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sponsored from under 19 to under 22 and allow spouses and children to apply for
permanent residence from within Canada. The Minister also expressed willingness
to pursue discussions with the provinces over additional ways to expand the family
class.
The new legislation will replace the current Immigration Act, which was first passed
in 1976 and which has been amended more than 30 times. Work on the new
legislation began in 1997 and has evolved through extensive consultations with the
provinces, the territories, the legal community, non-governmental organizations and
the general public.
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For Information:
Derik Hodgson
Press Secretary
Minister's Office
(613) 954-1064
Renй Mercier
Media Relations
Communications Branch
(613) 941-7042
Backgrounder # 1
Changes from Bill C-31
In response to Bill C-31, the government received submissions from the Canadian
Bar Association, the United Nations High Commissioner for Refugees, the
Canadian Council for Refugees and many others. The Minister has listened and
responded.
Framework Legislation
What we heard:
The government should ensure that all key principles and core policies are
reflected in the Act and not in the regulations. The regulations should be
limited to matters related to the implementation of policy.
Our response:
1.The new bill places greater emphasis on key principles, including:
The principles of equality and freedom from discrimination.
The principle that minor children should be detained only as a last
resort.
The principle of equality of status for both official languages.
2.The new bill also includes the following provisions previously intended to be
prescribed by regulation:
The provision that parents are members of the family class.
The provision that sponsored spouses, partners and dependent
children of immigrants and refugees and their dependents will not be
refused admission to Canada on the grounds that they would create
an excessive demand on the medical system.
3.The new bill also reinforces the government's commitment to gender
equality and provisions for opposite- and same-sex couples.
Provisions Affecting Permanent Residents
What we heard:
Permanent residents should have a separate, defined status that clearly
specifies their rights and obligations, including the right to enter Canada.
Loss of status determinations should be made only through an oral appeal
to the Immigration and Refugee Board (IRB).
Our response:
The new bill enhances the rights of permanent residents by:
Including a separate definition for permanent residents that highlights the
distinction between permanent residents and other foreign nationals.
Ensuring the right to an oral hearing before the IRB in the case of appeals
on the loss of permanent resident status.
Ensuring facilitated entry for permanent residents without a valid permanent
resident card if they have been outside Canada for less than one year.
Setting a higher threshold for examinations for permanent residents than for
other foreign nationals.
Requiring a warrant to arrest a permanent resident for any immigration
matter.
Access to the Refugee Determination System
What we heard:
Access to the refugee determination system is too restrictive and would
deny access to people convicted of politically trumped-up charges. Others
who are excluded from the IRB procedures may be denied access to a fair
risk assessment upon return to their country of origin.
Our response:
The possibility of politically trumped-up charges will be considered by the
IRB, except in cases where the Minister finds the person to be a danger to
the public.
The new bill clarifies that unsuccessful refugee claimants, refugees who
have withdrawn or abandoned their claims, and refugees excluded from the
IRB process will have access to a pre-removal risk assessment prior to
removal.
The risk review may provide for an oral hearing, depending on the complexity
of the case.
Repeat claimants will have access to the risk review after six months
instead of one year.
People refused resettlement overseas will have access to the IRB
determination system should they later apply from within Canada.
Other Amendments to Respond to Stakeholder Submissions
The time limit for filing leave for judicial review of overseas decisions is
prolonged from 15 to 60 days.
Convention refugees and protected people whose identities have been
established will be provided with a document indicating their status and
making them eligible to apply for refugee travel documents.
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2001-03
Backgrounder # 2
Making the System Work Better
For Immigrants
Improving Client Service
What we are doing:
Piloting new approaches to overseas processing.
Introducing new technology: the Global Case Management System.
Why we are doing it:
To ensure faster processing, quality decisions and increased transparency.
Clearing up Backlogs and Managing the Inventory
What we are doing:
Designating new funds to clear up backlogs.
Improving the management of the inventory of applications for permanent
residence and for immigration visas abroad.
Introducing the Multi-year Pla
Why we are doing it:
To serve Canadians, permanent residents and potential immigrants faster
and more effectively.
To enable the program to move toward immigration levels of one percent of
the population.
Expanding the Family Class
What we are doing:
Broadening the definition of "dependent child" by increasing the age from
under 19 to under 22.
Opening up adoption provisions in keeping with the principle of the best
interests of the child.
Modernizing the definition of "family" to include common-law and same-sex
partners.
Why we are doing it:
To reflect the high value Canadians place on the family.
To maintain and enhance the family class as an important component of the
overall program.
To reflect the changing nature of social relationships in Canada.
Facilitating Family Reunification
What we are doing:
Creating an in-Canada landing class for sponsored spouses and partners for
both immigrants and refugees.
Exempting sponsored spouses, partners and dependent children from the
admission bar with regard to excessive demand on health or social services.
Reducing the age at which Canadian citizens and permanent residents are
eligible to sponsor from 19 to 18.
Including "parent" in the definition of family class within the Act.
Reducing the length of the sponsorship requirement from 10 years to 3
years for spouses and common-law opposite- and same-sex partners.
Why we are doing it:
To make it easier for families to be reunited as soon as possible.
Incorporating the Best Interests of the Child
What we are doing:
Incorporating the principle of the best interests of the child in appropriate
provisions of the Immigration and Refugee Protection Act.
Why we are doing it:
To uphold our international commitments as a signatory to three United
Nations conventions on the rights of the child.
To reflect the high value Canadians place on the well-being of children.
Modernizing the Selection System: Skilled Workers