Cancellation of Temporary Resident Documents

Summary#

This is a proposed rule called Regulations Amending the Immigration and Refugee Protection Regulations (Cancellation of Immigration Documents) that would give immigration officers clearer and more consistent grounds to cancel temporary travel and immigration documents. The proposal was published on June 15, 2024 and the public can comment within 30 days; it is not law yet.

What it does#

• Creates clear, specific reasons an officer may cancel or that automatically cancel an electronic travel authorization (eTA), including:

  • officer believes the holder will not leave Canada when authorized to do so;
  • holder was refused a work or study permit (or renewal);
  • passport or travel document was abandoned;
  • automatic cancellation if the holder becomes a permanent resident, the passport is lost/stolen/destroyed, or the holder dies;
  • allows cancellation if the eTA was issued in error.

• Creates clear reasons an officer may cancel or that automatically cancel a temporary resident visa (TRV), including:

  • officer finds the holder inadmissible or ineligible;
  • holder was later issued a temporary resident permit or refused another permit/visa;
  • officer believes the holder will not leave as authorized;
  • automatic cancellation if the holder becomes a permanent resident, loses/stops using the passport, abandons the passport, or dies;
  • allows cancellation if the TRV was issued in error.

• Updates rules for work permits and study permits:

  • an officer may cancel if the permit was issued by administrative error;
  • automatic cancellation if the holder becomes a permanent resident or dies;
  • clarifies that the permit is invalid when cancelled for those reasons.

• Adds a general clarification that these changes do not limit any other lawful powers to cancel visas or travel documents.

• Administrative and operational notes:

  • IRCC and the Canada Border Services Agency (CBSA) would update guidance and systems before the rules come into force.
  • The proposed regulations would come into force on the day they are registered.

Who's affected#

• Foreign nationals who travel to Canada or hold temporary documents:
  • people who use an eTA, TRV, work permit, or study permit.
• Operational staff and programs at Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA), who would apply the new rules and update systems.
• Airlines and travellers at airports may see some extra “no board” or entry-refusal situations.
• The government estimates about 6,000 additional cancellations over 10 years, and associated administrative costs to IRCC and CBSA estimated at $4,346,285 (present value) over that period (broken down as $710,779 PV transition costs, $1,727,996 PV IRCC ongoing costs, and $1,907,510 PV CBSA ongoing costs).
• The government says Canadian small businesses would not be affected. The source says Indigenous and treaty rights are not affected.

Why it matters#

• For travellers: you could have an eTA, TRV, work permit, or study permit cancelled more quickly if new information shows you’re no longer eligible, if the document was issued in error, or in certain other situations. That can mean denied boarding, refusal at the border, needing to wait for a new document, or financial loss from missed travel.
• For border and immigration officials: clearer rules are intended to make decisions faster and more consistent, and to improve program integrity and security.
• For the public and government: the change aims to better manage who can enter and stay temporarily in Canada, and to align Canada’s powers with those of other countries.
• This is a proposed change, not yet law; interested people could comment during the stated 30‑day period after publication on June 15, 2024.