The Coming into Force of Bill C-43 – Obligations for Certain Persons Making an Application Under the Immigration and Refugee Protection Act

/ / Published in 2013

Operational Bulletin 531 – June 21, 2013

Summary

The Faster Removal of Foreign Criminals Act (FRFCA) came into effect on June 19, 2013. This resulted in the amendment of the Immigration and Refugee Protection Act (IRPA). The amendments made to the IRPA included:

  • The addition of subsection 16 (1.1) to create an explicit obligation for persons to appear for an examination, based on the request of an officer, while the persons were making an application under the IRPA and,
  • The addition of subsection 16 (2.1) to create an obligation for foreign nationals to appear, upon request, for an interview conducted by the Canadian Security Intelligence Service (CSIS) and to truthfully answer all the questions put before them during this interview by the officers, while the foreign nationals were making an application under the IRPA

This Operational Bulletin (OB) notifies officers of:

  • The coming into force of the FRFCA and,
  • The amendments made to the IRPA

Background

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.

Prior to the coming into force of the FRFCA, a person could make an application under the IRPA. This necessitated that the person would need to:

  • Be subject to an examination by an officer and,
  • Truthfully answer all questions put to them by the officer for the purpose of the examination

This was in accordance with subsection 16 (1) of the IRPA.

However, there was no express statutory requirement for a person to appear for an examination. That too, when the authorities expressly asked the person to appear. In addition, a foreign national also faced no statutory requirement when asked to participate in an interview with CSIS. This interview with the CSIS denoted the fulfilment of the purpose of an investigation of the foreign national.

The New Provisions

s. 16 (1.1) – A person who makes an application must, on the request of an officer, appear for an examination.

The addition of the new subsection 16 (1.1) enhances the clarity of this requirement. It creates an explicit obligation for the person making the application under the IRPA to appear in person for examination, at the request of an officer.

s. 16 (2.1) – A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.

Similarly, the addition of the new subsection 16 (2.1) enhances the clarity of this requirement. It creates an explicit obligation for the foreign national to appear in person for an interview with the CSIS, at the request of an officer. It also creates an explicit obligation for the foreign national to answer truthfully all the questions put to the foreign national during the interview.

The Procedure for Section 16 (1.1) Examinations

By means of this amendment, the authorities have the power to compel a person for an examination. These officers could exercise this authority:

  • Overseas
  • Inland and,
  • At Ports of Entry

This is in accordance with section 16 (1.1) of IRPA.

The Procedure for Section 16 (2.1) CSIS Interviews

By means of this amendment, the authorities have the power to compel a foreign national to appear for a CSIS interview. These officers could exercise this authority for:

  • In-Canada applications and,
  • Port of Entry applications

This is in accordance with section 16 (2.1) of IRPA.

These amendments enable the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (CIC) to take appropriate action in certain situations. These situations include cases where:

  • The concerned person does not appear for the examination as required
  • The concerned person does not appear for the CSIS interview as required
  • The concerned person does not answer the questions posed by the officers truthfully

Source: Citizenship and Immigration Canada (CIC)