Bill C-43 Comes into Force

24th Jun 2013 Comments Off on Bill C-43 Comes into Force

In June 2012 I wrote about how the Conservative government had introduced Bill C-43, the Faster Removal of Foreign Criminals Act (“Bill C-43“).  Amongst other things, Bill C-43 increases the penalties for misrepresentation, removes appeal rights for permanent residents who are sentenced to a length of imprisonment of six months or more, gives the Minister of Citizenship and Immigration Canada the power to let otherwise inadmissible people to Canada into the country based on his discretion, and prohibits visa officers from considering humanitarian & compassionate factors in certain scenarios.

On June 19, 2013, Bill C-43 received Royal Assent.

Citizenship and Immigration Canada (“CIC“) has now begun rolling out Operational Bulletins to instruct visa officers of its implications.

Operational Bulletin 532 – Coming into Force of Bill C-43 – Inadmissibility on Security Grounds (“OB-532”)

Subsection 34(1)(a) of the Immigration and Refugee Protection Act (“IRPA“) previously provided that a permanent resident or a foreign national is inadmissible to Canada on security grounds for:

engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada

IRPA 34(1)(a) has been reworded to provide that a permanent resident or a foreign national is inadmissible to Canada on security grounds for:

engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests

As well, a new IRPA 34(1)(b.1) will make a permanent resident or a foreign national inadmissible to Canada on security grounds for:

engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada

The question that arises from this change is what constitutes espionage that is “contrary to Canada’s interest”

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Post-Graduate Work Permits in British Columbia

7th Jun 2012 Comments Off on Post-Graduate Work Permits in British Columbia

Lately, I have received numerous enquiries regarding which private post-secondary institutions are eligible to have their students receive Post-Graduate Work Permits (“PGWP“) in British Columbia.  Coincidentally, on June 5, 2012, Citizenship and Immigration Canada (“CIC“), issued Operational Bulletin 262 (“OB 262“), which addresses the issue.

First, it is important to note the distinction between students enrolled in a degree program at a private post-secondary institution, and students enrolled in a diploma or certificate program.  All students in Canadian private institutions which are authorized by provincial statute to confer degrees are eligible to participate in the general PGWP.

As well, there is a Pilot Project in British Columbia which provides that diploma and certificate students at certain British Columbia private post-secondary institutions are eligible to receive Post-Graduate Work Permits.  The Pilot Project expires on January 31, 2013, and international students accepted into programs of study at participating institutions after August 31, 2012 are not eligible to participate in the pilot.

Students who have completed a program of study that is at least eight months or more and received a diploma or certificate in a career training program from the following institutions are eligible to apply under the Pilot Project:

  • Sprott-Shaw Degree College
  • Arbutus College of Communication Arts;
  • Business and Technology
  • Ashton College
  • Canadian Tourism College
  • Centre for Arts and Technology
  • Eton College
  • Greystone College
  • John Casablancas Institute of Applied Arts
  • MTI Community College
  • Omni College
  • Pacific Audio Visual Institute
  • Pacific Institute of Culinary Arts
  • Pacific Rim Early Childhood Institute
  • Sprott-Shaw Community College
  • Stenberg College
  • Universal Learning Institute
  • Vancouver Central College
  • Vancouver Film School
  • Vancouver Institute of Media Arts

Additional requirements,

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LMO Exemption Announced for Foreign Medical Residents and Research Fellows

1st Sep 2010 Comments Off on LMO Exemption Announced for Foreign Medical Residents and Research Fellows

CIC has waived the requirement for a Labour Market Opinion for foreign medical residents and medical research fellows completing their training or research in Canada. The decision is effective September 1, 2010.

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Medical Examinations for Live-in Caregivers vs. Applicants in the Caring for Children and Caring for People with High Medical Needs Classes

23rd Aug 2010 Comments Off on Medical Examinations for Live-in Caregivers vs. Applicants in the Caring for Children and Caring for People with High Medical Needs Classes

On August 20th, Citizenship and Immigration Canada released Operational Bulletin 232 – Live-in Caregiver Program: Revised in Canada Medical Examination Procedures.

The revised instructions apply only to the live-in caregiver. Medical examinations for family members remain unchanged. It also does not affect the initial overseas examination to qualify for a work permit as a live-in caregiver.

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Do Cruise Ship Employees Need Work Permits?

24th Jun 2010 Comments Off on Do Cruise Ship Employees Need Work Permits?

Last updated on July 21st, 2018

Regulation 186(s) of Canada’s Immigration and Refugee Protection Regulations (the “Regulations“) regulates when crew members are permitted to work in Canada without first obtaining a work permit.  The Regulations state:

R186(s). A foreign national may work in Canada without a work permit as a member of a crew who is employed by a foreign company aboard a means of transportation that

(i) is foreign-owned and not registered in Canada, and

(ii) is engaged primarily in international transportation

Immigration, Refugees and Citizenship Canada (“IRCC“) has published helpful guidance as to how this Regulation is to be interpreted (the “Guidelines“).

What is a Member of a Crew

As per the Guidelines, on a cruise ship, crew members include:

  • licensed officers: master, first officer, chief officer or chief mate, first engineer or chief engineer, and subordinate officers and engineers;
  • non-licensed crew: ordinary seamen, able-bodied seamen, bosun (deck crew foreman), engine- room crew (oilers and fitters), and kitchen and mess-room staff (cooks, stewards and messmen); and
  • the hotel manager, cruise director, purser, medical staff, managers and staff of the ship’s bars, restaurants, boutiques and casino, as well as house-cleaning staff and entertainers.

Crew members do not include:

  • supernumeraries: spouses, children and other dependants of crew members;
  • foreign contractors and shipping company technicians: foreign nationals temporarily assigned to a vessel for the sole purpose of making repairs;
  • shipping company superintendents, including persons referred to as supercargo, superintendent engineers, or port captains;
  • employees or executives of a marine transportation company who travel aboard or who visit ships to monitor or supervise operations such as maintenance and repairs,

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