Expanded CBSA Regulatory Removal Order Authority for At-Border Inadmissibility (SOR/2024-86)

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

CountryCanada

Operative dateMay 22, 2024

CategoryBorder enforcement / removal orders / inadmissibility

Policy toolRegulatory amendment (sor / 2024-86)

Affected groupInadmissible foreign nationals at ports of entry

Policy effect

Amends IRPR section 228 to empower Minister's Delegates (CBSA officers) to directly issue enforceable exclusion orders at ports of entry without referral to the Immigration Division for three specific grounds: misrepresentation regarding visa exemption when applying for an eTA, failure to undergo a required medical examination, and failure to appear for examination when seeking entry. Phase scope: National border enforcement / ports of entry.

Conditions and exceptions

Validated condition or limit: Amends IRPR section 228 to empower Minister's Delegates (CBSA officers) to directly issue enforceable exclusion orders at ports of entry without referral to the Immigration Division for three specific grounds: misrepresentation regarding visa exemption when applying for an eTA, failure to undergo a required medical examination, and failure to appear for examination when seeking entry.

Official source excerpt

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

Protection Regulations to be laid before each House of Parliament, substantially in the annexed form; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations under subsection 5(1) and paragraph 53(b) of the Immigration and Refugee Protection Act footnote b. Regulations Amending the Immigration and Refugee Protection Regulations Amendments 1 (1) Subsection 228(1) of the Immigration and Refugee Protection Regulations footnote 1 … is amended by adding the following after paragraph (a): (a.1) if the foreign national is inadmissible under paragraph 40(1)(a) of the Act on grounds of misrepresentation relating to their exemption from the requirement to obtain a temporary resident visa when applying for an electronic travel authorization, an exclusion order; (2) Paragraph 228(1)(c) of the Regulations is amended by striking out “or” at the end of subparagraph (vi) and by adding the following after subparagraph (vii): (viii) failing to submit to a medical examination as required by paragraph 16(2)(b) of the Act, an exclusion … order, or (ix) failing to appear for examination as required by subsection 18(1) of the Act when seeking to enter Canada at a port of entry, an exclusion order; (3) Subsection 228(3) of the Regulations is replaced by the following: Eligible claim for refugee protection (3) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in any of subparagraphs (1)(c)(i), (iii) to (v), (viii) and (ix). Transitional Provision 2 For greater certainty, subsection 228(1) of the Immigration and Refugee Protection Regulations, as it reads on the day on which these Regulations come into force, applies to a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, in respect of whom a report has not been referred to the Immigration Division for an admissibility hearing under subsection 44(2) of that Act before that day. Coming into Force 3 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II. REGULATORY IMPACT ANALYSIS …

Canada GazetteCanada Gazette, Part II, Volume 158, Number 11: Regulations Amending the Immigration and Refugee Protection Regulations: SOR/2024-86Open official source

Retrieved from https://gazette.gc.ca/rp-pr/p2/2024/2024-05-22/html/sor-dors86-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 fcp5-bd7d106bc7cae5b58be9. Something wrong? Flag this record.

Expanded CBSA Regulatory Removal Order Authority for At-Border Inadmissibility (SOR/2024-86)

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other Canada changes operative in 2024