For example, after the new law comes into force, visa and immigration officers in exceptional circumstances have the right to consider debt obligations or guarantees signed by third parties as confirmation of the solvency of new immigrants. In addition, immigration officers in exceptional circumstances may issue a permit for permanent or temporary entry of those persons to whom a permit could previously only be issued by the Ministry of Citizenship and Immigration.
ENTRY AND STAY IN CANADA
To simplify the process of entry and exit of permanent residents of Canada (landed immigrants), amendments are being considered to the conditions under which residents' stays outside Canada will be included in their period of residence in Canada. In this regard, a new definition of the concept of "business in Canada" is introduced. Namely: business in Canada includes corporations, partnerships, private companies based in Canada and paying all taxes in accordance with Canadian law, provided that management and control of activities are exercised from Canada.
RESIDENT CARD
The Ministry of Immigration proposes to introduce a specific document confirming the resident's status, since the current document is too easy to forge. The card will show the resident's first and last name, date and country of birth, citizenship, gender, eye color, height, date and port of entry into Canada, immigration category, and the resident's signature under the resident's photo. Thus, the card will replace the documents that residents need for their stay in Canada and for leaving it. The information that is usually contained in a passport will be duplicated (and protected from viewing in a certain way) on the optical strip of the new card. In case of loss or theft of the card, a duplicate will be issued.
TEMPORARY WORKERS
To strengthen Canada's competitiveness in the immigration market, as well as to stimulate economic development, the Ministry of Immigration proposes: - Introduce a visa issuance program for temporary workers that is more focused on the development of the labor market in Canada. - Change the system for assessing the capabilities of candidates for a work visa so that more attention is paid to final economic results rather than the momentary interests of some employers. - Oblige employers to inform the Ministry of Human Resources about expected vacancies in their businesses. Take a more responsible approach to hiring foreign labor to avoid infringing on the interests of Canadians. - Take into account the need to hire temporary workers when developing a particular sector of the economy (for example, the emergence of a shortage of certain specialists simultaneously in several enterprises or firms in a situation of rapid growth of a given industrial sector), when developing new technologies in industry, or in an unfavorable demographic situation. - Ensure the timely use of the list of shortage occupations in individual sectors of industry and in individual regions.
PROCEDURE FOR DECLARING PERSONS INADMISSIBLE TO CANADA
Under the new legislation, it is proposed to group the reasons for which a decision may be made to refuse entry into the country into 8 categories. - Security. - Violation of human rights. - Crimes. - Organized crime. - Health. - Financial reasons. - Provision of false information. - Non-compliance with requirements.
In addition, some categories of reasons in Bill 31 are expanded. For example, under the category of 'organized crime', entry into Canada may be denied to persons involved in the illegal smuggling of potential refugees, as well as persons who are proven to be involved in money laundering.
Under the category of 'provision of false information', the following addition is introduced: a person who has provided false information cannot enter Canada for two subsequent years.
REHABILITATION
To simplify the process of issuing entry visas to persons with a criminal record, it is proposed: - Define two categories of persons who have served their criminal sentences. The first category includes persons convicted in their country of residence of crimes for which the punishment under Canadian law is less than 10 years, and at least 10 years must have passed since the sentence was served. The second category includes persons convicted of two or more minor offenses committed in Canada or abroad, and at least 5 years must have passed since the last sentence was served. - Consider these categories of persons rehabilitated and on this basis not refuse them entry to Canada.
Exception to the provision on refusal of entry due to excessive expenses.
To speed up the process of family reunification, it is proposed to make an exception to the provision on refusal of entry for persons whose residence in Canada would become a burden on the Canadian social system. The exception will primarily apply to refugees and their dependents, as well as spouses and children entering under the 'family sponsorship' category.
LOSS OF STATUS AND DEPORTATION FROM THE COUNTRY
To avoid situations where the deportation of foreign nationals may threaten their lives, it is proposed to: - Determine the circumstances under which the Minister of Immigration may suspend the removal of foreign nationals from Canada. - Establish criteria for assessing the situation in the foreign national's country of residence (armed conflicts, natural disasters, and other factors posing a danger to residing in that country). - Do not deport foreign nationals who are in the process of judicial proceedings and awaiting a Federal Court decision on their appeal. This provision does not apply to persons against whom a deportation order has been made due to committed crimes or lack of grounds for refugee status. - Provide a two-year deferral of deportation for final consideration of appeals by the Refugee Appeal Division.
If a foreign national files an application for protection at the time of deportation, risk factors must be additionally assessed.
Under current legislation, a removal order (refusal of refugee status) must be executed within seven days. The new bill extends this period to 15 days. During this period, foreign nationals are given the opportunity to file an appeal with the Federal Court.
APPEAL SYSTEM
The new Immigration Act introduces a new rule regarding the filing of appeals by foreign nationals. For example, if previously a person holding a visitor visa was denied entry to Canada, he could appeal to the Immigration Appeal Division. Now, in such cases, appeals will not be considered. Reasons for denial of entry may include concealment of a criminal past, involvement in organized criminal groups, or committing crimes against humanity. Sponsors of such persons will also not have the right to file any kind of appeal, including appeals regarding the provision of false information. The latter provision excludes the inability of sponsors to file an appeal if it concerns members of his family.
Furthermore, appeals from Canadian residents holding Returning Resident Permits will not be considered. However, this rule cannot be considered discriminatory because it is due to the fact that the introduction of the Permanent Resident Card eliminates the Returning Resident Permit.
The new legislation will retain the possibility of a full judicial review in cases where a resident appeals the revocation of his residency status. An additional condition will be added allowing a resident who is outside Canada to also file an appeal. In addition, when considering appeals, the interests of children, if any, of the appellants will be taken into account.
Recently, requests for reconsideration of appeals upon the emergence of new evidence or testimony have increased. Because such requests were sometimes submitted merely to delay removal from the country, it was decided to limit reconsideration of appeals. Reconsideration will be allowed only if it is proven that the Commission violated principles of fair consideration and that the appellant is in Canada.
PROTECTION OF INFORMATION
A special section of the bill introduces special rules protecting information related to national security or the security of individuals. Compliance with these rules does not involve interference by any official if it entails a breach of state security or personal freedom.
GENERAL PROVISIONS
Section 10 of the bill discusses clauses regulating such general matters as loans and social insurance cards. These provisions, reflecting changes, have no legal force and are proposed for discussion by interested parties and all citizens of Canada.
Translation by Elena SOKOLOVA.