Operational Bulletin 535 – July 26, 2013

Summary

This Operational Bulletin (OB) provides instructions to staff from:

• Citizenship and Immigration Canada (CIC) and the,
• Canada Border Services Agency

It informs the staff about the public policy and procedures applicable for:

• Temporary residents
• Permanent residents and,
• Canadian citizens

These guidelines would apply to all individuals affected by the train derailment in Lac Mégantic.

Background

A series of explosions that succeeded a freight train derailment occurred on July 06, 2013. These incidents devastated the Quebec town of Lac Mégantic. The community of Lac Mégantic faced significant damage and other impacts as a result of these incidents.

The Minister took certain measures to support those affected by this situation. This included approving the waiver for some fees and other specific requirements. The Minister also gave an administrative waiver of the fee for the replacement of the:

• Permanent resident cards and,
• Canadian travel documents

These waivers would be in force until October 05, 2013.

Note:

• People needing information about the replacement of Canadian travel documents would need to contact Passport Canada at 1 800 567 6868

The New Public Policy

The Immigration and Refugee Protection Act (IRPA) provides authority to officers to respond in a flexible and humane manner. This would apply in any situation that warrants such treatment. This includes any situations of emergency. The Minister approved a public policy that:

• Waives certain fees for affected foreign nationals in Lac Mégantic
• Automatically extends or restores the status of affected temporary residents until October 05, 2013

This public policy is in accordance with Section 25.2 of IRPA.

The clients bear the ownership of proving that the derailment of the train has affected them. Therefore, they would need to show an identity document issued by the government for proving this. They could show any government issued identity document that lists a residential address in Lac Mégantic in this regard. This document would be sufficient to show that the train derailment has affected them. The CIC would consider all requests on a case-by-case basis.

Affected Temporary Residents

Affected temporary residents eligible under this public policy could qualify for an extension in several different ways. Thus, they could get their status automatically extended or restored. This would be applicable until October 05, 2013.

However, applicants using this public policy would need to meet certain qualifying criteria. This public policy is applicable for individuals who:

• Are temporary residents residing in Lac Mégantic and,
• Are affected by the derailment of the train and,
• Had legal status as on July 06, 2013 and,
• Would have expired legal status before October 05, 2013

OR

• Are foreign nationals residing in Lac Mégantic and,
• Are affected by the derailment of the train and,
• Were out of legal status as on July 06, 2013 and,
• Were within the restoration period specified in Section 182 of the Immigration and Refugee Protection Regulations

Applicants could also use this public policy to file applications for the replacement of their immigration status documents. These documents include work or study permits or visitor records etc. However, they can only apply for the replacement of these documents if the documents were lost or destroyed in the train derailment or the ensuing destruction of property. Officers would grant them a waiver on the fees of their application for replacing lost or destroyed documents.

Affected Permanent Residents

Officers have the relevant authority to provide applicants with a replacement of permanent resident cards without levying any fee. The officers would issue replacements of permanent resident cards on an expedited basis. Officers would extend this facility in cases where the train derailment and the ensuing destruction of property resulted in the loss or destruction of the permanent resident cards.

However, applicants needed to submit their replacement card applications from July 06 to October 05, 2013. Officers would process applications received during this period on an expedited basis.

Procedures

The Procedure for Applicants to Self-Identify as Affected Persons

• Affected individuals have access to a system whereby they could contact an agent with priority in the queue
• The system gives affected individuals access to a dedicated line in the Call Centre Interactive Voice Response
• Applicants would need to call 1 800 242 2100 and press “7”
• The agent would give the applicant certain standard questions to answer
• Once the applicant answers the questions satisfactorily, the agent would provide the applicants with advice on how the clients need to proceed with an application
• Affected individuals also have access to a dedicated e-mail address for routing their queries (Lac-Megantic@cic.gc.ca)
• This e-mail address could be used by:
• Affected temporary residents
• Affected permanent residents and,
• Canadian citizens
• When sending an e-mail to the above-mentioned e-mail id, affected individuals would need to:
• Mention “URGENT: LAC-MÉGANTIC” in the subject line and,
• Provide other information like:
• Unique Client Identifier (UCI) number
• Full name
• Date
• Place of birth and,
• Country of birth
• On receiving the e-mail, an agent would revert to their queries

The Procedure for Applicants who Need to Apply for Replacement Immigration Documents or Urgent Processing

• This procedure is applicable for the replacement of lost or destroyed documents
• Affected temporary residents would need to complete the Verification of Status or Replacement of an Immigration Document form
• They would need to write the words “URGENT: LAC-MÉGANTIC, QUEBEC” on the cover of the final envelope
• Then, they would need to send this to the Query Response Centre
• Affected permanent residents would need to complete the Application for a Permanent Resident Card
• They would need to write the words “URGENT: LAC-MÉGANTIC, QUEBEC” on the cover of the final envelope
• Then, they would need to send this to the Case Processing Centre, Sydney (CPC-S), Nova Scotia
• Affected Canadian citizens would need to complete the Application for a Citizenship Certificate
• They would need to write the words “URGENT: LAC-MÉGANTIC, QUEBEC” on the cover of the final envelope
• Then, they would need to send this to the Case Processing Centre, Sydney (CPC-S), Nova Scotia
• Officers would process applications on a priority basis
• Officers would levy the appropriate fees for providing replacement certificates

Note:

• For affected temporary residents and affected permanent residents, officers would issue replacement or reprinted immigration documents on a priority basis
• The officers would not levy any fees for issuing replacement or reprinted immigration documents in these circumstances

The Procedure for Processing Affected Applications

Financial and Special Program Coding

• Fee Exemption
• Officers would enter the code “999” in the cost recovery fee exemption code field
• They would do this for all fee-exempt applications they process
• This would be applicable for all temporary resident lines of business
• For permanent resident cards, officers would enter “P01” in the cost recovery code field
• Special Tracking
• Officers would need to use the special tracking code, which would enable them to track various cases
• Officers would need to enter the code “UE3” in the special program code field
• They would enter this in the Global Case Management System for all affected applications they process
• Officers would need to annotate the special program code in the Work in Progress – Remarks screen for CPC systems
• Lost or Destroyed Documents
• Officers would need to process applications for issuing replacement documents on a priority basis
• They would need to ensure that the replacement documents match previously issued documents in all regards such as validity, conditions etc.

Note:

• Clients seeking an extension beyond October 05, 2013, would need to submit a regular extension application along with the relevant fees

Source: Citizenship and Immigration Canada (CIC)