Operational Bulletin 382 – January 31, 2012

Special Events – Specific Directives for Processing Foreign Mission and International Organizations Act (FMIOA) Temporary Resident Visa Applications for the Forum Mondial de la Langue Française (SE Code 12FMLF)

Issue

This Operational Bulletin (OB) contains information and processing instructions for the participants of the Forum Mondial de la Langue Française (FMLF).

Participants would need to note that the officers might process some of the participant applications under the Foreign Mission and International Organisations Act (FMIOA). However, regular processing procedures would apply to other participants. Thus, these participants would also need to pay the appropriate processing fee.

Background

Quebec City will host the Forum Mondial de la Langue Française (FMLF). This event will take place from July 02 to July 06, 2012. The Organisation International de la Francophonie (OIF) has been the main organiser of this forum. The Government of Quebec has extended the cooperation due for organising this event as well. In addition, the Government of Quebec has also taken on the responsibility of hosting this forum.

The Forum Mondial de la Langue Française (FMLF) is open to delegates from all countries. As such, it does not merely remain open to Francophonie member and observer countries. The registration for this forum will take place from December 01, 2011 to February 01, 2012. However, the organisers are aware that there might be some instances of late registrations. Therefore, they are anticipating extending the registration period until April 01, 2012.

For the most part, the Forum Mondial de la Langue Française (FMLF) remains directed at members of the civil society. This is particularly so because many of these individuals might come from non-member countries of the Francophonie. 

A permanent Order in Council covers the Organisation International de la Francophonie (OIF). This is in accordance with the Foreign Mission and International Organisations Act (FMIOA).

The organisers expect several member and observer countries to participate in the Forum Mondial de la Langue Française (FMLF). The table below highlights these participants.

 The Processing Procedures

The Processing Procedures for “Representatives” and “Officials” of the Organisation International de la Francophonie (OIF) Under the Foreign Mission and International Organisations Act (FMIOA)

The authorities have granted certain privileges and immunities to the following individuals attending the Forum Mondial de la Langue Française (FMLF).

• “Representatives” of member and observer countries and spouses and,
• “Officials” of the organisation and spouses

These individuals have various entitlements to immunities and privileges. Order SOR-88-574 contains detailed provisions concerning these immunities and privileges.

The privileges and immunities provided to these individuals, which have a particular relevance to Citizenship and Immigration Canada (CIC), are:

• “Representatives” – under Article IV section 11 (d) of the Convention on Privileges and Immunities of the United Nations  and,
• “Officials” – under Article V section 18 (d) of the Convention on Privileges and Immunities of the United Nations

Schedule III Section 5 of the Foreign Mission and International Organisations Act (FMIOA) also lists these rights and privileges. The Foreign Mission and International Organisations Act (FMIOA) provides further details on this. It specifies that these individuals enjoy “exemption in respect of themselves and their spouses from immigration restrictions”.

Based on these immunities and privileges, the authorities will not issue “representatives” and “officials” a Temporary Resident Permit. Instead, they would need to issue an official 0-1 Temporary Resident Visa (TRV) to these “representatives” and “officials”. This is despite the fact that some of these “representatives” and “officials” could be inadmissible. Sections 33 – 43 of the Immigration and Refugee Protection Act (IRPA) lay down the details under which the authorities can deem visitors to Canada as being inadmissible.

In short, all individuals belonging to the following classifications will have, at the barest minimum, immunity from immigration restrictions:

• All “representatives” and family members of states and governments that are members or observer countries of the Organisation International de la Francophonie (OIF) and,
• All “officials” and family members of the Organisation International de la Francophonie (OIF)

The organisers are expecting approximately 50 “officials” of the Organisation International de la Francophonie (OIF) to take part in the Forum Mondial de la Langue Française (FMLF). They will be taking part in various capacities. Therefore, the organisers are coordinating arrangements with the mission in Paris. They expect the mission to liaise with the Organisation International de la Francophonie (OIF) officials. This would help in facilitating the processing of any visa that the employees of the Organisation International de la Francophonie (OIF) might require.

The authorities would need to issue all visa applications for participants to Foreign Mission and International Organisations Act (FMIOA) expeditiously. In addition, the authorities would need to issue these visa applications without charges or restrictions. In other words, the authorities mandate that the visa requirement in itself must not become a hindrance with regards to the person’s travel and entry into Canada. The fee exemption code provided is A01 (R296 (2) (a)).

The Regular Processing Procedures for Other Applicants not Covered by Foreign Mission and International Organisations Act (FMIOA)

The authorities would need to note that the delegates from the following group have entitlements to certain exemptions. For example, they are entitled to a Temporary Resident Visa (TRV) or a Temporary Resident Permit (TRP) processing fee exemption. This is in accordance with the following provisions specified in the Immigration and Refugee Protection Act (IRPA):

• Exemption Code A01 (R296 (2) (a)) or,
• Exemption Code M10 (R298 (2) (a))

There are various delegates and family members attending the Forum Mondial de la Langue Française (FMLF). These individuals would be representing intergovernmental organisations and government officials (and family members) of invited countries. However, these individuals might not be holding any status in the Organisation International de la Francophonie (OIF). The countries participating in the Forum Mondial de la Langue Française (FMLF) but belonging to this category include:

• Algeria
• Argentina
• Australia
• Brazil
• China
• Columbia
• Chile
• India
• Italy
• Japan
• Mauritania
• Poland
• Portugal
• Spain
• South Africa
• The United Kingdom and,
• The United States of America

Officers would also need to note that certain delegates are not entitled to a Temporary Resident Visa (TRV) processing fee exemption. This is in accordance with the following provisions specified in the Immigration and Refugee Protection Act (IRPA). These delegates include:

• Delegates representing an institution or Non Government Organisation (NGO) i.e. university president, lecturer, teachers’ associations, school teachers
• Individual Participants i.e. members of the civil society (this especially includes individuals interested in the French language and culture or actively involved at the community level on related issues) and,
• The organisers expect approximately 1,000 individuals belonging to this segment to participate in the Forum Mondial de la Langue Française (FMLF)
• About 40 percent of these participants will be in the 18 – 30 year age group
• Some of these participants might require financial assistance
• The break-up of these 1,000 participants comprises:
• Africa – 280 participants
• Asia – 50 participants
• The Caribbean – 280 participants
• Europe – 250 participants
• Media Representatives i.e. journalists, photographers, camera operators, technicians etc.
• The organisers expect approximately 60 individuals belonging to this segment to participate in the Forum Mondial de la Langue Française (FMLF)
• The break-up of these 60 participants comprises:
• Africa – 15 participants
• Asia – Three participants
• The Caribbean – 30 participants
• Europe – 12 participants

Other Necessary Information on the Forum Mondial de la Langue Française (FMLF)

The Registration Process at the Forum Mondial de la Langue Française (FMLF)

The authorities would require that all participants in the Forum Mondial de la Langue Française (FMLF) register themselves. A selection committee would vet all registration applications for the Forum Mondial de la Langue Française (FMLF). They would also vet the registration applications received from members of the civil society. This selection committee will comprise:

• Representatives of the Commissioner General of the Forum and,
• A representative of the Quebec Government

Information Concerning the Media Representatives

There will undoubtedly be several members of the media, wishing to come to Canada, for reporting on the Forum Mondial de la Langue Française (FMLF). The authorities would require each of these members to follow an accreditation process. The authorities would evaluate the credentials of each of these individuals. Thereafter, they would issue a personalised letter to the approved media representatives. This letter will confirm the participation of the approved media representatives at the Forum Mondial de la Langue Française (FMLF).

The Letters of Invitation or Confirmation

The authorities would issue a letter of invitation to each individual participating in the Forum Mondial de la Langue Française (FMLF). However, participants would need to note that each individual would receive a letter of invitation. The authorities would not issue letters of invitation to a delegation. Therefore, each individual applying for a visa would need to have an invitation letter addressing the person specifically. This letter of invitation would serve as a confirmation of participation in the Forum Mondial de la Langue Française (FMLF) for that individual.

Some participants would also receive financial assistance for participating in the Forum Mondial de la Langue Française (FMLF). The letter of invitation for these individuals would include these details as well.

Spouses

The program for the Forum Mondial de la Langue Française (FMLF) does not include any activities specifically meant for spouses. However, the organisers expect some spouses to accompany the following individuals during their trip to Canada:

• Delegates representing governments of member countries and,
• Organisation International de la Francophonie (OIF) officers

Delegates would need to note that the organisers will not be providing any funding for spouses attending the Forum Mondial de la Langue Française (FMLF).

Foreign Mission and International Organisations Act (FMIOA) Security Screening and Advising National Headquarters (NHQ) for “Representatives” and “Officials” (and Spouses)

As mentioned earlier, the Foreign Mission and International Organisations Act (FMIOA) accords certain specific privileges and immunities to applicants. These privileges apply only to “representatives” and “officials”. Therefore, missions no longer need to send these applications for security screening to the Canada Border Services Agency (CBSA).

However, missions would need to send an e-mail notification to the Canada Border Services Agency (CBSA). The e-mail must specify that the authorities have granted a Temporary Resident Visa (TRV) to these applicants. It must also mention why the authorities have done this. For example, they must specify that the authorities did this in accordance with the provisions specified in the Foreign Mission and International Organisations Act (FMIOA). Therefore, the e-mail must conclude, the missions are sending the e-mail. This e-mail would enable the Canada Border Services Agency (CBSA) to alert its security screening partners.

The missions would need to send these e-mails to the generic inbox – trais-srert@cbsa-asfc.gc.ca. These e-mails must contain the following information:

• The full name and date of birth of the applicant
• The event the applicant is attending, along with the dates and,
• The notification that the person has cover under the provisions of the Foreign Mission and International Organisations Act (FMIOA) Order

Situations could arise where the applicants might apply in the future, under different circumstances. For example, these applicants might apply using non Foreign Mission and International Organisations Act (FMIOA) applications. In this scenario, the authorities would need to refer these applications to the Canada Border Services Agency (CBSA). They would do so via the Global Case Management System (GCMS). The Canada Border Services Agency (CBSA) would take care of the security screening for these applicants. This is in accordance with the indicators specified in the Immigration Classified 2 manual.

In addition, situations could arise where the authorities need to admit an inadmissible applicant to Canada. This might have a significant impact on the security of Canada. In these situations, the officers would need to send a copy of the application to their respective geographic desks. Moreover, the officers would also need to consult the Case Management Branch about these kinds of cases. They could do so by sending an e-mail to NAT-Case-Review@cic.gc.ca.

The Coding at Missions and at Ports of Entry

• The Special Events Code for this event is 12FMLF
• The authorities have uploaded this Special Events Code in the Global Case Management System (GCMS)
• Therefore, officers would need to insert this Special Events Code as it is a prescribed requirement
• The Statistics Unit of the Operational Management and Coordination Branch would be preparing periodic reports for briefing the management
• Therefore, the organisers have included the Special Events Code in the letter of invitation
• They have done so to enhance the ease of reference for the officers
• The coding applicable for participants covered by the Foreign Mission and International Organisations Act (FMIOA):
• The officers would need to insert a note in the Global Case Management System (GCMS)
• They would do this if they processed the case under the provisions of the Foreign Mission and International Organisations Act (FMIOA)
• The officers would need to mention the notation “Foreign Mission and International Organisations Act (FMIOA)” on the Temporary Resident Visa (TRV) by hand, if applicable
• Situations could arise where the provisions of the Foreign Mission and International Organisations Act (FMIOA) enable an inadmissible person to come to Canada with a Temporary Resident Visa (TRV) despite the fact that the applicant might well be inadmissible under the Immigration and Refugee Protection Act (IRPA) guidelines
• In these situations, the officers would need to place the appropriate notes in the Global Case Management System (GCMS)
• The note must mention:
• “The applicant is indeed inadmissible under section X of Immigration and Refugee Protection Act (IRPA), but his/her visit falls under the purview of the Foreign Missions and International Organizations Act” 

Despite all these instructions, other situations might arise. These situations might bring forth a slew of questions among officers. Therefore, officers would need to send an e-mail to Special.Events@cic.gc.ca. They could send their questions to this e-mail address. In addition, they would need to mark a copy of this e-mail to their geographic desk as well.

Source: Citizenship and Immigration Canada (CIC)