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Faster Removal of Foreign Criminals Act (S.C. 2013, c. 16)

Assented to 2013-06-19

 Section 44 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Conditions — inadmissibility on grounds of security

    (4) If a report on inadmissibility on grounds of security is referred to the Immigration Division and the permanent resident or the foreign national who is the subject of the report is not detained, an officer shall also impose the prescribed conditions on the person.

  • Marginal note:Duration of conditions

    (5) The prescribed conditions imposed under subsection (4) cease to apply only when

    • (a) the person is detained;

    • (b) the report on inadmissibility on grounds of security is withdrawn;

    • (c) a final determination is made not to make a removal order against the person for inadmissibility on grounds of security;

    • (d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or

    • (e) a removal order is enforced against the person in accordance with the regulations.

  •  (1) Subsection 46(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (e) on approval by an officer of their application to renounce their permanent resident status.

  • (2) Section 46 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Effect of renunciation

      (1.1) A person who loses their permanent resident status under paragraph (1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce their permanent resident status at a port of entry or are not physically present in Canada on the day on which their application is approved.

 Section 53 of the Act is amended by adding the following after paragraph (a):

  • (a.1) the form and manner in which an application to renounce permanent resident status must be made and the conditions that must be met before such an application may be approved;

 Section 56 of the Act is renumbered as subsection 56(1) and is amended by adding the following:

  • Marginal note:Conditions — inadmissibility on grounds of security

    (2) If an officer orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the officer must also impose the prescribed conditions on the person.

  • Marginal note:Duration of conditions

    (3) The prescribed conditions imposed under subsection (2) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.

 Section 58 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Conditions — inadmissibility on grounds of security

    (4) If the Immigration Division orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, it shall also impose the prescribed conditions on the person.

  • Marginal note:Duration of conditions

    (5) The prescribed conditions imposed under subsection (4) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.

 Subsection 64(2) of the Act is replaced by the following:

  • Marginal note:Serious criminality

    (2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).

 The Act is amended by adding the following after section 77:

Marginal note:Conditions — inadmissibility on grounds of security
  • 77.1 (1) If a certificate stating that a permanent resident or foreign national is inadmissible on grounds of security is referred to the Federal Court and no warrant for the person’s arrest and detention is issued under section 81, the Minister of Public Safety and Emergency Preparedness shall impose the prescribed conditions on the person who is named in the certificate.

  • Marginal note:Duration of conditions

    (2) The prescribed conditions imposed under subsection (1) cease to apply only when

    • (a) the person is detained;

    • (b) the certificate stating that the person is inadmissible on grounds of security is withdrawn;

    • (c) a final determination is made that the certificate is not reasonable;

    • (d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or

    • (e) a removal order is enforced against the person in accordance with the regulations.

 Section 82 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Conditions — inadmissibility on grounds of security

    (6) If the judge orders the release, under paragraph (5)(b), of a person who is named in a certificate stating that they are inadmissible on grounds of security, the judge shall also impose the prescribed conditions on the person.

  • Marginal note:No review of conditions

    (7) The prescribed conditions imposed under subsection (6) are not subject to review under subsection (4).

  • Marginal note:Variation of conditions

    (8) If a person is subject to the prescribed conditions imposed under subsection (6), any variation of conditions under subsection 82.1(1) or paragraph 82.2(3)(c) is not to result in the person being subject to conditions that do not include those prescribed conditions.

  • Marginal note:Duration of conditions

    (9) The prescribed conditions imposed under subsection (6) cease to apply only when one of the events described in paragraphs 77.1(2)(a) to (e) occurs.

Marginal note:2008, c. 3, s. 4

 Subsection 87.2(1) of the Act is replaced by the following:

Marginal note:Regulations
  • 87.2 (1) The regulations may provide for any matter relating to the application of this Division and may include provisions respecting

    • (a) the conditions that must be imposed under subsection 77.1(1) or 82(6); and

    • (b) the conditions and qualifications that persons must meet to be included in the list referred to in subsection 85(1) and the additional qualifications that are assets that may be taken into account for that purpose.

TRANSITIONAL PROVISIONS

Definition of “the Act”

 In sections 29 to 35, “the Act” means the Immigration and Refugee Protection Act.

Marginal note:Humanitarian and compassionate considerations

 Subsection 25(1) of the Act, as it read immediately before the day on which section 9 comes into force, continues to apply in respect of a request made under that subsection 25(1) if, before the day on which section 9 comes into force, no decision has been made in respect of the request.

Marginal note:Imposition of conditions by officer
  •  (1) When circumstances permit the officer to do so, an officer referred to in subsection 44(4) of the Act must impose the conditions referred to in that subsection on a permanent resident or foreign national who, on the day on which this section comes into force,

    • (a) is the subject of either a report on inadmissibility on grounds of security that was referred to the Immigration Division before the day on which this section comes into force or a removal order for inadmissibility on grounds of security that was made before the day on which this section comes into force;

    • (b) is not detained; and

    • (c) is not subject to a release order with conditions that was made under section 58 of the Act.

  • Marginal note:Deemed imposition

    (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 44(4) of the Act.

Marginal note:Imposition of conditions by Immigration Division
  •  (1) On application by the Minister of Public Safety and Emergency Preparedness, the Immigration Division must vary a release order with conditions that was made under section 58 of the Act before the day on which this section comes into force in order to impose the conditions referred to in subsection 58(4) of the Act on a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security or a removal order for inadmissibility on grounds of security.

  • Marginal note:Deemed imposition

    (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 58(4) of the Act.

Marginal note:Appeal

 Subsection 64(2) of the Act, as it read immediately before the day on which section 24 comes into force, continues to apply in respect of a person who had a right of appeal under subsection 63(1) of the Act before the day on which section 24 comes into force.

Marginal note:Appeal

 Subsection 64(2) of the Act, as it read immediately before the day on which section 24 comes into force, continues to apply in respect of a person who is the subject of a report that is referred to the Immigration Division under subsection 44(2) of the Act before the day on which section 24 comes into force.

Marginal note:Imposition of conditions by the Minister

 Section 77.1 of the Act applies with respect to a certificate that was referred to the Federal Court before the day on which this section comes into force.

 
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