Judicial Reviewing Electronic Decisions

12th May 2015 Comments Off on Judicial Reviewing Electronic Decisions

Bill C-59 – An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 (“Bill C-59“) and other measures introduces certain amendments to the Immigration and Refugee Protection Act (“IRPA“).  One of them is:

186.1 (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement.

(5) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act, or by an officer to make a decision or determination or to proceed with an examination under this Act, if the system is made available to the officer by the Minister.

It is well known that most Electronic Travel Authorization decisions will be electronic.  Bill C-59 allows for the possibility that automated decision making may occur elsewhere.

As computers possibly start deciding temporary and permanent residence applications, the question has to be asked.. how do you judicially review the decision of a computer? Is the computer an expert?

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Business Visitor or Work Permit Required?

7th Oct 2011 Comments Off on Business Visitor or Work Permit Required?

Last updated on June 28th, 2019

The Business Visitor category facilitates the entry of a broad range of individuals who intend to enter Canada to engage in business or trade activities without entering the Canadian labour market. Business Visitors do not need work permits, pursuant to section 186(a) of Canada’s Immigration and Refugee Protection Regulations (“IRPR“), which states that:

No permit required

186. A foreign national may work in Canada without a work permit

(a) as a business visitor to Canada within the meaning of section 187;

IRPR s. 187, meanwhile, states that:

Business visitors

187. (1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.

Specific cases

(2) The following foreign nationals are business visitors:

(a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;

(b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and

(c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.

Factors

(3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if

(a) the primary source of remuneration for the business activities is outside Canada;

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