Changes to Ministerial Relief Application Rules

Summary#

The federal government published the Regulations Amending the Immigration and Refugee Protection Regulations as a proposal on April 20, 2024. It would tighten rules for applications for “ministerial relief” (an exemption from serious inadmissibility) and allow comments for 30 days after publication.

What it does#

• Requires an MR application and its supporting documents to be sent to a specific address shown on the Canada Border Services Agency website or form.
• Says a person whose MR was refused and who is subject to an enforceable removal order can only reapply after the removal is enforced (or if failure to remove is not their fault).
• Lets CBSA close a pending MR application if the applicant fails to meet required reporting conditions and does not report within 90 days (unless the missed reporting was beyond their control).
• Allows closing a pending application when a new inadmissibility finding is made; the person would need to file a new MR application that covers all inadmissibilities.
• Allows closing a pending application if a later inadmissibility is found for which MR cannot be granted (for example, complicity in war crimes).
• Requires the applicant’s personal, dated signature (ink or electronic) to confirm they want to proceed with their MR application; the existing 60‑day response timeline remains.
• Combines and cleans up form and information rules in one place and makes minor technical edits.

Who's affected#

• People most directly affected are foreign nationals who are inadmissible on grounds of security, organized criminality, or certain human or international rights violations and who seek ministerial relief.
• Their lawyers or representatives and staff at the Canada Border Services Agency will also notice procedural changes.
• The rules do not apply to Convention refugees or persons in need of protection in situations where removal is stayed.
• If it is unclear who is affected in a specific case, the CBSA guidance and the MR form would be the place to check.

Why it matters#

• The changes aim to reduce work on inactive or misdirected files and to focus resources on cases where applicants are reachable and cooperating. That could speed processing for active cases.
• Closing inactive files and limiting repeat applications while a removal order is enforceable is intended to protect public safety and reduce costs. The government estimates the 2017 per-application processing cost (adjusted to 2023) at about $33,214 to $35,158, so avoiding processing inactive files could save resources.
• For applicants, these rules mean more risk that a pending MR file is closed if they cannot be contacted, miss reporting, or face new inadmissibility findings — and they may need to start over.
• Stakeholder feedback led to some changes (for example extending the post-miss-reporting “grace period” to 90 days and allowing exceptions when missed reporting was beyond the applicant’s control).