N2

Telephone number: +1 (780) 644 3099

Telefax number:  +1 (780) 427 2048

E-mail: [email protected]

For the province of Manitoba, the Director of Child and Family Services is represented by:

Department of Family Services

Child Protection and Support Services

Suite 201 – 114 Garry Street

WINNIPEG, Manitoba

Canada R3C 4V5

For the province of Ontario, the Ministry of Community and Social Services is represented by:

Mili New

101 Bloor St. W, 6th Floor

TORONTO, Ontario

Canada ON M5 2Z7

Telephone number: +1 (416) 327 4736

Telefax number: +1 (416) 212 6799

E-mail: [email protected]

For the province of Saskatchewan, the Minister of Social Services is represented by:

Beverly Wilson,

Program Consultant, Intercountry Adoption. Central Office

Family and Youth Services Division

Saskatchewan Social Services

12th floor – 1920 Broad Street

Regina, Saskatchewan

Canada,

S4P 3V6

Telephone number: +1 306 787 0008

Telefax number: +1 306 787 0925

E-mail: [email protected]

The table given below highlights the countries that are party to the Hague Convention and their date of membership.

Canadian Embassy

Immigration section

Provincial central authority

Address

Dear Sir or Madam:

Subject: Child’s name, date of birth, country of origin, file number; prospective adoptive parents’ names

This refers to the application for permanent residence in Canada of [child’s name], whom [prospective parents’ names] intend to adopt.

As agreed with your Ministry with respect to the processing of an adoption case governed by the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, please be informed that [child’s name] now meets the requirements of the Immigration and Refugee Protection Act and its Regulations. We invite you to contact the central authority in the child’s country of origin and the prospective adoptive parents to initiate the legal procedures for adoption or custody of the child. Please send us your notification of agreement to the adoption proposal if it has not already been sent. A permanent resident visa will be issued to the child when we receive the travel document and the adoption order, if the child was adopted in the country of origin, or a confirmation that the transfer of the child to Canada has been authorized, if the adoption will take place in your province.

Please be assured that the permanent residence application of [child’s name] will receive prioritized processing.

Yours sincerely,

Visa officer

c.c.: sponsor

• The prospective adoptive parents will need to contract the ministry or a licenced adoption agency of a province or territory (PT), after which:
  • The provincial or territorial (PT) central adoption authorities will need to request a home study of the prospective parents from a competent authority for determining the suitability of the prospective parents
  • The central adoption authority will need to prepare a report on the competency of the prospective adoptive parents, on receiving the home study by the province or territory (PT), and forward it to the central adoption authority in the country where the child resides and,
  • The sponsorship process will typically commence once the province or territory (PT) makes a recommendation
• The sponsor will need to submit the sponsorship application to the Case Processing Centre in Mississauga (CPC-M), indicating the sponsor’s intention to adopt
  • The application will need to name the child to be adopted
  • In case the child has not been identified, the application will need to indicate the country where the adoption will take place
• The Case Processing Centre in Mississauga (CPC-M) will need to advise the central adoption authority in the province or territory (PT) of intended destination of the sponsor’s intent to adopt
  • Thereafter, the Case Processing Centre in Mississauga (CPC-M) will need to provide the relevant information related to the child or to the country where the adoption will take place
  • The Case Processing Centre in Mississauga (CPC-M) will also need to request a letter of no objection or notice of agreement
• The Case Processing Centre in Mississauga (CPC-M) will need to create a permanent residence application in the Global Case Management System (GCMS) and forward the sponsorship recommendation to the visa office
• The central adoption authority in the country where the child resides would need to review the report and the information on the prospective adoptive parents
  • Thereafter, the central adoption authority will need to match the prospective adoptive parents to a child, prepare an adoption proposal and forward the proposal to the central adoption authority in the province or territory (PT) of destination
• The provincial or territorial (PT) central adoption authorities will need to review and assess the information related to the child
  • Thereafter, it would need to provide provincial or territorial (PT) agreement and submit the information to the prospective adoptive parents for their approval
• The province or territory (PT) will need to prepare a notice of agreement signed by the prospective adoptive parents and forward it to the visa office and the central adoption authority in the child’s country of residence
• The visa office will typically combine the information on the immigration application, the sponsorship information and the notice of agreement to form a complete file and application
• The prospective adoptive parents will need to complete and sign the Medical Condition Statement, which will serve to indicate their knowledge of the child’s health condition, and send it to the visa office
• Unless the visa office has reasonable grounds for believing that the process of the central adoption authority in the child’s country of residence lacks integrity or competency, the officers will need to consider the notice of agreement as fulfilling the requirements specified in the provisions of subsection R117 (2)
  • For more information on this, officers will need to go through the section titled ‘The Provincial or Territorial (PT) Letter of Agreement or Letter of No Objection’ i.e. section 5.7 of OP 3
• The visa office will need to assess the child (or applicant) against the prescribed eligibility criteria, if it is satisfied with the notice of agreement
• The visa office would need to inform the provincial or territorial (PT) central adoption authorities of the results (i.e. that the applicant meets the prescribed requirements)
  • The provincial or territorial (PT) central adoption authorities, in turn, will need to inform the central adoption authority in the child’s country of residence
• The central adoption authority would need to complete the relevant adoption procedures, before issuing the adoption papers and forwarding them to the visa office
• Upon completion of the prescribed adoption procedures, when the visa office receives the final adoption order, it will need to complete the immigration process and issue the visa

The Distinction Between an Appeal and a Judicial Review

In an appeal or an application for a judicial review, the appellant or the applicant, as the case may be, will typically seek to challenge a decision adverse to their interests.

For appeals, the provisions specified in the Immigration and Refugee Protection Act (IRPA) provide appellants with the right to seek a remedy provided for in the Act from a specific level of appeal such as the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). The authorities will only be able to dispose of a decision that the applicant has appealed for by:

• Dismissing the appeal
• Staying the effect of the decision that was appealed or,
• Allowing the appeal and either:
  • Substituting the appellate tribunal’s decision for the decision that the authorities had made or,
  • Sending the issue back to the decision maker for reconsideration

In most cases, the authorities will make the determination of the appeal based on the question of an error in law or fact or both. Alternatively, the authorities will make the determination of the appeal based on the belief that the decision-making authority has not followed a principle of natural justice. In some cases, the authorities will make the determination of the appeal based on the existence of sufficient Humanitarian and Compassionate (H&C) considerations that will typically warrant special relief. For more details on appeals, officers would need to refer to OP 21.

In contrast, a judicial review of a decision is not an appeal on the merits of the case. The Court will not be able to substitute its decision for that of the decision maker. Instead, the Court will simply examine the process that led to the decision. Thereafter, it will determine if the process followed was fair and reasonable. In case the Court determines that it was not, the Court might only quash the decision in question and order a redetermination. However, the judges will not be able to order which decision the decision maker will need to make. But, they might issue directions specifying the manner in which the authorities will need to carry out the redetermination.

In some cases, the applicant might wish to seek relief based on a defect in the form of the decision or on a technical irregularity. Pursuant to section 18 of the Federal Courts Act, the Federal Court can refuse relief if no substantial wrong or miscarriage of justice took place. Alternatively, the Federal Court could take steps to correct the irregularity. For more details, officers will need to refer to the excerpts of sections 18 and 18.1 of the Federal Courts Act given in Appendix B.

The Guidelines for Leave Required

The provisions specified in A72 to A75 provide for judicial review by the Federal Court of any matter under the Immigration and Refugee Protection Act (IRPA). The applicant will need to make an application for leave to the Court. This will commence the review process. It is worth mentioning that the applicant will not be able to seek leave until the applicant has exhausted all avenues of appeal to which the applicant is entitled.

The requirement for leave does not in itself deprive applicants of an independent review of their cases. Instead, the Federal Court manages this screening mechanism by itself. This helps in ensuring that meritorious cases continue to receive leave for a full judicial review.

The Time Limit for Filing the Application for Leave

In some cases, an issue might arise from a decision made outside Canada. In this scenario, the applicant has 60 days after receiving notification of the decision to apply for leave and judicial review. This is in accordance with the provisions specified in A72 (2) (b). In certain circumstances, the Court might consider extending this deadline.

The Possible Outcomes of an Application for Leave

The regulations require the judge to dispose of the leave application without delay and in a summary way. This is in accordance with the provisions specified in A72 (2) (d). The Court will usually dispose of leave applications without personal appearances. In case the Court denies the leave application, then the matter is at an end. If, however, the Court grants the leave application, then the judge will set the conditions for the full hearing of the judicial review application.

The Scheduling of the Judicial Review Hearing

The judge who grants leave will need to fix a date and a place for the full hearing to take place. The judge will need to ensure that the full hearing takes place no sooner than 30 days and no later than 90 days after granting leave. This applies in all cases, unless the parties agree to an early hearing.

The Appeals of Decisions of the Federal Court

The Federal Court judge’s decision on the application for leave is final. As such, no one will be able to appeal against it. Applicants can appeal a decision of a judge on a full judicial review application to the Federal Court of Appeal. But, the authorities only permit this if the judge certifies that the case involves a serious question of general importance. This is in accordance with the provisions specified in A74 (d).

The party requesting the judge to certify a serious question of general importance will need to specify the precise question. It is worth mentioning that the judge will ultimately determine the wording of the certified question before certifying it. This is in accordance with the provisions specified in subsection 18 (2) of the Federal Court Immigration and Refugee Protection Rules.

The Appeals of Decisions of the Federal Court of Appeal

The authorities permit applicants to appeal decisions of the Federal Court of Appeal to the Supreme Court of Canada only with leave of that Court. This is in accordance with the provisions specified in subsection 40 (1) of the Supreme Court Act.

The authorities will typically notify foreign nationals of their decision. From the day of this notification of the decision, the authorities provide foreign nationals 60 days to file an application for leave to submit a judicial review application. It is worth mentioning that a judge of the Federal Court will need to feel satisfied that the case presents a serious issue worth hearing. Only then, will the judge consider granting the order for leave.

After an applicant has filed an application for leave, the Court might request a copy of the reasons for the refusal. In overseas cases, the officers will interpret this as a request for a copy of the refusal letter and the Computer-Assisted Immigrant Processing System (CAIPS) notes. The Litigation Management Division (BCL) will need to advise the visa office as to the correct procedures to follow. In most cases, the Litigation Management Division (BCL) will need to ask the visa office to provide a copy of this material to the Court Registry, the applicant’s lawyer and the Department of Justice (DOJ) lawyer. In addition, the Litigation Management Division (BCL) will need to provide all the addresses and fax numbers as well.

In some cases, it might be necessary to submit affidavit evidence for opposing the leave application. If the need for this arises, the Litigation Management Division (BCL) will need to advise the officer accordingly.

A judge of the Federal Court will consider the leave application. The judge will determine whether the case presents an opportunity for the hearing of a serious issue. In case the judge grants the leave, the Court will hold a full judicial review of the decision at a later date.

In case the judge grants leave, the Litigation Management Division (BCL) will need to contact the officer and advise the officer about the material that the officer will need to provide the Court. In many cases, this material will typically comprise certified copies of the file. In addition, the Department of Justice (DOJ) lawyer will also work closely with the officer for developing an affidavit that opposes the judicial review application.

If the judge grants leave, the Court Registry will need to notify Citizenship and Immigration Canada (CIC). The Department will notify the visa office concerned through the Litigation Management Division (BCL). In addition, it will provide clear directions for the preparation of the Certified Tribunal Record (CTR). The Certified Tribunal Record (CTR) is, for all practical purposes, a copy of the visa office file and the Computer-Assisted Immigrant Processing System (CAIPS) notes.

Preparing this material will need to take place in a certain manner. Only once this is complete will the authorities send this material to a number of addresses. In its instruction letter, the Litigation Management Division (BCL) will need to provide specific, tailored instructions for the preparation of the record.

In most cases, the visa office will prepare three copies of the Certified Tribunal Record (CTR) for the following entities:

• One for the Court Registry
• One for the applicant or their counsel and,
• One for the Department’s counsel i.e. the Department of Justice (DOJ) lawyer assigned to the case

In addition, the officers will send an ordinary copy of the file to the Litigation Management Division (BCL) as well. As mentioned earlier, the authorities will provide specific instructions to the visa office for preparing this material. This includes providing the right contact numbers and addresses as well.

Upon receipt of the order granting leave, the Litigation Management Division (BCL) will need to direct the officer to immediately prepare the record of the subject of the application on consecutively numbered pages. The officers will need to follow the instructions given by the Litigation Management Division (BCL) precisely. In addition, the officers will need to give the highest priority possible to the request of the Litigation Management Division (BCL).

In many cases, the Litigation Management Division (BCL) will direct officers to do the following activities, when responding to an application for judicial review:

• Make three certified copies and one additional non-certified copy of the file concerning the applicant’s application for leave
  • This should typically include a printout of the Computer-Assisted Immigrant Processing System (CAIPS) notes up to the date of the refusal only
  • The officer will need to:
    • Number the pages of the original file and make copies from the numbered original thereafter and,
    • Certify the file, binding the pages of each copy in a secured manner e.g. with the help of a grommet or a pin
      • It is worth highlighting that the first page of each certified copy will be a cover letter that the Litigation Management Division (BCL) will usually provide
• Send one certified copy of the file by commercial courier to each of the following:
  • • The Court Registry
    • The Department of Justice (DOJ) lawyer and,
    • The counsel for the applicant
  • It is worth mentioning that the Litigation Management Division (BCL) will supply the officer with the appropriate names and addresses
• Send the non-certified copy by commercial courier to Citizenship and Immigration Canada (CIC) / the Litigation Management Division (BCL), to the attention of the Litigation Management Division (BCL) officer in charge of the judicial review
  • It is worth highlighting that the officers will need to retain the original file at the visa office
• Prepare a case summary, preferably in affidavit format
  • In many cases, the officers will need to prepare this case summary at the same time as they prepare the certified copies
  • The case summary will need to provide:
    • Details of the assessment
    • The reasons for the refusal and,
    • The following information about the decision-making officer:
      • The full name of the decision-making officer
      • The rank of the decision-making officer i.e. FS 1, FS 2 etc.
      • The date the officer joined the foreign service
      • The date the officer commenced the relevant posting
      • The non-Mitnet phone and fax numbers at which the lawyer will be able to reach the officer and,
      • Any scheduled absences from the office in the months to come
  • For more information, officers will need to refer to the section titled ‘The Procedure for Preparing an Affidavit’ that appears subsequently in this document i.e. section 12 of OP 22
• Send the case summary by e-mail to the Litigation Management Division (BCL) and the assigned Department of Justice (DOJ) litigator
  • It is worth mentioning that the officer should never give the case summary to either the Federal Court or to the counsel for the applicant
  • This is because the case summary is only meant for the use of the Litigation Management Division (BCL) and the assigned Department of Justice (DOJ) litigator

For more details, officers will need to refer to the excerpts of Federal Court Immigration and Refugee Protection Rules given in Appendix C.

Note:

• It is critical for the officer to carefully and promptly review all the documents and information in the file (s) prior to preparing the Certified Tribunal Record (CTR)
• As such, the officer will need to immediately bring to the attention of the Litigation Management Division (BCL) and the Department of Justice (DOJ) lawyer the documents or information that Citizenship and Immigration Canada (CIC) might not wish to include (and thereby disclose) in the Certified Tribunal Record (CTR)
• Officers will need to ensure that the package does not include the e-mail from the Litigation Management Division (BCL)
• In addition, officers will need to ensure that no material that postdates the refusal appears in the package either
• Moreover, it is worth highlighting that some material on file could be CLASSIFIED for security reasons e.g. communication with the Security Liaison Officer or the Canadian Security Intelligence Service, or exempt from disclosure by reasons of solicitor – client or other privilege
  • In this scenario, the officers will need to contact the Litigation Management Division (BCL) and / or the Department of Justice (DOJ) lawyer assigned to the case for obtaining further instructions on the preparation of the Certified Tribunal Record (CTR)

As mentioned earlier, the officer will need to send the case summary and the certified copy of the file to the Litigation Management Division (BCL) and the assigned Department of Justice (DOJ) litigator. Upon receipt and review of the case summary and the certified copy of the file, the Litigation Management Division (BCL) and the assigned Department of Justice (DOJ) litigator will need to decide whether to provide their consent to or to oppose the application for judicial review.

In case the Litigation Management Division (BCL) and the assigned Department of Justice (DOJ) litigator decide to oppose the application, they will prepare an affidavit for the officer to execute. The Litigation Management Division (BCL) typically advises the officer of the specific deadlines that the officer will need to meet.

Federal Court rules confine Citizenship and Immigration Canada (CIC) to specific time limits for the filing of the respondent’s record and affidavit. As such, the officer will need to give top priority to the instructions received from the Litigation Management Division (BCL).

The Department of Justice (DOJ) lawyer will need to deal directly with the officer during the preparation of the affidavit. The affidavit typically becomes due 30 days from the filing of the applicant’s affidavit. In most cases, the Department of Justice (DOJ) lawyer will need to review the officer’s case summary (which the officer will need to write in affidavit form) and make the necessary changes.

Upon completing this review, the Department of Justice (DOJ) lawyer will need to instruct the officer to swear the document. This process ensures that the affidavit places an appropriate emphasis on the legal issues at play in the judicial review application. For a sample affidavit, officers will need to go through Appendix A.

The Processing Particulars

It is worth highlighting that the following particulars apply to affidavits:

• The affidavit will need to be on letter-sized paper i.e. A4 size paper is acceptable
• The text of the affidavit will need to be double-spaced
• The officer must have used a readable and common font such as Times New Roman
• The text must be in at least 12-point type
• The officer will need to keep an electronic copy of the affidavit to help with the redrafting process and,
• The individual who is commissioning the officer’s affidavit will need to commission any exhibits attached to the affidavit as well
  • It is worth highlighting that the failure to properly commission exhibits is one of the most common technical flaws in the affidavits that Department of Justice (DOJ) lawyers usually receive from officers

The Procedures for Commissioning an Affidavit

Officers of the Canadian diplomatic, consular and representative services have the authority to administer, take or receive oaths, affidavits, solemn affirmations or declarations. This is especially so as they perform their functions in any foreign country or in any part of the Commonwealth and Dependent Territories other than Canada. This typically includes:

• Ambassadors
• Envoys
• Ministers
• Chargés d’affaires
• Counsellors
• Secretaries
• Attachés
• Consuls general
• Consuls
• Vice consuls
• Pro consuls
• Consular agents
• Acting consuls general
• Acting consuls
• Acting vice consuls
• Acting consular agents
• High commissioners
• Permanent delegates
• Acting high commissioners and,
• Acting permanent delegates

This is in accordance with the provisions specified in sections 52 and 53 of the Canada Evidence Act.

The officers will also need to use the following words on the first page of any document that they attach to the affidavit as an exhibit:

This is Exhibit No. ___ mentioned and referred to in the affidavit of _______

Sworn before me this day of

A.D.20XX.

A Commissioner for taking affidavits

Note:

• The individual who is commissioning the officer’s affidavit will need to commission any exhibits attached to the affidavit as well

The Procedures for Preparing for a Cross Examination

It is worth mentioning that the most important part of every cross examination is the preparation. The preparation typically takes place:

• When the officer, in conjunction with the Department of Justice (DOJ) lawyer, is preparing their affidavit and,
• Prior to the cross examination itself

Some aspects that officers would do well to remember include:

• The affidavit is the officer’s evidence
  • As such, the officer will need to be completely satisfied with each detail of the drafted affidavit
  • In addition, the officer will need to be completely satisfied with each of the exhibits attached to the affidavit
  • In case there are any problems, the officer will need to discuss them with the Litigation Management Division (BCL) and the Department of Justice (DOJ) lawyer
• The officer must need to know the facts surrounding the case
  • In particular, the officer will need to go over the tribunal record and the Computer-Assisted Immigrant Processing System (CAIPS) notes
• The officer will need to remember that on each statement of fact made in the affidavit, the officer must be able to answer questions such as:
  • What is the source of this statement and,
  • What is the basis for my conclusion
• The officer will need to have a telephonic discussion with the Department of Justice (DOJ) lawyer in order to try to identify the likely areas on which the authorities will examine them
  • In addition, they will need to confirm their position with respect to the issues the authorities raise
• The Department of Justice (DOJ) lawyer bears the onus for preparing the officer completely for the cross examination
  • The officer will need to tell the Department of Justice (DOJ) lawyer or the Litigation Management Division (BCL) in case they feel nervous or uncomfortable at all
  • The Department of Justice (DOJ) lawyer or the Litigation Management Division (BCL) will need to ensure that they are able to answer any questions that the officer might have about the process, the type of questions that the authorities could ask, what the officer might bring etc.
  • Officers should not be afraid to ask the Department of Justice (DOJ) lawyer or the Litigation Management Division (BCL) anything that they feel they are unclear about

The authorities have provided a party the ability to cross examine a witness who testifies. Similarly, the applicant has the right to cross examine the officer on their affidavit as well. It is up to the applicant to decide whether any cross examination is necessary. Accordingly, a cross examination will not result each time the authorities file an affidavit. However, the prospect of going through a cross examination is a possibility each time an officer files an affidavit. As such, both the officer and the Department of Justice (DOJ) counsel will need to keep this aspect in mind even as they go about preparing the affidavit.

Upon filing of the officer’s affidavit, the applicant has 20 days in which to proceed with the cross examination of the officer. As such, officers will need to make themselves reasonably available within that period. Otherwise, the Court could well consider striking out the affidavit. The authorities could consider extending this 20-day period, on consent, up to a total of 30 days from the date the officer files the affidavit. In some extraordinary circumstances, the Court could consider granting extensions for longer spans of time, on motion by a party.

In many cases, officers might go through a cross examination by teleconference call. This is because of geographic considerations. Therefore, the officer and the Department of Justice (DOJ) lawyer will need to agree on the day and the specific time of the teleconference call. The speakers will typically comprise:

• The applicant’s lawyer
• The Department of Justice (DOJ) lawyer and,
• A stenographer

The lawyer for the applicant will need to call the officer. The lawyer and the Department of Justice (DOJ) litigator will then need to introduce themselves. A stenographer will be present at the teleconference call. The role of this stenographer will only involve recording each question posed by the applicant’s counsel and each answer the officer provides to the questions raised. There will be no judge present at the teleconference call. This is because the officer is not giving evidence as in a trial, but rather, is giving evidence to be recorded later for use at a judicial review. When they call the officer, the officer will need to swear an oath or affirm that they will answer questions truthfully. In addition, another consular officer will be present for administering the oath or the affirmation.

Thereafter, the applicant’s counsel will begin to ask the officer questions. The examination will typically begin with questions regarding the officer’s occupation, the present position and the number of years that the officer has spent in that position and / or location. Following this, the examination will then move on to specific questions about the officer’s division in the particular case.

After the applicant’s counsel finishes asking the officer questions, the Department of Justice (DOJ) lawyer might feel the need to ask questions too. Legal experts refer to this as redirect examination or reply examination. The purpose of redirect examination is to try to clarify the testimony the officer gave to the applicant’s counsel and not to set out the officer’s version of the case in full.

As mentioned above, there will be no judge present in the room. As such, in case a dispute arises between the parties as to the propriety of a question, or a refusal to answer a question, the parties will need to bring the matter before a judge for resolution at a later date. In some cases, the judge might agree that the officer should have answered the question. In this scenario, the authorities might require the officer to re-attend to answer any questions that the officer had improperly refused. In practice however, it is worth highlighting that the concerned parties rarely bring about such motions.

It is also worth mentioning that in some cases, the applicant might choose to conduct a written cross examination instead of an oral one. Although written cross examinations are uncommon, the authorities permit them. In this scenario, the applicant’s lawyer will need to file and serve a list of questions that the applicant wants the officer to answer. The officer will need to answer the questions raised in affidavit forms. In addition, the officer will need to prepare the answers in conjunction with the Department of Justice (DOJ) lawyer.

Note:

1. Once the cross examination commences, the officer will need to note that the Department of Justice (DOJ) lawyer will not be able to discuss any aspect of the case with the officer until the conclusion of the cross examination

The Role of the Litigation Management Division (BCL)

The Litigation Management Division (BCL) is a directorate in the Case Management Branch (CMB) at National Headquarters (NHQ). It is involved in all overseas litigation cases. Once the process of litigation commences in a case, the Litigation Management Division (BCL) will need to act as a liaison between the Department of Justice (DOJ) lawyers and the officer whose decision the applicant is challenging. The Litigation Management Division (BCL) will typically:

2. Provide the necessary instructions to the Department of Justice (DOJ) lawyers with respect to pending litigation

1. Analyses policy, program and legal issues arising in specific cases and,
2. Coordinates the program input

In all cases, the Litigation Management Division (BCL) will need to instruct the officer on what the officer needs to and the timeframes applicable.

The Litigation Management Division (BCL) is also responsible for monitoring and managing developments in the areas of immigration, citizenship and refugee litigation. It ensures that the authorities take preventive program action for lowering program vulnerability to court challenges as well. This will typically involve ensuring that the program and policy sectors have adequate opportunity to review, evaluate and respond to developments in litigation issues that might have significant consequences for departmental policy or programs. The Litigation Management Division (BCL) will also need to identify issues that require strategic consideration by the Department’s senior management through the Litigation Strategy Committee too.

The Role of the Department of Justice (DOJ) Lawyers

The Department of Justice (DOJ) lawyers typically represent the Minister in all applications before the Federal Court and the provincial courts. The Litigation Management Division (BCL) analysts will typically issue instructions to the lawyers based on an analysis of the issues and various program considerations. Some cases might involve direct communication between the visa office and the Department of Justice (DOJ).

The Role of the Departmental Legal Services Unit (DLSU)

The Departmental Legal Services Unit (DLSU) remains staffed by Department of Justice (DOJ) lawyers. As such, it serves to provide legal support to Citizenship and Immigration Canada (CIC) in its day-to-day operations. Some cases might well be sufficiently novel or complex. In this scenario, the Department of Justice (DOJ) lawyer or the Litigation Management Division (BCL) analyst might ask the authorities to assign a Departmental Legal Services Unit (DLSU) lawyer to the case. This lawyer will provide additional support to the litigator and the Litigation Management Division (BCL) analyst, as and when required. The need for involving a Departmental Legal Services Unit (DLSU) lawyer will typically arise in cases involving Charter challenges, cases with serious policy implications or high profile litigations.

Registry No. IMM-XXXX-97

FEDERAL COURT OF CANADA

B e t w e e n:

Applicant(s)

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

AFFIDAVIT OF FRANCIS LAURIE SMITH

I, FRANCIS LAURIE SMITH, Second Secretary (Immigration) at the High Commission for

Canada in London, England, United Kingdom [or, at the Embassy of Canada in Lima, Peru, etc.],

MAKE OATH AND SAY AS FOLLOWS:

1. I am a foreign service officer at the FS-1 (or 2, or EX-01, etc.) level and I have been employed by the Department of Citizenship and Immigration in this capacity since January yy, 200x. I have been appointed as an officer in the Immigration Section of the Canadian High Commission in London, United Kingdom, since September yy, 19xx. My duties include the assessment, evaluation and processing of applications for permanent residence in Canada submitted to the Canadian High Commission in London and, being the officer assigned to process the Applicant’s permanent resident visa, I have knowledge of the matters to which I hereinafter depose.

2. From paragraph 2 onwards, present the facts of the case under judicial review, usually in chronological order. If citing an important or key document, consider including it as an exhibit to the affidavit, bearing in mind that most documents from the visa file are already before the Court in the certified tribunal record. To do so, at the end of the sentence in which the document is referred to, add the words: « a true copy of which I attach as Exhibit A » (or B, C, etc., as the case may be).

3. An affidavit also typically includes wording attesting to the truth of the CAIPS notes. A sample of the wording would be as follows:

Notes taken by me at the interview with the applicant were recorded in the Computer-Assisted Immigration Processing System (CAIPS), an electronic file system in use at [the name of your visa office] for the processing of applications for admission to Canada. The steps involved in processing an application are recorded chronologically in CAIPS. When a user quits the CAIPS “notes screen,” their initials, the date and the notes entered are automatically recorded. Thereafter, a user can access and review these notes, but they cannot be modified or deleted.

The notes taken by me at the interview and entered into CAIPS were taken at the time of the interview with the applicant. These notes accurately reflect the questions posed to the applicant and the answers given by the applicant at the interview.

A printout of the CAIPS notes of the interview is included as part of the record, copies of which I certified on XX XX XX and which I have arranged to be transmitted to counsel for both parties as well as the Registry of the Federal Court.

Once you have recited the facts of your assessment of the application for permanent residence, or for a student or temporary resident visa, stressing of course your reasons and considerations in refusing the application, you will close your affidavit by swearing it, as described below:

SWORN BEFORE ME at the )

Canadian High Commission, in)

the City of London, England, ) _________________________________

United Kingdom this )

day of [insert month], 20XX. )

_____________________________

A Commissioner, etc.

18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction:

1. to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
2. to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

(2) The Federal Court has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari, writ of prohibition or writ of mandamus in relation to any member of the Canadian Armed Forces serving outside Canada.

(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

R.S., 1985, c. F-7, s. 18; 1990, c. 8, s. 4; 2002, c. 8, s. 26.

18.1 (1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought.

(2) An application for judicial review in respect of a decision or order of a federal board, commission or other tribunal shall be made within thirty days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.

(3) On an application for judicial review, the Federal Court may:

1. order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or
2. declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.

(4) The Federal Court may grant relief under subsection (3) if it is satisfied the federal board, commission or other tribunal:

1. acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
2. failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
3. erred in law in making a decision or an order, whether or not the error appears on the face of the record;
4. based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
5. acted, or failed to act, by reason of fraud or perjured evidence; or
6. acted in any other way that was contrary to law.

(5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may:

1. refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and
2. in the case of a defect in form or a technical irregularity in a decision or order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate

It is worth mentioning that these rules are subject to change by the Chief Justice of the Federal Court.

Obtaining Tribunal’s Decision and Reasons

9. (1) Where an application for leave sets out that the applicant has not received the written reasons of the tribunal, the Registry shall forthwith send the tribunal a written request in Form IR-3 as set out in the schedule.

(2) Upon receipt of a request under sub-rule (1) a tribunal shall, without delay:

1. send a copy of the decision or order, and written reasons therefor, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry; or
2. if no reasons were given for the decision or order in respect of which the application is made, or reasons were given but not recorded, send an appropriate written notice to all the parties and the Registry.

(3) A tribunal shall be deemed to have received a request under sub-rule (1) on the tenth day after it was sent by mail by the Registry.

(4) The applicant shall be deemed to have received the written reasons, or the notice referred to in paragraph 9(2)(b), as the case may be, on the tenth day after it was sent by mail by the tribunal. SOR/98-235, s. 8(F); SOR/2002-232, s. 15.

The Disposition of Application for Leave

14. (1) Where:

1. any party has failed to serve and file any document required by these Rules within the time fixed, or
2. the applicant’s reply memorandum has been filed, or the time for filing it has expired, a judge may, without further notice to the parties, determine the application for leave on the basis of the materials then filed.

(2) Where the judge considers that documents in the possession or control of the tribunal are required for the proper disposition of the application for leave, the judge may, by order, specify the documents to be produced and filed and give such other directions as the judge considers necessary to dispose of the application for leave.

(3) The Registry shall send to the tribunal a copy of an order made under sub-rule (2) forthwith after it is made.

(4) Upon receipt of an order under sub-rule (2), the tribunal shall, without delay, send a copy of the materials specified in the order, duly certified by an appropriate officer to be correct, to each of the parties, and two copies to the Registry.

(5) The tribunal shall be deemed to have received a copy of the order on the tenth day after it was sent by mail by the Registry. SOR/98-235, s. 8(F).

15. (1) An order granting an application for leave:

1. shall specify the language and the date and place fixed under paragraphs 74(a) and (b) of the Act for the hearing of the application for judicial review;
2. shall specify the time limit within which the tribunal is to send copies of its record required under Rule 17;
3. shall specify the time limits within which further materials, if any, including affidavits, transcripts of cross-examinations, and memoranda of argument are to be served and filed;
4. shall specify the time limits within which cross-examinations, if any, on affidavits are to be completed; and
5. may specify any other matter that the judge considers necessary or expedient for the hearing of the application for judicial review.

(2) The Registry shall send to the tribunal a copy of an order granting leave forthwith after it is made.

(3) The tribunal shall be deemed to have received a copy of the order on the tenth day after it was sent by mail by the Registry. SOR/2002-232, s. 8.

17. Upon receipt of an order under Rule 15, a tribunal shall, without delay, prepare a record containing the following, on consecutively numbered pages and in the following order:

1. the decision or order in respect of which the application for judicial review is made and the written reasons given therefor,
2. all papers relevant to the matter that are in the possession or control of the tribunal,
3. any affidavits, or other documents filed during any such hearing, and
4. a transcript, if any, of any oral testimony given during the hearing, giving rise to the decision or order or other matter that is the subject of the application for judicial review,

and shall send a copy, duly certified by an appropriate officer to be correct, to each of the parties and two copies to the Registry. SOR/2002-232, s. 14.