Operational Bulletin 532 – June 21, 2013
The Immigration and Refugee Protection Act (IRPA) contains certain security inadmissibility provisions. This Operational Bulletin (OB) describes the amendments to those security inadmissibility provisions. These provisions have come into effect after receiving royal assent to Bill C-43, The Faster Removal of Foreign Criminals Act (FRFCA).
The authorities received royal assent for The Faster Removal of Foreign Criminals Act (FRFCA) on June 19, 2013. This Act amended certain provisions contained within the IRPA. Most of the provisions of The Faster Removal of Foreign Criminals Act (FRFCA) would come into effect at a later date. However, certain provisions have already come into effect.
The provisions that have come into effect include amendments that relate to:
- Subversion and,
- Membership in an organisation that has engaged or will engage in acts of subversion, espionage or terrorism (based on whether the authorities believe that they have reasonable grounds to believe that the organisation has engaged or will engage in these kinds of activities)
The authorities amended the following provisions on espionage.
A34(1) (a) – Engaging in an Act of Espionage that is Against Canada or that is Contrary to Canada’s Interests
Earlier, there was a provision that formed part of the espionage provision. This provision dealt with subversion against any democratic government, institution or process. The authorities have established this provision in a new paragraph.
A34(1) (b.1) – Engaging in an Act of Subversion Against a Democratic Government, Institution or Process as they are Understood in Canada
These two changes have resulted in another change. This change concerns the membership provision under paragraph 34(1) (f). The authorities have amended this paragraph to include the new paragraph (b.1):
A34(1) (f) – Being a Member of an Organisation that there are Reasonable Grounds to Believe Engages, has Engaged or will Engage in Acts Referred to in Paragraph (a), (b), (b.1) or (c).
The authorities would update the relevant operational manuals so that these manuals reflect the latest amendments made.
The authorities have updated the FOSS coding manual to reflect the new inadmissibility codes for:
- Section 34(1) (a)
- Section 34(1) (b.1) and,
- Section 34(1) (f)
Source: Citizenship and Immigration Canada (CIC)