The Bill C-11 Regulations

25th Mar 2011 Comments Off on The Bill C-11 Regulations

The Bill C-11 Regulations have been released

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The Bill C-11 Changes – What is Now in Effect

3rd Sep 2010 Comments Off on The Bill C-11 Changes – What is Now in Effect

On June 29, 2010, Bill C-11, the Balanced Refugee Reform Act, received Royal Assent.  This Bill provided the most significant changes to Canada’s refugee law in several years.  Getting it through Parliament proved to be extremely contentious, and it took a last minute deal between the Conservatives, the NDP, and the Bloc to pass it. It is now law, though many of its provisions have yet to take effect.

The Bill introduced significant changes to Canada’s refugee system, including:

  • Replacing the 28 days to prepare a Personal Information Form with an information-gathering interview which will occur no sooner than 15 days after a claim has been made;
  • Reducing the wait for a hearing from approximately 18 months after arrival to 90 days after the informational interview for most claimants;
  • Allowing the government to designate certain countries of origin. Whether a country is designated or not will depend on the approval rate of refugee applications from that country. If a claimant comes from a designated country, than their hearing will occur 60 days after the informational interview;
  • Creating a Refugee Appeal Division. Decisions on appeals will be held within 120 days of the original decision unless a hearing is held. Decisions on appeals from people from designated countries of origin will occur within 30 days;
  • Allowing the Refugee Protection Division to declare a refugee claim as being manifestly fraudulent. If this occurs, then the time for appeal will be 30 days;
  • Removing people within 12 months of a final negative decision by the Immigration and Refugee Board;
  • Limiting the ability to make either a Pre-Removal Risk Assessment application or an application for a Temporary Resident Permit for an individual who has received a final negative decision from the Immigration and Refugee Board so that he/she can only make such a decision if he/she has not voluntarily left or been removed from Canada during that one year;

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