The New Border Agency and its Impact on Security Certificates

posted on January 08, 2004 | in Category Canada's Immigration Policy | PermaLink

Original author: unknown
Source: Canadian Council for Refugees Listserv
Date: January 8, 2004

To: ICLMG members and friends

Below are the orders in council by which certain parts of CIC are transferred to the new Border Agency and the responsibility for decisions relating to those aspects to Anne McLellan (Solicitor General, styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness). This means that decisions on enforcement related matters (e.g. decisions on countries with a temporary stay of removals) are made by Anne McLellan, not Judy Sgro.

One of the effects of this is that the security certificate used to be signed by 2 Ministers (Citizenship and Immigration and Solicitor General, IRPA 77(1)), but it now seems that only one Minister will sign it, since the 2 roles are combined.
2003-2063 2003-12-12

Public Service Rearrangement and Transfer of Duties Act Transfer of portions of the Department of Citizenship and Immigration to the Canada Border Services Agency, effective December 12, 2003.

Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 2(a) of the Public Service Rearrangement and Transfer of Duties Act, hereby

(a) transfers to the Canada Border Services Agency,

effective December 12, 2003, the control and supervision of the following portions of the public service in the Department of Citizenship and Immigration:

(i) that portion of the International Region performing intelligence and interdiction functions overseas on a full-time basis,

(ii) that portion of the Departmental Delivery Network Branch responsible for the Immigration Warrant Response Centre,

(iii) the Vancouver Enforcement Office and the Intelligence Unit, Vancouver,

(iv) the Enforcement Directorate, Toronto,

(v) the Enforcement Directorate, Montreal and the Intelligence Unit, Montreal, and

(vi) those portions of the offices in Canada, other than ports of entry, that deal on a full-time basis with enforcement (removals, detention, investigations, pre-removal risk assessments, hearings, appeals, interventions and war crimes) and intelligence; and

(b) for greater certainty, transfers from the Minister of Citizenship and Immigration to the Solicitor General of Canada to be styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, effective December 12, 2003, the powers, duties and functions of the Minister in subsection 77(1) of the Immigration and Refugee Protection Act to sign the certificate referred to in that subsection.

2003-2061 2003-12-12 PMO Public Service Rearrangement and Transfer of Duties Act Transfer from the Minister of Citizenship and Immigration to the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness of the control and supervision of the portion of the public service known as the CANADA BORDER SERVICES AGENCY, effective December 12, 2003.

Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 2(a) of the Public Service Rearrangement and Transfer of Duties Act, hereby transfers from the Minister of Citizenship and Immigration to the Solicitor General of Canada to be styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness the control and supervision of the portion of the public service known as the Canada Border Services Agency over which the Solicitor General of Canada to be styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness shall preside, effective December 12, 2003.


2003-2059 2003-12-12 PMO Financial Administration Act Order Amending SCHEDULE I.1 to the FINANCIAL ADMINISTRATION ACT by adding the Canada Border Services Agency and the Minister of Citizenship and Immigration as its appropriate Minister, effective December 12, 2003.

Whereas the Governor in Council considers it appropriate that the Intelligence and Enforcement Operations Branch of the Department of Citizenship and Immigration, be added to Schedule I.1 to the Financial Administration Act as a department for the purposes of that Act, to be known as the Canada Border Services Agency;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, pursuant to paragraph 3(1)(a) of the Financial Administration Act, hereby makes the annexed Order Amending Schedule I.1 to the Financial Administration Act.

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