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Delegation

Designation and Delegation by the Minister of Public Safety and Emergency Preparedness under the Immigration and Refugee Protection Act and Immigration And Refugee Protection Regulations – Amendment

Pursuant to subsection 6(1) of the Immigration and Refugee Protection Act, the designations of persons authorized to act as officers under the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations are hereby amended in accordance with the attached Schedule.

Pursuant to subsection 6(2) of the Immigration and Refugee Protection Act, the delegations to persons authorized to exercise the powers, duties, or functions of the Minister of Public Safety and Emergency Preparedness under the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations are hereby amended in accordance with the attached Schedule.

This document amends the “Delegations and Designations under the responsibility of the Minister of Public Safety and Emergency Preparedness” instrument dated March 25, 2011.

Dated at Ottawa, Province of Ontario, this …… day of ………………, 2012.

 

Vic Toews
Minister
Public Safety and Emergency Preparedness

Schedule

Item Act and/or Regulations Reference Section Description of Power Delegates / Designated Officials

133.

A58(1)(c)

Delegated authority - Inquire into a reasonable suspicion that the permanent resident or the foreign national detained is inadmissible on grounds of security, or for violating human or international rights, serious criminality, criminality or organized criminality

CBSA:

Domestic Regions:

  • Border Services Officer
  • Hearings Advisor
  • Hearings Advisor (PM-01)
  • Hearings Officer
  • Inland Enforcement Officer
  • Intelligence Officer
  • Regional Program Officer

National Headquarters:

  • Manager, National Security Screening Division, Enforcement and Intelligence Operations Directorate, Operations Branch

134.

A58(1)(d)

Delegated authority - Form an opinion whether the identity of the foreign national – other than a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question - may be established.

 

CBSA:

Domestic Regions:

  • Manager, Detention Operations
  • Manager, Regional Programs
  • Chief of Operations
  • Director, Enforcement
  • Director, Enforcement and Intelligence
  • Director, Intelligence
  • District Director

173.

A55(3.1)(a)

Designated authority – Detain, on their entry into Canada, a foreign national who is designated as a designated foreign national pursuant to subsection 20.1(1).

 

CBSA:

Domestic Regions:

  • Border Services Officer
  • Inland Enforcement Officer
  • Intelligence Officer
  • Investigator
  • Regional Program Officer

174.

A55(3.1)(b)

Designated authority – Arrest and detain without a warrant a foreign national who, after their entry into Canada, becomes a designated foreign national pursuant to subsection 20.1(1).

 

CBSA:

Domestic Regions:

  • Border Services Officer
  • Hearings Officer
  • Inland Enforcement Officer
  • Intelligence Analyst
  • Intelligence Officer
  • Investigator
  • Regional Program Officer

Peace Officers as defined in the Criminal code

175.

A55(3.1)(b)

Designated authority – Issue a warrant for the arrest and detention of a foreign national who, after their entry into Canada, becomes a designated foreign national pursuant to subsection 20.1(1).

 

CBSA:

Domestic Regions:

  • Border Services Officer
  • Hearings Advisor (PM-01)
  • Hearings Advisor
  • Hearings Officer
  • Inland Enforcement Officer
  • Intelligence Officer
  • Regional Program Officer
  • Manager, Regional Programs
  • Chief of Operations
  • Superintendent
  • Supervisor, Inland Enforcement

National Headquarters:

  • Manager, National Security Screening Division, Enforcement and Intelligence Operations Directorate, Operations Branch
  • Manager, Inland Enforcement Division, Post-Border Programs Directorate, Programs Branch

176.

 

A57.1(3)

 

Designated authority – Bring a designated foreign national before the Immigration Division for a detention review.

CBSA:

Domestic Regions:

  • Border Services Officer
  • Hearings Officer
  • Inland Enforcement Officer
  • Intelligence Officer
  • Investigator
  • Regional Program Officer

Security Guards contracted by the CBSA

177.

A58(1)(e)

Delegated authority - Form the opinion that the identity of the foreign national who is a designated foreign national and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question has not been established.

CBSA:

Domestic Regions:

  • Manager, Detention Operations
  • Manager, Regional Programs
  • Chief of Operations
  • Director, Enforcement
  • Director, Enforcement and Intelligence
  • Director, Intelligence
  • District Director

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