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Alignment and Factors for Immigration Performance Guarantees and Deposits

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateApril 22, 2020
CategoryDetention / border / administrative compliance
Affected groupGuarantors / detained or inadmissibility-hearing foreign nationals

Policy effect

Established codified statutory criteria and factors that officers and the Immigration Division must evaluate when determining whether a person posting a financial guarantee for an individual subject to an admissibility hearing or detention has the capacity to ensure compliance.

Conditions and exceptions

Validated condition or limit: Established codified statutory criteria and factors that officers and the Immigration Division must evaluate when determining whether a person posting a financial guarantee for an individual subject to an admissibility hearing or detention has the capacity to ensure compliance.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Regulations footnote 1 is replaced by the following: Application 46 Sections 47 to 49 apply to deposits and guarantees required under subsections 44(3), 56(1), 58(3) and 58.1(3) of the Act and section 45 of these Regulations. 2 Section 47 of the Regulations is amended by adding the following after subsection (3): Factors to consider (4) An officer, the Immigration Division or the Minister must consider the following factors in assessing whether the person who posts a guarantee has the ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply … with the conditions imposed: (a) their relationship to the person or group of persons in respect of whom the guarantee is required; (b) their financial situation; (c) any previous history posting a guarantee; (d) their criminal record; and (e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed. Coming into Force 3 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations … depends on the circumstance in which deposits or guarantees are being used and is specified in the IRPA. Deposits and guarantees can be applied by a decision maker under the following circumstances: persons seeking entry into Canada; persons subject to an inadmissibility report, an admissibility hearing or a removal order; and/or persons released from immigration detention. Among the conditions that are imposed on a person or persons in respect of whom a guarantee is required, certain conditions are mandatory in all cases. For example, persons are to provide the address of the person posting …
Canada GazetteCanada Gazette, Part II, Volume 154, Number 10: Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2020-92.Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2020/2020-05-13/html/sor-dors92-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-2822d6bba8e13865217e. Something wrong? Flag this record.

Other Canada changes operative in 2020