C-45
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-45
An Act to amend the Immigration and Refugee Protection Act
first reading, June 17, 2009
MINISTER OF CITIZENSHIP, IMMIGRATION AND MULTICULTURALISM
90520
SUMMARY
This enactment amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-45
An Act to amend the Immigration and Refugee Protection Act
Preamble
Whereas Parliament recognizes the importance of protecting vulnerable foreign nationals who come to work in Canada from exploitation and abuse;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2001, c. 27
IMMIGRATION AND REFUGEE PROTECTION ACT
1. Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:
Explanatory NotesImmigration and Refugee Protection Act
Clause 1: Relevant portion of subsection 3(1):
3. (1) The objectives of this Act with respect to immigration are
... 
(h) to protect the health and safety of Canadians and to maintain the security of Canadian society;
Notes explicativesLoi sur l’immigration et la protection des réfugiés
Article 1 : Texte du passage visé du paragraphe 3(1) :
3. (1) En matière d’immigration, la présente loi a pour objet :
[...] 
h) de protéger la santé des Canadiens et de garantir leur sécurité;
(h) to protect public health and safety and to maintain the security of Canadian society;
2. Section 30 of the Act is amended by adding the following after subsection (1):
Clause 2: New.
Article 2 : Nouveau.
Authorization
(1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.
Instructions
(1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.
Concurrence of second officer
(1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.
Purpose
(1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
Publication
(1.5) The instructions shall be published in the Canada Gazette.
Application
(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada, including those that were filed before that day and for which a final decision has not been made.
Revocation
(1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.
3. Subsection 94(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after that paragraph:
Clause 3: Relevant portion of subsection 94(2):
(2) The report shall include a description of
Article 3 : Texte du passage visé du paragraphe 94(2) :
(2) Le rapport précise notamment :
(e.1) any instructions given under subsection 30(1.2) during the year in question and the date of their publication; and
COMING INTO FORCE
Order in council
4. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada