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Vol. 143, No. 44 — October 31, 2009
Regulations Amending the Immigration and Refugee Protection Regulations (Unreliable Travel Documents)
Statutory authority
Immigration and Refugee Protection Act
Sponsoring department
Department of Citizenship and Immigration
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issue: The lack or inconsistent use of security features on travel documents (e.g. passport), as well as concerns with the process used by other governments to produce and issue travel documents, can result in situations in which a document is considered insufficiently resistant to counterfeiting and fraudulent use. Such documents threaten the safety and security of Canadians as well as the integrity of the immigration system and may, under the proposed amendments, be designated as unreliable documents for the purpose of the Immigration and Refugee Protection Act (IRPA) by the Minister of Citizenship and Immigration. A document designated as unreliable would be unacceptable for the purpose of becoming a permanent or temporary resident under IRPA.
Description: Citizenship and Immigration Canada (CIC) currently publishes, in the Immigration and Refugee Protection Regulations (Regulations), a list of travel documents considered unacceptable when making an application under IRPA. There are two independent lists published in the Regulations: one pertaining to permanent resident applications, and the other pertaining to applications for temporary status. The respective list of documents is found under subsections 50(3) and 52(3) of the Regulations. Under these amendments to the Regulations, the existing lists of unacceptable travel documents would be repealed and replaced by factors that the Minister would consider in order to determine if a travel document is a reliable proof of identity or nationality for the purpose of becoming a permanent or temporary resident. The factors include the adequacy of security features incorporated into the passport or document and information respecting the security or integrity of the process leading to the issuance of the passport or document. Under these Regulations, the list of unacceptable documents must be made available to the public.
Cost-benefit statement: The proposed regulatory amendments would result in minimal cost to the Government. The proposed amendments will have a positive impact on public safety in so far as CIC and its federal partners, including the
Canada Border Services Agency (CBSA), will be better able to ensure that persons making applications under IRPA are not doing so with documents that do not constitute reliable proof of identity or nationality.
The amendments also provide greater transparency as not only would the list of unacceptable documents continue to be publicly available, but the factors used to designate a document as unreliable for the purpose of IRPA would be clearly defined in the Regulations.
Business and consumer impacts: The proposed regulatory amendments would have no impact on Canada’s international competitiveness.
Domestic and international coordination and cooperation: CIC works closely with domestic and international partners to determine the extent to which a certain travel document is vulnerable to counterfeiting and misuse. The added clarity and transparency resulting from the proposed regulatory amendments will support CIC’s ongoing coordination and cooperation with those partners.
Issue
The lack or inconsistent use of security features on travel documents (e.g. passport) as well as concerns with the process used by other governments to produce and issue travel documents is a matter of public concern. Documents that lack a secure issuance process or lack sufficient security features that ensure that they constitute reliable proof of identity or nationality can result in situations in which a document is considered unacceptable for the purpose of becoming a permanent or temporary resident under IRPA.
Under the Regulations, a regulatory process is required to identify and publish documents that are unacceptable for the purpose of becoming a permanent or temporary resident under IRPA. This process is resource intensive and operationally inefficient to update, especially given that concerns about specific documents often emerge quickly and swift government intervention is required to reduce the risks to Canadians.
Therefore, in an effort to introduce transparency into the existing process for declaring documents unacceptable while maintaining flexibility and responsiveness, CIC requires a new process for addressing concerns with respect to unreliable travel documents.
Objectives
The proposed amendments will enhance the integrity of the immigration system as well as protect the safety of Canadians by ensuring that travel documents issued by foreign countries contain acceptable security features, and are sufficiently resistant to fraud and counterfeiting and constitute reliable proof of identity or nationality.
Description
The amendments propose to introduce into Regulations the factors that the Minister of Citizenship and Immigration would consider in order to determine if documents are considered unreliable and therefore unacceptable for the purpose of becoming a permanent or temporary resident, while repealing the current regulatory provisions that relate to unacceptable travel documents. The factors would be specific to the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and information respecting the security or integrity of the process leading to the issuance of the passport or document.
The amendments would also indicate that the Minister shall make available to the public a list of all passports or travel or identity documents designated as not being a reliable proof of identity or nationality for purpose of becoming a permanent or temporary resident.
Regulatory and non-regulatory options considered
There is no alternative to amending the Regulations to set out the factors to be used by the Minister when determining documents as unreliable for the purpose of becoming a permanent or temporary resident. Currently under the IRPA, this authority rests with the Governor in Council and as such, there are no alternatives to regulatory amendment. Ministerial Instructions can be used to designate a document as unacceptable for a given period of time. However, these instructions are designed to be a temporary measure, and should not take the place of a formal regulatory change.
Benefits and costs
Costs
There are no costs associated with the proposed regulatory amendments. As part of CIC’s ongoing program integrity efforts, resources have been allocated to such activities as addressing concerns with specific types of travel documents.
Benefits
The proposed amendments will have a positive impact on public safety as the Government will be better able to ensure that persons making applications under IRPA are not doing so with documents that do not constitute reliable proof of identity or nationality. Secondly, CIC’s refusal to accept documents that are of significant concern with respect to the integrity of the document itself and/or the processes associated with its production and issuance will make it easier for commercial partners and front-line officers to verify that a document is authentic and has not been counterfeited or altered. This may result in fewer improperly documented and inadmissible individuals entering Canada at our ports of entry. The proposed amendments may also reduce the number of fines assessed to airlines for improperly documented arrivals, as airlines can be assessed an administration fee up to $3,200 as well as the cost to return the individual if they carry someone to Canada that is deemed improperly documented at the port of entry. Furthermore, it may reduce the number of refugee claims that are made both inside Canada and at ports of entry. Each refugee claim costs taxpayers roughly $29,000. This figure includes processing and service costs such as legal fees, health care, and, in some cases, education and social assistance.
Rationale
The proposed amendments will strengthen CIC’s ability to address threats to program integrity while adding clarity and transparency to the process of identifying documents as unacceptable for the purpose of becoming a permanent or temporary resident. The proposed amendments will also further the Department’s mandate to help protect the safety of Canadians.
Consultation
An official interdepartmental consultation was conducted with other federal government departments and agencies, including Public Safety Canada, the CBSA, the Royal Canadian Mounted Police and the Department of Foreign Affairs and International Trade. The consultation was held in spring 2008.
Consulted parties were supportive of the proposed Regulations.
Implementation, enforcement and service standards
These Regulations come into force on the day on which they are registered. On the same date, a list of unacceptable documents will be published at www.cic.gc.ca in both English and French.
CIC will work with partners, including the CBSA, to ensure that commercial partners are aware of the regulatory change and the creation of a new list of unacceptable documents on the CIC Web site.
Peter MacDougall
Director General — Risk Mitigation Branch
Citizenship and Immigration Canada
Jean Edmonds Tower North
300 Slater Street
Ottawa, Ontario
Telephone: 613-954-6132
Fax: 613-952-9187
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 5(1) and section 26 of the Immigration and Refugee Protection Act (see footnote a), proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Unreliable Travel Documents).
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Peter MacDougall, Director General, Risk Mitigation Branch, Citizenship and Immigration Canada, 300 Slater Street, Ottawa, Ontario K1A 1L1 (tel.: 613-954-6132; fax: 613-952-9187; email: Peter.MacDougall@cic.gc.ca).
Ottawa, October 22, 2009
JURICA ČAPKUN
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (UNRELIABLE TRAVEL DOCUMENTS)
AMENDMENTS
1. Subsection 50(3) of the Immigration and Refugee Protection Regulations (see footnote 1) is repealed.
2. The Regulations are amended by adding the following after section 50:
Designation of unreliable travel documents
50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.
Factors
(2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:
(a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and
(b) information respecting the security or integrity of the process leading to the issuance of the passport or document.
Effect of designation
(3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).
Public notice
(4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).
3. Subsection 52(3) of the Regulations is repealed.
COMING INTO FORCE
4. These Regulations come into force on the day on which they are registered.
[44-1-o]
Footnote a
S.C. 2001, c. 27
Footnote 1
SOR/2002-227
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