Conclusive Findings of Fact in Organized Criminality Inadmissibility Determinations (SOR/2022-198)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateSeptember 27, 2022

CategoryEnforcement

Policy toolEnforcement

Policy effect

Added section 16.1 to the Immigration and Refugee Protection Regulations to establish that findings of fact made by Canadian criminal courts in specific organized crime prosecutions or sentencing decisions under the Criminal Code are conclusive findings of fact in immigration inadmissibility determinations under paragraphs 37(1)(a) and (b) of the IRPA, binding IRCC, CBSA, and IRB decision-makers. Phase scope: Single-phase

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… a, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendment 1 The Immigration and Refugee Protection Regulations footnote 1 are amended by adding the following after section 16: Application of paragraphs 37(1)(a) and (b) of the Act 16.1 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 37(1)(a) or (b) of the Act, if either of the following decisions has been rendered, the findings of fact set out in that decision shall … be considered as conclusive findings of fact: (a) a decision by a Canadian court under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code concerning the foreign national or permanent resident; or (b) a sentencing decision by a Canadian court concerning the foreign national or permanent resident, made in accordance with the principle set out under subparagraph 718.2(a)(iv) of the Criminal Code. Coming into Force 2 These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues The …

Canada GazetteCanada Gazette, Part II, Volume 156, Number 21: Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2022-198Open official source

Retrieved from https://gazette.gc.ca/rp-pr/p2/2022/2022-10-12/html/sor-dors198-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-4c8106fab111fcb26b76. Something wrong? Flag this record.

Conclusive Findings of Fact in Organized Criminality Inadmissibility Determinations (SOR/2022-198)

Policy effect

Official source excerpt

Review method

Other Canada changes operative in 2022