CAPIC Submission on Part 16: Immigration and Refugee Protection Regulations (IRPR)

Transcription

1 2017 CAPIC Submissin n Part 16: Immigratin and Refugee Prtectin Regulatins (IRPR) CAPIC SUBMISSION-PART 16: IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (IRPR)

2 Cntents Intrductin... 2 Preamble... 2 Opinin/Input n Detentin... 2 Recmmendatins fr cnsideratin:... 3 IRPR Part 16: Seizure... 3 Cnclusin... 5

3 Intrductin The Canadian Assciatin f Prfessinal Immigratin Cnsultants (CAPIC) is the natinal advcacy grup fr Regulated Canadian Immigratin Cnsultants (RCICs), funded n the pillars f Educatin, Infrmatin, Lbbying and Recgnitin. CAPIC s mandate includes prviding cntinuing prfessinal educatin abut Canadian immigratin matters and prgrams t their members, ensuring that they are better able t serve their clients and that cnsumer cnfidence is maintained. CAPIC Members are ffered the best cntinuing Prfessinal Develpment Educatin in the Industry. As the prfessinal assciatin fr RCICs, CAPIC leads, cnnects, prtects and develps the prfessin. Preamble The Canada Brder Services Agency (CBSA) has launched cnsultatin n Part 16 f the Immigratin & Refugee Prtectin Regulatins (IRPR) as relating t Seizure. The cnsultatins directly reflect the imprtance that the Canada Brder Services Agency places n stakehlders in cntributing and develping the plicy prcess. The CBSA is cnsidering amending Part 16 f IRPR t address inaccuracies, errrs, and incnsistencies t yield a fairer and efficient prcess. The Canadian Assciatin f Prfessinal Immigratin Cnsultants will be fcusing n the IRPR Part 16 as relating t Seizure and respectfully recmmends changing sme prvisins t yield a fairer and mre transparent prcess f dealing with seizure. Opinin/Input n Detentin The Canadian Assciatin f Prfessinal Immigratin Cnsultants having reviewed the IRPR Part 16 pertaining t Seizure, cmmends the CBSA fr the practive initiatives it is taking in ensuring and adapting plicies t ensure bth reflect the dignity f persns and the integrity f the immigratin system. CAPIC fully supprts the cnsultatin and review prcess and respectfully request that the fllwing mdificatins be taken int cnsideratin when devising the final plicies. It is ur view that by cnsidering the pints belw in the final plicy, CBSA will prduce a plicy that is very sund, clear in prcess and fair t all stakehlders in the prcess while maintaining prgram integrity and a highly efficient adjudicative system.

4 Recmmendatins fr cnsideratin: IRPR Part 16: Seizure Under R253 (1) (b) f IRPR where it reads: give the lawful wner written ntice f.reasns fr seizure Recmmendatin: CAPIC respectfully recmmends t add the fllwing t R253(1)(b) list f seized items. 253 (2) Dispsitin after seizure (2) Subject t subsectin (3), a thing seized shall be dispsed f as fllws: (a) if it was fraudulently r imprperly btained, by returning it t its lawful wner unless sectin 256 applies; (b) if it was fraudulently r imprperly used, by dispsing f it under sectin 257 unless sectin 254, 255 r 256 applies; (c) if the seizure was necessary t prevent its fraudulent r imprper use (i) by returning it t its lawful wner, if the seizure is n lnger necessary fr preventing its fraudulent r imprper use, r (ii) by dispsing f it under sectin 257, if returning it t its lawful wner wuld result in its fraudulent r imprper use; r (d) if the seizure was necessary t carry ut the purpses f the Act, by returning it t its lawful wner withut delay if the seizure is n lnger necessary t carry ut the purpses f the Act. Recmmendatin: Under R253 (2) kindly request that there be prvided a clear definitin f lawful wner and applicable prvisins where such lawful wner cannt be identified. Mrever, kindly d the same fr R255 (2). A plain reading f the current Part 16 can leave the reader unsure as t the intentin f the legislature, fr example, the persn frm whm it was seized and the lawful wner in the case f a freign passprt the lawful wner is the issuing freign cuntry, nt the persn frm whm it was seized. Returning a seized passprt t the issuing cuntry and nt the traveller, wuld leave the traveller in Canada in majr difficulty. Additinally, CAPIC strngly recmmends t revise this plicy t ensure efficiency and transparency with seized r retained dcuments by retaining the seized dcument fr a reasnable time while determining the authenticity, and thus returned t the individual frm whm it was seized withut delay.

5 Dispsitin f dcuments R257 (3) If a dcument is nt returned t its lawful wner r the persn frm whm it was seized, the dcument shall be retained fr as lng as is necessary fr the administratin r enfrcement f Canadian laws, after which it is subject t the applicable laws relating t the dispsal f public archives. Recmmendatin: Fr greater clarity CAPIC recmmends having defined what the applicable laws relating t the dispsal f public archives are and the assciated time interval. 255 (1) Fr the purpses f paragraph 253(2) (b), a persn wh claims t be the lawful wner f a seized thing may apply in writing fr its return within 60 days after the seizure. 256 (1) If a thing was seized n the grund that it was fraudulently r imprperly btained r used, a persn frm whm it was seized may apply in writing within 30 days after the seizure fr its return. Recmmendatin: Kindly cnsider an alternative suggestin such as timelines fr the lawful wner t run frm time ntificatin was given, and such ntificatin shuld be made in writing and preferably by registered mail. In rder fr the lawful wner t respnd n time, kindly cnsider at least 60 days as the minimum time interval fr the lawful wner and the persn it was seized frm, as ppsed t 30 days.

6 Cnclusin CAPIC-ACCPI cmmends the CBSA`s practive apprach f seeking stakehlder input via cnsultatin sessins and the ability t prvide submissins. We have recmmended slight mdificatins which we hpe the CBSA will give due cnsideratin t incrprating in the final plicy f IRPRs Sectins as relating t Seizure. The Canadian Assciatin f Prfessinal Immigratin Cnsultants (CAPIC-ACCPI) as a stakehlder appreciates CBSA`s nging cllabratin and dialgue/cnsultatin with the stakehlders in an effrt t cllectively address issues and plicies fr cntinued effectiveness f IRPR t address inaccuracies, errrs, and incnsistencies t yield a fairer and efficient prcess. We thank CBSA fr the pprtunity t prvide this input in the drafting f imprtant plicy. Respectfully Submitted, Dnald Igbkwe President CAPIC ACCPI