Cancellation of Temporary Immigration Documents

Summary#

This is a proposed rule by Immigration, Refugees and Citizenship Canada (IRCC) called Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents). It would add clearer and more consistent reasons to cancel temporary travel and immigration documents (eTAs, temporary resident visas, work and study permits). The proposal was published June 15, 2024 and is open for comments for 30 days (to July 15, 2024) — it is not law yet.

What it does#

• Adds specific reasons that can make someone ineligible for an electronic travel authorization (eTA), including if:

  • an officer has reasonable grounds to believe the holder will not leave Canada when authorized;
  • the holder was refused a work or study permit or a renewal; or
  • the passport or travel document was abandoned.

• Allows an officer to cancel an eTA when it was issued because of an administrative error.

• Automatically cancels an eTA if:

  • the holder becomes a permanent resident;
  • the passport or travel document is lost, stolen, or destroyed; or
  • the holder is deceased.

• Allows an officer to cancel a temporary resident visa (TRV) for reasons such as inadmissibility, no longer meeting visa requirements, issuance of a temporary resident permit, reasonable belief the person will not leave, refusal of other permits or visas, being subject to a negative declaration, or administrative error.

• Automatically cancels a TRV if:

  • the holder becomes a permanent resident;
  • the passport or travel document is lost, stolen, destroyed, or abandoned; or
  • the holder is deceased.

• Lets an officer cancel work permits and study permits if they were issued by administrative error. Those permits would automatically be cancelled if the holder becomes a permanent resident or is deceased. The rules about when those permits become invalid are updated to reflect these reasons.

• Clarifies that these additions do not remove or limit any other existing lawful powers to cancel visas or documents.

• Estimates and projected impacts included in the proposal:

  • about 6,000 additional cancellations over 10 years;
  • transition costs estimated at $710,779 (present value);
  • ongoing costs to IRCC of $1,727,996 (present value) and to CBSA of $1,907,510 (present value);
  • total estimated cost $4,346,285 (present value over 10 years).

Who's affected#

• Travellers who need an eTA or temporary resident visa. Cancellations can happen before travel or after entry.
• People with work permits and study permits, especially if those documents were issued in error or if the holder becomes a permanent resident or dies.
• Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA) staff, who would apply the new rules and absorb the operational costs.
• Airlines, which may see more “no board” messages when travel documents are cancelled before a flight.
• The proposal says Indigenous peoples and Canadian small businesses would not be affected.

Why it matters#

• In practice, the rules would make it clearer when travel or permit documents can be cancelled. That can stop people who are no longer eligible from boarding flights or entering Canada.
• For travellers this can mean sudden travel disruption, waiting for replacement documents, having a cancellation record on your IRCC account, or having to leave Canada if found inadmissible.
• For government agencies it means extra cancellations, some one-time update costs and ongoing monitoring costs — estimated at $4,346,285 PV over 10 years.
• The proposal aims to make Canada’s approach more consistent with other countries and to give officers clearer tools to protect border and public safety.
• This is a proposal, not a final rule. Interested people could comment for 30 days after publication (published June 15, 2024, so comments were due by July 15, 2024).