Vol. 144, No. 18 — May 1, 2010

Regulations Amending the Immigration and Refugee Protection Regulations

Statutory authority

Immigration and Refugee Protection Act

Sponsoring department

Department of Citizenship and Immigration

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Immigration and Refugee Protection Regulations (IRPR) generally require foreign nationals who intend to work in Canada to have a work permit. Section 186 of IRPR, however, provides a list of professions and working conditions that are exempt from the work permit requirement, including business visitors, diplomats, armed forces, government officers, students, artists, and athletes. Citizenship and Immigration Canada (CIC) proposes to introduce work permit exemptions for two new groups: designated foreign national in-flight security officers (IFSOs) and designated cross-border maritime law enforcement officers, as the special circumstances under which these officers operate in the country are not explicitly outlined in IRPR. In order for Canada to adhere to international security obligations, it is proposed that these two groups be added to the list of exempt professions.

It is important for Canada to ensure that these individuals operate without work permits under the proper authority. The proposed regulatory changes would help clarify the conditions under which foreign IFSOs and American designated cross-border maritime law enforcement officers may work in Canada and ensure that their exemption from the work permit requirement is clearly authorized by the Regulations.

Description and rationale

In-flight security officers

Foreign IFSOs are specially selected and trained officers employed by foreign governments to support aviation safety on foreign aircraft. As officials of a foreign government, their duties are restricted to providing security onboard certain aircraft flying to and from Canada, or within Canada. Citizenship and Immigration Canada has established that their work in Canada has no impact on the Canadian labour market because they work for foreign governments.

Under paragraph 186(s) of the IRPR, a “member of a crew” is exempt from the work permit requirement. However, paragraph 186(s) does not sufficiently address the conditions under which IFSOs operate in Canada, as IFSOs are employed by foreign governments and, as such, do not meet the criterion under paragraph 186(s) of being “employed by a foreign company.”

For IFSOs, two regulatory amendments are proposed. The first is to add a subsection to section 186 that would exempt IFSOs from work permit requirements. The new work permit exemption would not exempt IFSOs from other requirements under the Regulations.

The second change proposes to amend the definition of a “member of a crew” in subsection 3(1) to clarify that it does not include IFSOs. The distinction between a “member of a crew” and an IFSO would also clarify the need for IFSOs from visa-required countries to apply for and obtain a temporary resident visa in order to perform their duties while in Canadian airspace.

Formally exempting IFSOs from work permit requirements would enable Canada to maintain reciprocal travel requirements for this profession with countries with whom Canada has made arrangements for the deployment of IFSOs.

Designated cross-border maritime law enforcement officers

Integrated cross-border maritime law enforcement operations involve vessels jointly crewed by specially trained and designated Canadian and American law enforcement officers authorized to enforce the law on both sides of the international boundary line. Working together, these officers are able to transit back and forth across the border to deal with cross-border criminality in shared waterways. All operations are conducted under the operational control of law enforcement officers of the “host country,” assisted by law enforcement officers of the “visiting country.” Examples of enforcement actions undertaken by designated cross-border maritime law enforcement officers include patrol operations, arrests and seizures of contraband. Section 9 of the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, signed on May 26, 2009, requires that both signatory parties provide exemptions from work permit requirements to designated cross-border maritime law enforcement officers.

Paragraph 186(e) of the IRPR, which exempts from the work permit requirement foreign nationals taking up duties with a federal or provincial agency under an exchange agreement, is currently being used to allow United States designated cross-border maritime law enforcement officers to work in Canada. Paragraph 186(e) is generally used to exempt foreign government personnel sent under exchange agreements to take up duties with a federal or provincial agency. As designated cross-border maritime law enforcement officers do not operate under an exchange program, paragraph 186(e) does not sufficiently cover the circumstances under which they operate.

For this reason, it is proposed that section 186 be amended to add a subsection for designated cross-border maritime law enforcement officers and exempt them from work permit requirements.

Designated cross-border maritime law enforcement officers have no impact on the Canadian labour market and their deployment is of considerable benefit to Canada, as security gaps and vulnerabilities continue to be identified in threat assessments conducted by Canadian and American law enforcement agencies.

This regulatory change would apply only to American law enforcement officers and no other country will have this privilege under the proposed regulatory change.

Consultation

Intra-departmental consultations for new procedures for both IFSOs and integrated maritime law enforcement operations were led by Public Safety Canada and Transport Canada. Federal partners consulted on policy and operational changes included CIC, the Department of Foreign Affairs and International Trade, Justice Canada, the Canadian Border Services Agency, and the Royal Canadian Mounted Police (RCMP).

Public consultations regarding the implementation of integrated maritime law enforcement operations were undertaken by Public Safety Canada and Justice Canada in July 2008. A number of key stakeholders, including provincial Attorneys General, police associations, local governments, Aboriginal groups in close proximity to the border, civilian law enforcement oversight bodies and stakeholder groups from the legal profession were consulted. The views of stakeholders helped to inform and strengthen the development of the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations. In response to concerns expressed by some Aboriginal groups and municipal governments, the RCMP committed to engaging the Mohawk Peacekeepers (i.e. Akwesasne Police) in advance of the implementation of integrated law enforcement operations.

Implementation, enforcement and service standards

Implementation would require updates to CIC guidelines in policy manuals in order to inform immigration officers of the new regulations.

Contact

Maia Welbourne
Director
Temporary Resident Policy and Program Development Division
Citizenship and Immigration Canada
Jean Edmonds Tower South, 8th Floor
365 Laurier Avenue
Ottawa, Ontario
K1A 1L1
Telephone: 613-957-0001
Fax: 613-954-0850
Email: Maia.Welbourne@cic.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 5(1) and section 32 of the Immigration and Refugee Protection Act (see footnote a), proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Maia Welbourne, Director, Citizenship and Immigration Canada, Temporary Resident Policy and Program Development Division, Jean Edmonds Tower South, 8th Floor, 365 Laurier Avenue West, Ottawa, Ontario K1A 1L1 (tel.: 613-957-0001; email: Maia.Welbourne@cic.gc.ca).

Ottawa, April 22, 2010

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

AMENDMENTS

1. Section 2 of the Immigration and Refugee Protection Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“in-flight security officer”
« agent de sécurité aérien »

“in-flight security officer” means a person who is on board a commercial passenger aircraft and whose duty it is to protect the passengers and the members of the crew as well as the aircraft itself.

2. Subparagraph 3(1)(a)(iii) of the Regulations is replaced by the following:

(iii) any person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or other members of the crew, including an in-flight security officer; and

3. Section 186 of the Regulations is amended by adding the following after paragraph(e):

(e.1) as a cross-border maritime law enforcement officer designated by the United States under the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, signed on May 26, 2009;

(e.2) as an in-flight security officer employed by a foreign government with which Canada has concluded an arrangement in respect of commercial passenger aircraft security;

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

[18-1-o]

Footnote a
S.C. 2001, c. 27

Footnote 1
SOR/2002-227  

NOTICE:
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