Summary#

This bill (S-8) amends Canada’s immigration law to create a clear, separate ground to bar people from Canada if they are under sanctions. It expands who can be barred to include people and entities sanctioned under Canadian law or under international sanctions that Canada supports. It also changes related rules on detention, appeals, family members, citizenship, and removal orders.

• Creates a distinct “sanctions” inadmissibility (new section 35.1) covering sanctions on countries, entities, and persons, including under the Special Economic Measures Act and the Magnitsky law (new s.35.1(1)(a)-(c)).
• Ends the bar when the sanction ends (new s.35.1(2)).
• Lets the Minister of Public Safety issue a removal order for sanctions-based inadmissibility, rather than the Immigration Division (Regulations; bill summary; IRPR s.228(1)(f)).
• Removes access to some relief and appeals for people inadmissible on sanctions grounds (IRPA ss.25, 25.1, 64(1)).
• Extends certain consequences to family members and to protected persons seeking permanent residence (IRPA ss.21(2), 42(2)).
• Updates the Citizenship Act and Emergencies Act to align with the new sanctions inadmissibility (Citizenship Act s.10.1(4); Emergencies Act clause 30(1)(h)(iii)(A)).

What it means for you#

• Households and individuals

  • If you are under Canadian sanctions or certain international sanctions Canada supports, you are inadmissible (barred from entering or staying) in Canada. This applies to sanctions on states, entities, or specific people (new IRPA s.35.1(1)(a)-(c)).
  • If the sanction against you ends, the inadmissibility ends (new IRPA s.35.1(2)).
  • You cannot use humanitarian and compassionate (H&C) requests to overcome sanctions-based inadmissibility for permanent residence (IRPA ss.25(1), 25.1(1)).
  • If you were accepted as a protected person (refugee protection), you cannot become a permanent resident if you are inadmissible for sanctions (IRPA s.21(2)).
  • You have no appeal to the Immigration Appeal Division if found inadmissible on sanctions grounds (IRPA s.64(1)).
  • Immigration officers may arrest or detain you if they reasonably suspect sanctions-based inadmissibility (IRPA ss.55(3)(b), 58(1)(c)).

• Families and sponsors

  • Family inadmissibility rules are updated to include the new sanctions ground. Certain family members can be found inadmissible if the principal person is inadmissible for sanctions, especially if accompanying (IRPA s.42(2)(a)-(b)).
  • There is no ministerial “national interest” relief for sanctions inadmissibility. That relief remains limited to security (s.34), certain human/international rights violations (s.35(1)(b)), and organized criminality (s.37(1)) (IRPA s.42.1(1)-(2); IRPR s.24.1(1)).

• Visitors, students, and workers

  • Visa or permit applications will be refused if you are on a covered sanctions list at the time of decision (new IRPA s.35.1(1)(a)-(c)).
  • If a sanction is lifted while your application is pending, the specific bar ends (new IRPA s.35.1(2)).

• Permanent residents and citizens

  • A removal order for sanctions inadmissibility can be issued by the Minister of Public Safety under the Regulations, not the Immigration Division, in defined cases (bill summary; IRPR s.228(1)(f)).
  • In citizenship revocation cases that involve misrepresentation tied to the new sanctions inadmissibility, the existing proof rule now applies (minister must prove the misrepresentation, not the underlying conduct). The change adds s.35.1 to the list (Citizenship Act s.10.1(4)).

• Employers, schools, event organizers

  • If you plan to invite, hire, host, or partner with a foreign national under a covered sanction, that person will be refused entry or removed (new IRPA s.35.1(1)(a)-(c); IRPR s.228(1)(f)).

• Timing

  • The new sanctions inadmissibility applies on Royal Assent. It also applies to sanctions already in effect on that day, as long as those sanctions are still in force then (Transitional Provision).

Expenses#

Estimated net cost: Data unavailable.

• No explicit appropriations or new fees are created in the bill text (Bill text throughout).
• Administrative and enforcement costs, if any, are not stated. Data unavailable.
• No official fiscal note identified. Data unavailable.

Proponents' View#

• Closes gaps by covering person- and entity-based sanctions, not just country sanctions, aligning immigration bars with Canada’s sanctions regimes, including SEMA and the Magnitsky law (new IRPA s.35.1(1)(a)-(c)).
• Provides clear off-ramp: inadmissibility ends when the sanction ends, which ties immigration consequences directly to current sanctions status (new IRPA s.35.1(2)).
• Speeds enforcement by allowing the Minister of Public Safety to issue a removal order for sanctions inadmissibility, reducing reliance on Immigration Division proceedings (bill summary; IRPR s.228(1)(f)). Assumes quicker case resolution.
• Harmonizes related laws so consequences are consistent across immigration detention, appeal limits, family inadmissibility, and citizenship revocation standards (IRPA ss.42, 55, 58, 64; Citizenship Act s.10.1(4)). Assumes improved clarity for officials and courts.
• Ensures existing sanctions lists have immediate effect on inadmissibility at Royal Assent (Transitional Provision). Assumes better alignment with foreign policy.

Opponents' View#

• Concentrates decision-making by shifting removal order authority to the Minister of Public Safety and eliminating IAD appeals for sanctions inadmissibility (IRPR s.228(1)(f); IRPA s.64(1)). Assumes higher risk of error without the same level of independent review.
• Limits discretionary relief by excluding sanctions inadmissibility from H&C and from the ministerial “national interest” relief pathway (IRPA ss.25, 25.1, 42.1; IRPR s.24.1(1)). Assumes harsher outcomes in exceptional cases.
• Extends consequences to certain family members via updated family inadmissibility rules (IRPA s.42(2)), which can lead to family separation when a principal is sanctioned. Assumes wide application depending on “accompanying” status.
• Ties immigration outcomes to external sanctions that can change quickly, including those made by international bodies Canada supports (new IRPA s.35.1(1)(a)). Assumes potential uncertainty for applicants as lists update.
• Implementation and enforcement may require added resources for screening, detention, and removals, but no cost estimates are provided (Data unavailable). Assumes administrative burden without quantified funding.