Part IIFinal RegulationVolume 158, Number 4Published: February 14, 2024
Automatic cancellation of certain immigration documents
Regulations Amending the Immigration and Refugee Protection Regulations: SOR/2024-11
Final regulations require that eTAs, TRVs and TRPs be automatically cancelled in the government case‑management system when a removal order is issued against the holder. The change, implemented in GCMS, took effect on 2024-03-15 and keeps existing rules for work and study permit cancellation when a removal order becomes enforceable.
- Published
- February 14, 2024
- Department
- Unavailable
- Section
- Regulations Amending the Immigration and Refugee Protection Regulations
- Comment deadline
- Unavailable
- Effective date
- March 15, 2024
- Publication part
- Part II
Summary
Summary#
The final rule titled Regulations Amending the Immigration and Refugee Protection Regulations requires that some immigration documents be automatically cancelled when a removal order is issued. The change, implemented in the government’s case-management system (GCMS), took effect on March 15, 2024.
What it does#
- Automatically cancels the holder’s electronic travel authorization (eTA), temporary resident visa (TRV) and temporary resident permit (TRP) when a removal order is issued.
- Keeps the existing automatic cancellation of work permits and study permits when a removal order becomes enforceable (those cancellations were not newly added in this rule).
- Adds a new part (labelled Division 5) with specific rules recorded as section 243.1 and section 243.2 in the Regulations.
- Relies on the Global Case Management System (GCMS) to carry out cancellations automatically when a removal order is entered.
- Retains discretionary powers so officers can still cancel documents in other situations and allows reversals in case of system or administrative errors.
Who's affected#
- Foreign nationals who hold eTAs, TRVs, or TRPs and who are subject to a removal order.
- Staff at Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC), because their case-management work will change.
- Refugee claimants: in 2018, about 28,000 removal orders were issued against holders of these documents, and 92% of those were issued against refugee claimants.
- Certain vulnerable people (for example, victims of human trafficking or family violence). The rule includes extra operational steps: CBSA must consult IRCC before seeking a removal order in some TRP cases so a new TRP can be considered.
- Small businesses are not expected to be affected.
Why it matters#
- It makes cancellations faster and more consistent by removing the need for manual entries. The government estimates net benefits of $4.24 million over 10 years from reduced manual work.
- The IT work to enable this in GCMS already cost $749,000 (these were treated as sunk costs).
- The change should save government staff over 14,300 person-hours per year, based on an average of 30 minutes previously needed to cancel a document manually.
- For the public, it means that when a removal order is issued, a person’s travel or temporary-resident documents will be cancelled automatically — which reduces the chance those documents can be used while the person is inadmissible.
- The rule does not change the legal grounds for inadmissibility, a person’s access to refugee processes, or their right to seek judicial review. It also does not automatically strip work or study permissions at the time a removal order is issued (those remain tied to enforceability and were not added by this amendment).
Key topics
Immigration and Refugee Protection RegulationsIRPRImmigration and Refugee Protection ActIRPAGlobal Case Management SystemGCMSelectronic travel authorizationeTAtemporary resident visaTRVtemporary resident permitTRPCanada Border Services AgencyImmigration, Refugees and Citizenship Canadaremoval order
Source: Canada Gazette