Operational Bulletin 531 – June 21, 2013

Coming into force of Bill C-43 – Obligations for certain persons making an application under the Immigration and Refugee Protection Act

Summary

The purpose of this Operational Bulletin (OB) is to notify officers of the coming into force of the Faster Removal of Foreign Criminals Act (FRFCA) on June 19, 2013. To this end, the Immigration and Refugee Protection Act (IRPA) was amended as follows:

• Subsection 16(1.1) was added to create an explicit obligation for persons making an application under the IRPA to appear for an examination at the request of an officer.
• Subsection 16(2.1) was added to create an obligation for foreign nationals who make an application under the IRPA to appear, upon request, for an interview conducted by the Canadian Security Intelligence Service (CSIS) and to answer truthfully all questions put to them during this interview.

Background

Prior to the coming into force of the FRFCA, a person who made an application under the IRPA was subject to an examination by an officer and was obliged to answer truthfully all questions put to them for the purpose of the examination [subsection 16(1) of the IRPA].

There was no express statutory requirement, however, for a person to appear for an examination when asked to do so. There also was no statutory requirement for a foreign national to participate in an interview with CSIS for the purpose of an investigation.     

New Provisions

s.16(1.1) A person who makes an application must, on request of an officer, appear for an examination.

The new subsection 16(1.1) adds clarity by creating an explicit obligation for a person making an application under the IRPA to appear in person for examination at the request of an officer.

s.16(2.1) A foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service under section 15 of the Canadian Security Intelligence Service Act for the purpose of providing advice or information to the Minister under section 14 of that Act and must answer truthfully all questions put to them during the interview.

The new subsection 16(2.1) creates an explicit obligation for foreign nationals to, upon the request of an officer, appear for an interview with CSIS and to answer truthfully all questions put to them during the interview. 

Procedure – section 16(1.1) examinations

The authority to compel a person for an examination under section 16(1.1) of IRPA may be used overseas, inland and at ports of entry.

Procedure – section 16(2.1) CSIS interviews

The authority to compel a foreign national for a CSIS interview under section 16(2.1) can only be used for in-Canada applications and port of entry applications.

Should the person concerned not appear for the examination or the interview as required, or the person does not answer truthfully all questions posed, the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (CIC), depending on the case, may take appropriate action.