Operational Bulletin 532 – June 21, 2013

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Coming into Force of Bill C-43 – Inadmissibility on Security Grounds

Summary

This Operational Bulletin (OB) describes changes to the security inadmissibility provisions in the Immigration and Refugee Protection Act (IRPA) that have come into force following royal assent to Bill C-43, The Faster Removal of Foreign Criminals Act (FRFCA).

Background

On June 19, 2013, the FRFCA amending the IRPA received royal assent. While most of the provisions of the Bill will come into force at a later date, certain provisions are now in effect including the amendments that relate to espionage, subversion and membership in an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts of espionage, subversion or terrorism.

The provision on espionage was amended as follows:

A34(1)(a) – engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests.

The provision on subversion against any democratic government, institution or process that was previously part of the espionage provision has been established under the following new paragraph:

A34(1)(b.1) – engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada.

As a result of the aforementioned changes, the membership provision under paragraph 34(1)(f) has been amended to include the new paragraph (b.1):

A34(1)(f) – being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).

Relevant operational manuals will be updated to reflect these changes.

The FOSS coding manual has been updated to reflect the new inadmissibility codes for sections 34(1)(a), 34(1)(b.1) and 34(1)(f).

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