On June 22, 2023, Bill S-8 received Royal Assent. The amendments:
- reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions;
- expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person;
- expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act; and
- amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions.
Legislation
There Immigration and Refugee Protection Act contains several provisions pertaining to inadmissibility and sanctions.
Section 4(2)(c) of the IRPA states:
4(2) The Minister of Public Safety and Emergency Preparedness is responsible for the administration of this Act as it relates to:
(c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, violating human or international rights, sanctions or organized criminality.
Section 35.1(1) of the IRPA states:
35.1 (1) A foreign national is inadmissible on grounds of sanctions if:
(a) their entry into or stay in Canada is restricted under a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a person, entity or foreign state, within the meaning of section 2 of the Special Economic Measures Act, against which or whom Canada has imposed or has agreed to impose sanctions in concert with that organization or association;
(b) they are currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act; or
(c) they are currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).
(2) For greater certainty, despite section 33, a foreign national whose entry into or stay in Canada is no longer restricted under a decision, resolution or measure referred to in paragraph (1)(a) or who ceases being the subject of an order or regulation referred to in paragraph (1)(b) or (c) is no longer inadmissible under that paragraph.
Section 21(2) of the IRPA states that inadmissibility due to sanctions prevents protected persons from receiving permanent residence if they are inadmissible due to sanctions. It states:
(2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34, 35 or 35.1, subsection 36(1) or section 37 or 38.
Section 25(1) of the IRPA provides that humanitarian & compassionate considerations do not apply to people inadmissible due to sanctions. It states:
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35, 35.1 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Section 42.1(1) of the IRPA provides that family members of individuals inadmissible due to sanctions are also inadmissible.
Section 55(3)(b) of the IRPA provides that individuals can be detained if they are inadmissible due to sanctions.
Section 64(1) of the IRPA provides that:
64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality or organized criminality.
Iran
When Bill S-8 was passed IRCC produced speaking notes regarding its application to Iran. The following is a reproduction of some of those notes. The full set of speaking notes follow.
Should the Minister of Public Safety Designate the Government of the Islamic Republic of Iran as a Regime
Q4. How will this affect IRCC?
The sanctions imposed on Iran and the designation of the Government of the Islamic Republic of Iran as a regime allow us to deny travel and entry to Canada for those who have committed gross human rights violations in Iran or played a role in these violations.
Taken together, this suite of measures will help hold the Iranian regime accountable for their crimes while minimizing unintended consequences on innocent Iranians.
Q5. Who will be inadmissible as a result of the regime’s designation and sanctions under the Special Economic Measures Act?
The regime’s designation renders senior officials of the Government of the Islamic Republic of Iran inadmissible. This includes heads of state, members of the Cabinet, ambassadors, senior diplomats, members of the judiciary, senior military and intelligence officials, and senior public servants.
Iranian nationals sanctioned under the Special Economic Measures Act on grounds of gross human rights violations are inadmissible to Canada. Should Bill S-8 be passed by Parliament, individuals sanctioned for grave breach of international peace and security would also be inadmissible to Canada, which would strengthen IRCC’s ability to prevent entry to inadmissible Iranian individuals.
Q6. If an individual is no longer a member of the regime, are they still considered inadmissible?
Yes, an individual’s inadmissibility on the basis of being a senior official of a designated regime during a specified timeframe is intended to be permanent.
Q7. What will happen to former members of the Islamic Revolutionary Guard Corps who are now human rights defenders? Will they be automatically inadmissible to Canada?
There are a number of existing tools to ensure that human rights defenders have a way to come to Canada, provided they have satisfied other eligibility and admissibility requirements.
Individuals who are inadmissible for being senior officials in a designated regime can apply to the Minister of Public Safety for ministerial relief. If they want to come to Canada temporarily, they may be able to obtain a temporary resident permit if justified in the circumstances.
QB. What recourses are available for permanent residents who become inadmissible under the regime’s designation?
Permanent residents in Canada would continue to have recourse to apply to the Federal Court for leave and judicial review of a decision finding them to be inadmissible.
Individuals who lose their permanent resident status and become foreign nationals as a result of the new inadmissibility could make an application to the Minister of Public Safety for ministerial relief.
Individuals inadmissible solely due to regime designation would not be eligible to make a refugee claim, but could have access to a restricted pre-removal risk assessment.
For questions on the removal of people already in Canada, please contact the Canada Border Services Agency.
Q9. What happens to family members of individuals who become inadmissible due to sanctions or the regime designation? Will a family member, such as a dependent child who is already in Canada, be affected?
For those not yet in Canada, spouses or partners of an individual who is inadmissible as a result of sanctions or for being a member of a terrorist organization would also become inadmissible, whether travelling separately or with the inadmissible family member.
The spouse would be inadmissible whether applying for temporary or permanent residence, both inside and outside of Canada. Spouses who are already in Canada and already have temporary resident status would be inadmissible to Canada and unable to qualify for Canadian immigration programs, making them subject to enforcement action such as removal from Canada.
A dependent child (such as a student) applying to come to Canada with the inadmissible family member would also be inadmissible. However, if the dependent child is applying on their own, they would be admissible. This is because the child would be considered an applicant on their own and a parent is not a family member as defined in the Immigration and Refugee Protection Regulations.
If a person is already in Canada and becomes inadmissible due to an inadmissible family member, they could apply for a temporary resident permit or for permanent residence under humanitarian and compassionate considerations.
For questions on the removal of people already in Canada, please contact the Canada Border Services Agency.
Q10. How will the screening process work?
Security screening and risk assessments are important parts of the overall application process to determine whether a person is inadmissible to Canada for national security concerns.
IRCC assesses applicants through the visa application process or an electronic travel authorization. Visa-required clients seeking entry to Canada are screened for inadmissibility, including for security reasons and human rights violations. Inadmissibility provisions under the Immigration and Refugee Protection Act include reasons of security, human rights violations, organized crime, criminality and misrepresentation. While sanctions on individuals require an IRCC official to confirm that the identity of the applicant matches the sanctioned individual, inadmissibility Iran
assessments require a case-by-case analysis based on the facts of the case.