Immigration Document Cancellation Rules

Summary#

The Canada Gazette published proposed amendments to the Immigration and Refugee Protection Regulations on June 15, 2024. The changes would spell out when electronic travel authorizations (eTAs), temporary resident visas (TRVs), work permits and study permits can be cancelled, and would make some cancellations automatic in specific cases. This is a proposal open for comment for 30 days and is not law yet.

What it does#

• Creates clearer, consistent grounds for cancelling travel and temporary-resident documents (eTAs, TRVs, work and study permits).
• For electronic travel authorizations (eTAs):
  • Makes someone ineligible for an eTA if an officer has reasonable grounds to believe they will not leave Canada, they were refused a work or study permit, or their passport/travel document was abandoned.
  • Allows an officer to cancel an eTA issued because of an administrative error.
  • Automatically cancels an eTA if the holder becomes a permanent resident, the passport is lost/stolen/destroyed, or the holder is deceased.
• For temporary resident visas (TRVs):
  • Allows cancellation if the holder is inadmissible, no longer met the visa requirements when issued, was later issued a temporary resident permit, is believed unlikely to leave Canada, was later refused other travel/permit documents, is subject to certain negative declarations, or if the visa was issued in error.
  • Automatically cancels a TRV if the holder becomes a permanent resident, the passport is lost/stolen/destroyed/abandoned, or the holder is deceased.
• For work permits and study permits:
  • Allows cancellation where the document was issued in error.
  • Automatically cancels the permit if the holder becomes a permanent resident or dies.
  • Updates the rules that say when a work or study permit becomes invalid (for example, on cancellation for error, death, or becoming a permanent resident).
• Adds a clarifying rule that these changes do not remove any other lawful authority to cancel documents.
• The federal departments involved would update operational guidance and IT systems before the rules take effect. The proposal says the amendments would come into force on registration if adopted.

Who's affected#

• Travellers who hold or apply for eTAs, temporary resident visas (TRVs), work permits, or study permits. They could face more clearly defined cancellation reasons and some new automatic cancellations.
• Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). The departments expect extra processing and monitoring work and will update guidance and systems.
• Airlines and other carriers. Some passengers may receive “no board” messages if a document is cancelled before travel.
• The proposal says it would not affect Indigenous peoples and that no public consultations were held before prepublication (though the air industry and some tourism groups were notified).

Why it matters#

• The changes aim to make decisions about cancelling travel and temporary-resident documents more consistent and transparent. That can help prevent people who are inadmissible from travelling to Canada.
• For travellers, this could mean sudden cancellations, refused boarding, refusal of entry at the border, or having to reapply for documents — with possible travel disruption and financial loss.
• For the government, the departments estimate about 6,000 additional cancellations over 10 years and total costs of about $4,346,285 PV over 10 years (including transition costs of $710,779 PV, ongoing IRCC costs of $1,727,996 PV, and ongoing CBSA costs of $1,907,510 PV).
• The proposal aligns Canada’s cancellation authorities more closely with those in countries like Australia, New Zealand, the United Kingdom and the United States, according to the regulatory statement.
• This is a proposed regulation. People or groups who want to comment have 30 days from publication to make representations.