Backgrounder - Proposed discretionary authority under IRPA

The Minister of Citizenship and Immigration already has discretionary legislative authority under the Immigration and Refugee Protection Act (IRPA) to permit an individual, who would otherwise be inadmissible, to enter Canada. This helps ensure that the Government of Canada is able to take into account that each application to enter Canada represents a unique situation. However, there is no authority for the Minister to deny work permits to those who would otherwise be entitled.

Under the proposed amendments to IRPA, the Minister of Citizenship and Immigration could issue written instructions to immigration officers, giving them the authority to deny work permits to applicants who are vulnerable, including strippers. The instructions would be based on clear public policy objectives and evidence that outlines the risk of exploitation they face.

The written instructions could help identify, for example, individuals who would be vulnerable to humiliating and degrading treatment, including sexual exploitation. These could include strippers, low-skilled labourers as well as potential victims of human trafficking. Immigration officers would make their decisions on a case-by-case basis. Each application for a permit would be assessed on its own merits.

The Minister’s written instructions to officials will need to satisfy certain conditions. For example, the instructions will aim to prevent permit applicants from entering into situations that could lead to humiliating or degrading treatment. The instructions need to be based on clear evidence of risk, support the objectives of the Act, and conform with the Charter. 

Ensuring proper accountability

The proposed amendments include a high level of accountability. All instructions issued by the Minister need to be based on evidence. They must also meet clear public policy objectives that are linked to the objectives of IRPA. In addition, any decision by an immigration officer to refuse a work permit in Canada will require approval by a second officer.

All ministerial instructions issued under the new authority are to be published in the Canada Gazette. In addition, all the ministerial instructions issued under this authority need to be reported in the Annual Report to Parliament on Immigration.