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Version of document from 2006-03-22 to 2015-06-30:

Order Setting Out the Respective Responsibilities of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness Under the Act

SI/2005-120

IMMIGRATION AND REFUGEE PROTECTION ACT

Registration 2005-12-14

Order Setting Out the Respective Responsibilities of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness Under the Act

P.C. 2005-2042 2005-11-21

Whereas, subsections 4(1) and (2) of the Immigration and Refugee Protection Act (“the Act”) provide that both the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness have responsibility for the administration of that Act;

And whereas subsection 4(3) of the Act provides that subject to subsections 4(1) and (2), the Governor in Council may specify which Minister shall be the Minister for the purposes of any provision of the Act and that both Ministers, in specified circumstances, may be the Minister for the purposes of any provision of the Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 4(3) of the Act hereby specifies that

  • (a) the Minister of Public Safety and Emergency Preparedness is the Minister for the purposes of subsections 15(3) and 16(3), sections 23, 44 and 50, subsection 52(2), sections 55 to 59, subsection 63(5), paragraphs 78(e) and (f), subsections 82(1), 84(1), 109(1) and 138(1), sections 139, 140, 142, 144 and 148 and paragraphs 170(c) to (f) and 173(b) of the Act;

  • (b) the Minister of Citizenship and Immigration is the Minister for the purposes of subsection 77(1), subsection 99(3), section 100, subsection 101(2), sections 103 and 104, subsection 108(2), sections 112 to 114 and subsections 115(1) and (2) of the Act; and

  • (c) the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness may be the Minister for the purposes of the following provisions of the Act in the following circumstances, namely,

    • (i) each Minister is the Minister for the purposes of sections 86 and 87, subsection 138(2), sections 141, 146 and 147 and paragraphs 169(d) and (e) of the Act, in respect of those matters for which the Minister is responsible under subsection 4(1) or (2) of the Act and under this Order,

    • (ii) the Minister of Public Safety and Emergency Preparedness is the Minister for the purposes of subsections 15(1) and (4) and 16(1) in relation to matters for which that Minister is responsible under paragraph 4(2) of the Act and under this Order and, in all other circumstances, the Minister of Citizenship and Immigration is the Minister for the purposes of those provisions,

    • (iii) the Minister of Public Safety and Emergency Preparedness is the Minister for the purposes of sections 19, 21 and 22 of the Act in relation to matters for which that Minister is responsible under paragraph 4(2)(a), and in all other circumstances, the Minister of Citizenship and Immigration is the Minister for the purposes of those provisions,

    • (iv) the Minister of Citizenship and Immigration is the Minister for the purposes of sections 79 and 80 of the Act in relation to decisions on applications for protection under subsection 112(1) of the Act and, in all other circumstances, the Minister of Public Safety and Emergency Preparedness is the Minister for the purposes of those provisions,

    • (v) the Minister of Citizenship and Immigration is the Minister for the purposes of subsection 167(1) of the Act as it relates to the matters described in subsections 63(1) and (4) of the Act and, in all other circumstances, the Minister of Public Safety and Emergency Preparedness is the Minister for the purposes of that provision, and

    • (vi) each Minister is the Minister for the purposes of those provisions of the Act that relate to laying proposed regulations before Parliament, the designation of officers, the delegation of powers, entering into agreements and consulting with provinces, in respect of those matters for which the Minister is responsible under subsection 4(1) or (2) of the Act and under this Order,

effective on the coming into force of the Canada Border Services Agency Act.


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