Act Respecting Immigration to Canada and the Granting of Refugee Protection to Persons Who Are Displaced, Persecuted or in Danger (Bill C-31)

SUMMARY

This enactment replaces the Immigration Act, providing clearer, modern legislation to ensure that Canada's immigration and refugee protection system is able to respond to present challenges and opportunities. The enactment provides for

(a) objectives that reflect the values of Canadian society;

(b) effective reporting to Parliament through a complete, consolidated annual report;

(c)     agreements that facilitate cooperation with governments of provinces and foreign states;

(d) a description of the major classes of foreign nationals - the economic, family, Convention refugees overseas, Convention refugees in Canada, persons in need of protection and humanitarian classes;

(e)     recognition of Canada's commitment to the principle of the "best interest of the child";

(f) clear, objective residency requirements for permanent residents;

(g) a strong, effective refugee protection system that allows for decision-making on protection grounds including the Geneva Convention and the Convention Against Torture and on grounds of risk to life or of cruel and unusual treatment or punishment;

(h) a more efficient refugee determination process through greater use of single member panels;

(i)  a Refugee Appeal Division within the Immigration and Refugee Board to enhance rigour, fairness and consistency in decision-making;

(j)     ineligibility of foreign nationals who are serious criminals, security threats and repeat claimants to the refugee protection process of the Immigration and Refugee Board;

(k)     formalization of a pre-removal risk assessment to review changed circumstances related to risk of return;

(l)     inadmissibility provisions for foreign nationals who are criminals, security threats, violators of human rights or who should not be allowed into Canada because of fraud and misrepresentation or for health or financial reasons;

(m)     clear detention criteria with authority to further clarify detention grounds in regulations;

(n) a security certificate process and an admissibility hearing to deal effectively with threats to security;

(o) offences for human smuggling and trafficking with a maximum penalty of life in prison;

(p) penalties for assisting in obtaining immigration status through fraud or misrepresentation; and

(q) an immigration appeal system that enhances integrity and effectiveness while maintaining fairness and legal safeguards.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1.         Short title

This Act may be cited as the Immigration and Refugee Protection Act.

INTERPRETATION

2.            Definitions

(1) The definitions in this subsection apply in this Act.

"Board" means the Immigration and Refugee Board and consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division.

"Convention Against Torture" means the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule.

"foreign national" means a person who is not a Canadian citizen, and includes a stateless person.

"prescribed" means prescribed by regulations made by the Governor in Council.

"Refugee Convention" means the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951, and the Protocol to that Convention, signed at New York City on January 31, 1967. Sections E and F of Article 1 of the Refugee Convention are set out in the schedule.

(2) Unless otherwise indicated, references in this Act to "this Act" include regulations made under it.

OBJECTIVES AND APPLICATION

3.            Objectives - immigration

(1) The objectives of this Act with respect to immigration are

(a) to permit Canada to pursue the maximum social, cultural and economic benefits of immigration;

(b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal and bilingual character of Canada;

(c) to support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;

(d) to see that families are reunited;

(e) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society;

(f) to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces;

(g) to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;

(i)  to promote international justice and security by denying access to Canadian territory to foreign nationals who are criminals or security risks.

(2) The objectives of this Act with respect to refugees are

(a) to recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted;

(b) to fulfil Canada's international legal obligations with respect to refugees and affirm our commitment to international efforts to provide assistance to those in need of resettlement;

(c) to grant, as a fundamental expression of Canada's humanitarian ideals, fair consideration to those who come to Canada claiming persecution;

(d) to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment;

(e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada's respect for the human rights and fundamental freedoms of all human beings;

(f) to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members;

(g) to protect the health and safety of Canadians and to maintain the security of Canadian society; and

(h) to promote international justice and security by denying access to Canadian territory to foreign nationals, including refugee claimants, who are serious criminals or security risks.

(3) This Act is to be construed and applied in a manner that

(a)          furthers the domestic and international interests of Canada;

(b)          promotes accountability and transparency by enhancing public awareness of immigration and refugee programs;

(c)          facilitates cooperation between the Government of Canada, provincial governments, foreign states, international organizations and non-governmental organizations; and

(d)          ensures that any person seeking admission to Canada is subject to standards, policies and procedures consistent with the Canadian Charter of Rights and Freedoms.

ENABLING AUTHORITY

4.            Minister

The Minister responsible for the administration of this Act is the member of the Queen's Privy Council who is designated as such by the Governor in Council.

5.            Regulations

Except as otherwise provided, the Governor in Council may make all regulations referred to in this Act, and may make any other regulations that the Governor in council considers necessary to carry out the objectives of this Act.

6.            Designated officers

(1) The Minister may designate persons or classes of persons as designated officers to carry out any purpose of the provisions of this Act and shall specify the powers and duties of designated officers.

(2) Anything that may be done by the Minister under this Act may be done by a person that the Minister authorizes in writing, without proof of the authenticity of the authorization. However, the Minister may not delegate any powers provided for in subsection 30(2) or 31(2) or paragraph 33(2)(a) (Minister's opinion) or in section 71 (signing of certificate) or 73 (Minister's opinion) or paragraph 107(4)(b) (protection) or 108(2)(b) (non-removal).

AGREEMENTS WITH GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS

7.            International agreements

The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of a foreign state or with an international organization for the purposes of this Act.

8.            Federal-provincial agreements

(1) The Minister, with the approval of the Governor in Council, may enter into an agreement with the government of any province for the purposes of this Act, the Minister must publish, once a year, a list of the federal-provincial agreements that are in force.

(2) Subject to subsection (3) but despite the other provisions of this Act, the selection of foreign nationals, sponsorship and authorizations for foreign nationals to enter and remain in Canada under this Act, and any regulations that are made with respect to those matters, must be consistent with the federal-provincial agreements.

(3)     Subsection (2) is not to be construed to limit the application of any provision of this Act concerning inadmissibility to Canada.

9.         Sole provincial responsibility permanent residents

(1) The following rules apply in respect of a foreign national who is member of a class for which a province has sole selection responsibility under a federal-provincial agreement and who intends to reside in that province as a permanent resident, unless the agreement provides otherwise:

(a) the foreign national, unless inadmissible under this Act, is to be authorized to enter and remain in Canada as a permanent resident if the foreign national meets the selection criteria of the province;

(b) the foreign national is not to be authorized to enter and remain in Canada as a permanent resident if the foreign national does not meet the selection criteria of the province or, in the case of an authorization under subsection 22(1), without the consent of the province;

(c) an authorization for the foreign national to enter and remain in Canada as a permanent resident under this Act is subject to the provisions of the law of the province governing

(i)  the number of foreign nationals who may settle in the province as permanent residents, whether that number is an estimate or a maximum, and

(ii) the distribution of the number among classes of foreign nationals; and

(d)          conditions that may be attached, in accordance with the law of the province, to an authorization for the foreign national to enter and remain in Canada as a permanent resident have the same force and effect as if they were made under this Act,

(2) If a federal-provincial agreement gives a province sole responsibility to establish and apply financial criteria with respect to undertakings that sponsors living in that province may make in order to allow a foreign national to enter an d remain as a permanent resident, then, unless the agreement provides otherwise, the existence of a right of appeal under wise, the existence of a right of appeal under the law of that province respecting rejections by provincial officials of applications for sponsorship, for reasons of failing to meet financial criteria or to comply with a prior undertaking, prevents the sponsor, except on humanitarian and compassionate grounds, from appealing under this Act against a refusal, based on those reasons, to issue a visa or to authorize the foreign national to enter and remain in Canada as a permanent resident.

10.            Consultations with the provinces

(1) The Minister may consult with the governments of the provinces on immigration and refugee protection polices and programs, in order to facilitate cooperation and to take into consideration the effects that the implementation of this Act may have on the provinces.

(2) The Minister must consult with the governments of the provinces respecting the number of foreign nationals in each class to whom it is planned to grant permanent resident status each year, their distribution in Canada taking into account regional economic and demographic requirements, and the measures to be undertaken to facilitate their integration into Canadian society.

PART I          IMMIGRATION TO CANADA

DIVISION 1            REQUIREMENTS BEFORE ENTERING CANADA AND SELECTION

Requirements Before Entering Canada

11.            Applications before entering Canada

(1) A foreign national must, before entering Canada, apply to a designated officer for a visa or for any other document required by the regulations. The visa or document shall be issued if, following an examination, the designated officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

(2) The designated officer may not issue a visa or other document to a foreign national whose sponsor does not meet the sponsorship requirements of this Act.

Selection of Permanent Residents

12.            Economic immigration

(1) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.

(2) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child or other prescribed family member of a Canadian citizen or permanent resident.

(3) A foreign national may be selected as a member of the Convention refugees overseas class, the humanitarian class, the Convention refugees in Canada class and the persons in need of protection class, taking into account Canada's humanitarian tradition with respect to the displaced and the persecuted. "Convention refugee" has the meaning assigned to it in section 89. "Person in need of protection" has the meaning assigned to it in section 90.

Sponsorship of foreign nationals

13.       Right to sponsor family member

(1) A Canadian citizen or permanent resident may sponsor a foreign national who is a member of the family class to enter and remain in Canada.

(2) A group of Canadian citizens or permanent residents, a corporation incorporated by or under an Act of Parliament or of the legislature of a province or an unincorporated organization or association under federal or provincial law, or a combination of any of those persons or entities, may, subject to the regulations, sponsor a foreign national who is a member of the Convention refugees overseas class or of the humanitarian class to enter and remain in Canada.

(3) An undertaking relating to sponsorship is binding on the person who gives it.

(4) A designated officer shall implement the regulations on sponsorship referred to in paragraph 14(2)(e) in accordance with any instructions that the Minister may make.

Regulations

14.            Regulations

(1)     Regulations may be made to provide for any matter relating to the application of this Division and to define the terms used in this Division.

(2)     Regulations may be made prescribing classes of foreign nationals and respecting any matter relating to each class, including the classes referred to in section 12. The regulations may include provisions respecting

(a)          selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating all or some of those criteria and the circumstances in which a designated officer may substitute for those criteria their evaluation of the likelihood of a foreign national's ability to become economically established in Canada;

(b)          applications for visas and other documents and their issuance or refusal, with respect to foreign nationals and their dependents;

(c) the number of applications that may be accepted, processed or approved in a year, and the number of visas and other documents that may be issued, and the measures to be taken when that number is exceeded;

(d)          conditions that may or must be imposed either individually or by class;

(e)          sponsors' undertakings and penalties for failure to comply with them; and

(f)          deposits or guarantees of the performance of obligations under this Act that are to be given by any person to the Minister.

(3)     Regulations may be made with respect to matters referred to in paragraph (2)(a) and any other matter for which a recommendation to the Minister or a decision may or shall be made by a designated person, institution or organization with respect to a foreign national or sponsor.

DIVISION 2            EXAMINATION

15.            Examination by designated officer

(1) A designated officer is authorized to proceed with the examination described in subsection (2) when a person makes an application to the officer in accordance with this Act or if the officer believes that a foreign national may be inadmissible.

(2) The designated officer shall examine

(a)          whether a person, on entering Canada, is a Canadian citizen within the meaning of the Citizenship Act or a person registered as an Indian under the Indian Act;

(b)          whether a foreign national

(i)  on entering Canada, has permanent resident status, and

(ii) at any time, is inadmissible;

(c)          whether a foreign national other than a permanent resident

(i)     prior to entering Canada, met the requirements of this Act or the selection criteria that are applicable to the foreign national,

(ii) on entering Canada, possesses the visa or other documents required under this Act, and

(iii)     at any time, is inadmissible; and

(d)          whether a sponsor meets the sponsorship requirements of this Act.

(3) The person being examined must answer truthfully all questions put to them for the purpose of the examination, must produce a visa and all relevant evidence and documents that the designated officer reasonably requires and, in the case of a person referred to in paragraph (2)(c), submit to a medical examination on request.

(4) The designated officer shall conduct the examination in accordance with any instructions that the Minister may give.

16.            Rights of designated officers

A designated officer may board and inspect any means of transportation bringing persons to Canada, examine any person carried by that means of transportation and any record or document respecting that person, seize and remove the record or document to obtain copies or extracts of it and hold the means of transportation until the inspection and examination are completed.

17.            Regulations

Regulations may be made to provide for any matter relating to the application of this division, and may include provisions respecting the conduct of examinations.

DIVISION 3            ENTERING AND REMAINING IN CANADA

Entering and Remaining

18.            Examination by immigration officer

Every person seeking to enter Canada must appear for an examination to determine whether that person may be authorized to enter and remain in Canada.

19.       Right to enter and remain - citizens and Indians

(1) Every Canadian citizen within the meaning of the Citizenship Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and a designated officer shall allow them to enter Canada if satisfied that the person is a citizen or registered Indian.

(2) A designated officer shall allow a permanent resident to enter Canada if satisfied following an examination on their entry that the person has permanent resident status and meets the requirements of this Act.

Authorization to Enter and Remain

20.            Granting permanent residence

(1) A designated officer shall authorize a foreign national who holds a visa or other required document to enter and remain in Canada as a permanent resident if satisfied following an examination that the foreign national is not inadmissible, meets the requirements of this Act and has come to Canada in order to establish permanent residence.

(2) A designated officer shall authorize a foreign national who holds a visa or other required document to enter and remain in Canada as a temporary resident if satisfied following an examination that the foreign national is not inadmissible, meets the requirements of this Act, and will leave Canada by the end of the authorized period unless otherwise authorized under this Part.

(3) A designated officer may authorize a person to enter Canada for the purpose of an examination under this Part.

(4) An intention by a foreign national to become a permanent resident does not preclude them from being authorized to enter and remain in Canada as a temporary resident if the designated officer is satisfied that they will leave Canada no later than by the end of the authorized period.

21.            Permit to enter and remain temporarily

(1) A designated officer, if of the opinion that it is justified in the circumstances, may issue a permit to enter or remain in Canada on a temporary basis to a foreign national whom the officer believes to be inadmissible or to otherwise not meet the requirements of this Act. However, the permit may be cancelled at any time.

(2) In applying subsection (1), the designated officer shall act in accordance with any instructions that the Minister may make.

22.            Humanitarian and compassionate considerations

(1) The Minister may, in the Minister's discretion, examine the circumstances concerning a foreign national who is inadmissible or who otherwise does not meet the requirements of this act, and authorize the foreign national to enter or remain in Canada as a permanent resident if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national or by public policy considerations.

(2) In making a decision under subsection (1), the Minister must take into account the best interests of a child directly affected by the decision.

23.            Regulations

Regulations may be made to provide for any matter relating to the application of sections 18 to 22, and may include provisions respecting entering and remaining in Canada. They may also include provisions respecting

(a)     applications to enter and remain in Canada and their approval or refusal;

(b) re-entry to Canada;

(c) the circumstances in which all or part of the considerations referred to in sections 21 and 22 may apply;

(d)     conditions that a designated officer may, or is required to, impose, individually or by class, with respect to entering and remaining in Canada; and

(e) deposits or guarantees of the performance of obligations under this Act that are to be given to the Minister.

Rights and Obligations of Permanent and Temporary Residents

24.       Right of permanent residents

(1) A permanent resident of Canada has the right to enter and remain in Canada, subject to the provisions of this Act.

(2) A permanent resident must be physically present in Canada for at least 730 days in each five-year period after being authorized to enter and remain in Canada, and must comply with any conditions attached to the authorization and with any requirements under this Act.

(3) A person who is outside Canada is deemed to be physically present in Canada on a day that the person is

(a)          accompanying a Canadian citizen who is their spouse or common-low partner or, in the case of a minor child, their parent;

(b)          employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or

(c)          accompanying a permanent resident who is their spouse or common-law partner or, in the case of a minor child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

25.       Right of temporary residents

(1) A temporary resident is, subject to the provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a permit-holder under section 21.

(2) A temporary resident must comply with any conditions attached to their authorization to enter and remain in Canada and with any requirements under this Act, must leave Canada before the end of the period authorized for their stay, and may re-enter Canada only if their authorization provides for re-entry.

26.       Work and study in Canada

(1) A foreign national, other than a permanent resident, may not work or study in Canada unless authorized to do so under this Act.

(2) A minor child in Canada does not require an authorization to study at the pre-school, primary or secondary level. However, the minor child of a temporary resident requires the authorization if the temporary resident is not authorized to work or study in Canada.

Proof of Residence

27.            Permanent resident or temporary resident card

(1) A permanent resident is to be provided with a document that is proof of that status, and a temporary resident may be provided with a document that is proof of that status.

(2) Unless a designated officer determines otherwise

(a) a document referred to in subsection (1) is proof of status so long as it is valid; and

(b) a foreign national who is outside Canada and who does not present a valid document proving status is presumed not to be a permanent resident or a temporary resident.

Regulations

28            Regulations

Regulations may be made to provide for any matter relating to the application of sections 24 to 27, and may define the terms used in those sections. The regulations may include provisions respecting

(a) classes of temporary residents, such as those for students and workers;

(b) selection criteria for each class of foreign national and for their dependants, and the procedures for evaluating all or some of those criteria;

(c) anything referred to in paragraph (b) for which a decision or recommendation may or shall be made to the Minister by a designated person, institution or organization;

(d) the conditions that must or may be imposed, individually or by class, including conditions that may be attached to authorizations to study or work in Canada;

(e) physical presence in Canada, the circumstances in which a foreign national is deemed to be physically present and the means of calculating periods of physical presence; and

(f) the circumstances in which proof of status may or shall be issued, renewed or revoked.

DIVISION 4            INADMISSIBILITY

29.       Rules of interpretation

The matters referred to in sections 30 to 33 that constitute inadmissibility are those for which unless otherwise provided, there are reasonable grounds to believe that they have occurred, are occurring or may occur, and include omissions.

30.            Security

(1) A foreign national is inadmissible on security grounds for

(a)          engaging in espionage or an act of subversion against a democratic government, institution or process as they are under stood in Canada;

(b)          engaging in or instigating the subversion by force of any government;

(c)          engaging in terrorism;

(d) being a danger to the security of Canada;

(e)          engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).

(2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.

31.            Human rights violations

(1) A foreign national is inadmissible on grounds of violating human rights for

(a)          committing an act outside Canada that constitutes a war crime or a crime against humanity within the meaning of subsection 7(3.76) of the Criminal Code that, if committed in Canada, would constitute an offence against the laws of Canada in force at the time of the act;

(b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations or war crimes or crimes against humanity within the meaning of subsection 7(3.76) of the Criminal Code; or

(c) being a representative of a government against which Canada has imposed or has agreed to impose sanctions in association with the international community.

(2)     Paragraphs (1)(b) and (c) do not apply in the case of a foreign national who satisfies the Minister that the foreign national's presence in Canada would not be detrimental to the national interest.

32.            Serious criminality

(1) A foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament that may be punished by an maximum term of imprisonment of at least 10 years; or

(c)          committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years,

(2) For the purposes of Part 2, but not for the purpose of granting permanent resident status, a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years and for which a sentence of at least two years was imposed; or

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.

(3) A foreign national who is not a permanent resident is inadmissible on grounds of criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament that may be punished by way of indictment, or of two offences under an Act of Parliament not arising out of a single occurrence;

(b) having been convicted outside Canada

(i)  of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or

(ii) of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c)          committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; and

(d)          committing, on entering Canada, a prescribed offence under an Act of Parliament.

(4) The following rules apply for the purposes of this section;

(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

(b) a conviction does not constitute grounds for inadmissibility after a final acquittal or after a pardon is granted under the Criminal Records Act;

(c) the matters referred to in paragraphs (1)(b) and (c), (2)(b), and (3)(b) and (c) do not constitute inadmissibility in respect of a foreign national who, after the prescribed period, satisfies the Minister that the foreign national has been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;

(d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities;

(e) an offence that is designated as a contravention under the meaning of the Contraventions Act is not an offence for the purpose of subsections (1) to (3); and

(f) an offence under an Act of Parliament for which a foreign national has been convicted under the Young Offenders Act does not constitute the inadmissibility of the foreign national.

33.            Organized crime

(1) A foreign national is inadmissible on grounds of organized criminality for

(a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or

(b)          engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.

(2) For the purposes of this Act, the following rules apply with respect to a determination of inadmissibility under this section;

(a)          subsection (1) does not apply in the case of a foreign national who satisfies the Minister that it would not be detrimental to the national interest for the foreign national to enter and remain in Canada; and

(b)          paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the foreign national entered Canada with the assistance of a person who is involved in organized criminal activity.

34.            Health grounds

A foreign national, other than a permanent resident, is inadmissible on health grounds if their health condition

(a) is likely to be a danger to public health;

(b) is likely to be a danger to public safety; or

(c) might reasonably be expected to cause excessive demand on health or social services.

35.            Financial reasons

A foreign national, other than a permanent resident, is inadmissible for financial reasons if the foreign national is or will be unable or unwilling to support himself or herself or any other person who is dependent on them, and has not satisfied a designated officer that adequate arrangements for care and support, other than those that involve social assistance have been made.

36.            Misrepresentation

(1) A foreign national is inadmissible for misrepresentation

(a) for directly or indirectly making a material misrepresentation or withholding information on a relevant matter that induces or could induce an error in the administration of this Act;

(b) if the foreign national was sponsored by a person who is determined to be inadmissible for misrepresentation, and the Minister is satisfied that the facts of the case justify the inadmissibility of the foreign national; or

(c) if refugee protection is finally determined to be vacated in accordance with section 104.

(2) The foreign national continues to be inadmissible for a period of two years following a final determination of inadmissibility under subsection (1).

37.       Non-compliance with Act

(1) A foreign national is inadmissible for failing to comply with this Act if the foreign national, through an act or omission, contravenes, directly or indirectly, a provision of this Act. However, a permanent resident is only inadmissible for failing to comply with subsection 24(2).

(2) A foreign national, other than a permanent resident, is inadmissible if their accompanying dependant or, in prescribed circumstances, their non-accompanying dependant is inadmissible or if the foreign national is an accompanying dependant of an inadmissible person.

38.            Regulations

Regulations may be made to provide for any matter relating to the application of this Division and to define any of the terms used in it. The regulations may include provisions respecting the circumstances in which a class of foreign nationals is exempted from any of the provisions of this Division.

DIVISION 5            LOSS OF STATUS AND REMOVAL

Report on Inadmissibility

39.            Preparation of report

(1) A designated officer who believes that a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts. The designated officer shall transmit the report to the Minister.

(2) If the Minister considers the report to be well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing or make a removal order against the foreign national, if such an order is authorized by the regulations.

Admissibility Hearing by the Immigration Division

40            Decision

The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions. It shall

(a) recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship Act, a person registered as a Indian under the Indian Act or a foreign national who has permanent resident status;

(b) authorize a foreign national to remain in Canada as a permanent resident or temporary resident if it is satisfied that the foreign national meets the requirements of this Act.

(c) authorize the entry into Canada of a foreign national, with or without conditions, for further examination; or

(d) if a foreign national is inadmissible, make the applicable removal order against the foreign national.

End of Status

41.       End of permanent resident status

A person ceases to be a permanent resident when they become a Canadian citizen.

42.       Loss of permanent resident status

(1) A person loses permanent resident status

(a) on a final decision that the person has not met the requirements of section 24, a designated officer having determined that humanitarian and compassionate considerations, taking into account the best interests of a child directly affected by the determination, do not justify the retention of permanent resident status;

(b) when an order for the removal of the person from Canada is enforceable; or

(c) when the person's refugee protection is finally determined to be vacated in accordance with section 104.

(2) A foreign national loses temporary resident status

(a) at the end of the period for which the temporary resident is authorized to remain in Canada;

(b) on a determination by a designated officer or the Immigration Division that the foreign national has failed to comply with a requirement on which their status depends, or with a requirement of this Act; or

(c) when a permit issued to the temporary resident under section 21 is cancelled.

When and How Removal Orders are Enforced

43.       When order may be enforced

(1) Subject to subsection (2), a removal order is enforceable if there is no right to appeal the order. If there is a right to appeal, the order is enforceable on the expiry of any appeal period if no appeal is taken or, if the order is upheld on appeal, after the final decision on the appeal.

(2) A removal order made with respect to a refugee protection claimant is conditional and becomes enforceable

(a) seven days after the claim is determined to be ineligible to be referred to the Refugee Protection Division, except that a removal order is immediately enforceable for an ineligible claim described in paragraph 95(1)(e); or

(b) 15 days after notification of a determination by the Refugee Protection Division or, if an appeal is made, by the Refugee Appeal Division that the claim has been withdrawn, abandoned or rejected.

44.            Enforcement of order

(1) Subject to subsection (2), a removal order must be enforced as soon as is reasonably practicable.

(2) A removal order is stayed if, in a judicial proceeding at which the Minister shall be given the opportunity to make submissions, a decision is made that is inconsistent with the enforcement of the order.

(3) The Minister may, subject to the regulations, temporarily stay the enforcement of removal orders that would result in the return of foreign nationals to countries that the Minister may designate.

45.            Removal order void where grant of permanent residence

A removal order that has not been enforced against a foreign national becomes void if and when the foreign national is granted permanent resident status.

46.       Effect of the Criminal Records Act

(1) A removal order that was made against a permanent resident only on the ground of criminality that has not been enforced expires if and when a pardon is granted under the Criminal Records Act, and in that case their permanent resident status is restored.

(2)     Permanent resident status is not restored to a foreign national referred to in subsection (1) who left Canada after the removal order was made.

Effect of a Removal Order

47.       Effect

A person against whom a removal order is enforceable shall not remain in Canada temporarily or permanently and, without the prescribed authorization, shall not return to Canada.

48.            Return to Canada

A foreign national who was removed from or who left Canada as a result of a removal order that could not be appealed and who, in a subsequent judicial review, had the removal order set aside, is entitled to return to Canada at the expense of the Minister.

Regulations

49.            Regulations

Regulations may be made to provide for any matter relating to the application of this Division, and may include provisions respecting

(a) the circumstances in which an authorization for a foreign national to enter and remain in Canada is subject to conditions, and specifying those conditions, and the circumstances in which a removal order shall be made or confirmed against a foreign national;

(b) the conditions that apply to the termination and reinstatement of status, and the circumstances in which discretion may be exercised not to terminate status;

(c) the conditions under which removal orders may be enforced or stayed, and with respect to stays that are not expressly provided for by this Act; and

(d) the circumstances in which foreign nationals may be authorized to return to Canada, and the financial obligations that may be imposed with respect to removal orders.

DIVISION 6            DETENTION AND RELEASE

50.       Port of entry detention

A foreign national, on entry into Canada, may be detained if a designated officer

(a) considers it necessary to complete an examination that is adjourned or for the purpose of an admissibility hearing before the Immigration Division; or

(b) has reasonable grounds to suspect that the foreign national is inadmissible on grounds of security or for violating human rights.

51.            Warrant for arrest

(1) A designated officer may issue a warrant for the arrest and detention of a foreign national whom the officer has reasonable grounds to believe is inadmissible and

(a) poses a danger to the public; or

(b) is unlikely to appear for any procedure under this Act.

(2) A designated officer may, without a warrant, arrest and detain a foreign national

(a) whom the officer has reasonable grounds to believe to be inadmissible and

(i)  a danger to the public, or

(ii)     unlikely to appear for removal from Canada or at a proceeding to determine whether the foreign national to inadmissible, or

(b) who does not establish their identity for the purpose of any procedure under this Act.

(3) A foreign national who is a permanent resident or on whom refugee protection has been conferred under this Act is not subject to arrest under paragraph (2)(b).

52.            Release from detention

(1) A designated officer may order the release from detention of a foreign national before the first detention of a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist.

(2) Within 48 hours after a foreign national is taken into detention, or without delay afterward, the foreign national must be brought before the Immigration Division for a review of the reasons for the continued detention.

(3) The foreign national shall be again brought before the Immigration Division at least once during the seven days following the review under subsection (2), and at least once during each 30-day period following each previous review, for a preview of the reasons for the continued detention.

53.            Grounds for release

(1) The Immigration Division shall order the release of a foreign national if it is satisfied that reasons for the detention no longer exist or if, taking into account prescribed factors, release is justified.

(2) The Immigration Division may order the continuation of the detention of a foreign national who is suspected of being inadmissible on grounds of security or for violating human rights if it is satisfied that

(a) the Minister is taking necessary steps to inquire into those grounds; or

(b) the foreign national is a danger to the public or is unlikely to appear for removal from Canada or at a proceeding to determine whether the foreign national is inadmissible.

(3) Except if there are other reasons to justify continued detention, the Immigration Division shall order the release of a foreign national who was detained for failure to provide identification if it is established that

(a) the foreign national has reasonably cooperated with the Minister by providing relevant information for the purpose of establishing the foreign national identity and

(i)  the identity has been established, or

(ii) it is not possible to establish the identity despite the reasonable efforts of the Minister; or

(b) the Minister has not made reasonable efforts to establish the identity of the foreign national.

(4) On application by the Minister, the Immigration Division may order a foreign national who was released to be retaken into custody and held in detention if it is satisfied that the foreign national poses a danger to the public or will not appear for an examination, admissibility hearing or removal.

54.            Incarcerated foreign nationals

If a warrant has been issued under section 51 with respect to an foreign national who is detained in an institution, the person in charge of the institution shall deliver the inmate to a designated officer at the end of their period of detention.

55.            Regulations

Regulations may be made providing for the application of this Division, and may include provisions respecting

(a)     conditions that may be imposed on, and grounds for and criteria with respect to, the release of persons from detention;

(b) factors to be considered by a designated officer or the Immigration Division for the purposes of section 51 and 53; and

(c) special considerations that may apply in relation to the detention of minor children;

DIVISION 7            RIGHT OF APPEAL

56.       Right of appeal

(1) A person who has filed an undertaking in the prescribed manner to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the visa required by the foreign national in order to enter and remain in Canada as a permanent resident.

(2) A foreign national who holds a valid permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order.

(3) A permanent resident or foreign national who has been protected as a refugee under this Act may appeal to the Immigration Appeal Division against a decision to make a removal order.

(4) A foreign national may appeal to the Immigration Appeal Division against a decision that they failed to meet the requirements of section 24 and that humanitarian and compassionate considerations do not justify their retention of permanent resident status.

57.            Grounds of appeal

An appeal under section 56 may be based on a question of law, of factor of mixed law and fact, or on humanitarian and compassionate considerations.

58.            Appeal

(1) An appeal under subsection 56(1) or (2) respecting an application based on membership in the family class may not be heard on humanitarian and compassionate considerations unless the Immigration Appeal Division has decided that the foreign national is a member of the family class and the foreign national's sponsor is a sponsor within the meaning of the regulations.

(2) Despite paragraph 161(1)(a), the Immigration Appeal Division shall proceed in the appeal based only on the considerations referred to in subsection 56(4) without a hearing, shall base its decision on the record of the decision by the designated officer, and may accept written submissions.

59.       No appeal

(1) No appeal may be made to the Immigration Appeal Division of a decision referred to in section 56 by the foreign national or their sponsor if the foreign national has been found to be inadmissible on considerations of security, violating human rights, serious criminality or organized criminality.

(2) No appeal may be made to the Immigration Appeal Division of a decision referred to in subsection 56(1) that was based on a finding of inadmissibility on the ground of misrepresentation, except in respect of a sponsor's spouse, common-law partner or child.

(3) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least two years.

60.            Appeal by Minister

The Minister may appeal a decision of the Immigration Division in an admissibility hearing based on a question of law, of fact or of mixed law and fact.

61.            Disposition of appeals

(1) The Immigration Appeal Division may allow an appeal of a decision if satisfied

(a) in the case of an appeal based on a question of law or fact or mixed law and fact, that the decision is wrong when the appeal is disposed of or that a principle of natural justice has not been observed; or

(b) in the case of an appeal based on humanitarian and compassionate considerations, that sufficient humanitarian and compassionate considerations exist at the time that the appeal is disposed of that, in light of all the circumstances of the case, warrant special relief.

(2) In making a decision, the Immigration Appeal Division must take into account the best interests of a child directly affected by it.

(3) If the Immigration Appeal Division allows an appeal, the decision that was appealed against is quashed and

(a) in the case of a decision referred to in subsection 56(1) or (2), the Division shall send the matter back for reconsideration; or

(b) in the case of a decision referred to in subsection 56(3) or (4) or section 60, the Division shall substitute the decision that it is satisfied ought to be made and may make the applicable removal order.

(4) The Immigration Appeal Division may also dismiss the appeal or

(a) order a stay of a removal order that was issued against a foreign national, attaching the prescribed conditions, if any, and any other conditions that it considers necessary; or

(b) cancel a stay of a removal order, on application or on its own initiative, and

(i)     dismiss the appeal and confirm the removal order, or

(ii)     allow the appeal and quash the removal order.

62.            Decision binding

A designated officer, in examining a foreign national, must apply a decision of the Immigration Appeal Division to allow an appeal under subsection 56(1) or (2) in respect of the foreign national.

63.            Examination suspended

If the Minister makes an application for leave to commence an application for judicial review of a decision of the Immigration Appeal Division with respect to a foreign national, an examination of the foreign national under this Act is suspended until the final determination of the application.

64.            Cancellation of stay

The stay of a removal order that was made against a person who was found inadmissible on grounds of criminality or serious criminality is cancelled by operation of law, and the removal order becomes enforceable, if that person is convicted of another offence referred to in subsection 32(1).

65.            Reopening appeal

The Immigration Appeal Division, on application by a foreign national who has not left Canada under a removal order, may reopen an appeal described in section 56 if it is satisfied, based on the record, that it failed to observe a principle of natural justice.

DIVISION 8            JUDICIAL REVIEW

66.            Application for judicial review

(1) Judicial review by the Federal Court with respect to any matter, decision, determination or order made, measure taken or question raised under this Act is commenced by making an application for leave to the Court.

(2) The application may not be made until any right of appeal that may be provided by this Act is exhausted.

(3) An application under this section for leave to commence an application for judicial review is subject to the following rules;

(a) the application shall be filed in the Registry of the Federal Court – Trial Division ("the Court");

(b) notice of the application shall be served on the other party within 15 days after the day on which the applicant is notified of the decision or order or becomes aware of the measure or question;

(c) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice;

(d) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and

(e) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory judgment.

67.       Right of Minister

The Minister may make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, whether or not the Minister took part in the proceedings before the Refugee Protection Division or Refugee Appeal Division.

68.            Judicial review

Judicial review is subject to the following rules:

(a) the judge who granted leave under subsection 66(2) shall fix the day and place for the hearing of the application;

(b) the hearing shall be no sooner that 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day;

(c) the judge shall dispose of the application without delay and in a summary way; and

(d) an appeal to the Federal Court of Appeal may be made only if the judge certifies in rendering judgment that a serious question of general importance is involved and has stated the question.

69.       Rules

(1) Subject to the approval of the governor in Council, the Chief Justice of the Federal Court may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeal. The rules are binding despite any rule or practice that would otherwise apply.

(2) In the event of an inconsistency between this Division and any provision of the Federal Court Act, this Division prevails to the extent of the inconsistency.

DIVISION 9            PROTECTION OF INFORMATION

Examination on Request by the Minister and the Solicitor General

70.            Meaning of "information"

In sections 71 to 81, "information" means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, from the government of a foreign state, from an international organization of states or from an institution of either of them.

71.            Certificate stating risk

(1) The Minister and the Solicitor General of Canada may sign a certificate stating that a foreign national is inadmissible on grounds of security, violating human rights, serious criminality or organized criminality and refer it to the Federal Court – Trial Division which shall determine whether the certificate should be quashed.

(2) When the certificate is referred, any proceeding under this Act in respect of the foreign national to whom the certificate relates shall not be commenced, or if commenced shall be adjourned, until the judge makes the determination.

72.            Judicial consideration of certificate

The following rules apply with respect to the determination:

(a) the Chief Justice, or another judge designated by the Chief Justice, shall hear the matter:

(b) the judge shall ensure the confidentiality of the information on which the certificate is based and of any other evidence that may be provided to the judge if, in the opinion of the judge, its disclosure would be injurious to national security or to the safety of persons;

(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;

(d) the judge shall examine the information and any other evidence in camera within seven days after the application is made;

(e) on the request of the Minister or the Solicitor General of Canada made at any time that they consider necessary during the proceedings, the judge shall hear all or part of the information or evidence in the absence of the foreign national named in the certificate and their counsel if, in the opinion of the judge, its disclosure would be injurious to national security or to the safety of persons;

(f) the information or evidence described in paragraph (e) shall be returned to the Minister and the Solicitor General of Canada and shall not be considered by the judge in deciding whether the certificate is reasonable if either

(i)  the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of the summary, or

(ii) the matter is withdrawn;

(g) the information or evidence described in paragraph (e) shall not be included in the summary but may be considered by the judge in deciding whether the certificate is reasonable if the judge determines that the information or evidence is relevant but that its disclosure would be injurious to national security or to the safety of persons;

(h) the judge shall provide the foreign national with a summary of the information or evidence that enables the foreign national to be reasonably informed of the circumstances giving rise to the certificate, but that does not include anything that in the opinion of the judge would be injurious to national security or to the safety of persons if disclosed;

(i)  the judge shall provide the foreign national with an opportunity to be heard regarding their inadmissibility; and

(j)  the judge may receive into evidence anything that, in the opinion of the judge, is appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.

73.            Suspending proceedings for danger opinion

(1) On the request of the Minister, a judge may suspend a proceeding with respect to a certificate in order for the Minister to consider the matters referred to in subsection 107(4) or 108(2).

(2) The Minister, after taking into account the matters referred to in sections 89 to 91, may form an opinion, on the basis of the nature and severity of acts committed or of danger to the security of Canada or to the public, that it would be contrary to the national interest for the foreign national to remain in Canada. The Minister shall notify the foreign national of that opinion in writing attached to the certificate.

(3) The judge shall resume the proceeding after the Minister files the opinion, shall provide the foreign national with an opportunity to make submissions on the opinion and shall review the opinion of the Minister, taking into account the grounds referred to in subsection 18.1(4) of the Federal Court Act.

74.            Determination that certificate is reasonable

(1) The judge may determine that the certificate and the Minister's opinion, if any, that is attached to it, is reasonable on the basis of the information and evidence available.

(2) The judge shall quash a certificate if the judge is of the opinion that it is not reasonable. If the judge does not quash the certificate but determines that an opinion that is attached to it is not reasonable, the judge shall quash the opinion and suspend the proceeding to allow the Minister to form an opinion under subsection 73(2).

75.       Effect of decision

(1) A certificate that is determined to be reasonable under subsection 74(1) is conclusive proof that the foreign national named in it is inadmissible and is a removal order that may not be appealed against and that may be enforced without the necessity of holding or continuing an admissibility hearing. The foreign national may not make another application for protection.

(2) The decision of the judge is final and may not be appealed or judicially reviewed.

Detention

76.            Detention of permanent resident

(1) The Minister and the Solicitor General of Canada may issue a warrant for the arrest and detention of a permanent resident named in a certificate described in subsection 71(1) if the Ministers have reasonable grounds to believe that the permanent resident is a danger to national security or to the safety of persons or is unlikely to appear at a proceeding or for removal.

(2) A foreign national, other than a permanent resident, who is the subject of an application under subsection 71(1) shall be detained without the issue of a warrant.

77.            Review of decision for detention

(1) Not later than 48 hours after the arrest of a permanent resident under section 76, a judge shall commence a review of the reasons for the continued detention. The rules set out in section 72 apply, with any modifications that the circumstances require, with respect to the review.

(2) A permanent resident must be brought back before a judge at least once in the six-month period following each preceding review and at other times that the judge may authorize.

(3) A judge shall order the detention to be continued if satisfied that the permanent resident continues to be a danger to national security or to the safety of persons, or is unlikely to appear at a proceeding or for removal.

78.            Application for release

(1) A foreign national may apply to the Minister for release from detention to permit the foreign national's departure from Canada, or may apply to the judge to be released if the foreign national has not been removed from Canada within 120 days after the Federal Court determined a certificate to be reasonable.

(2) The judge may order the release from detention of the foreign national under terms and conditions that the judge considers appropriate, if satisfied that the foreign national will not be removed from Canada within a reasonable time and that the release will not pose a danger to national security or to the safety of persons.

79.            Inconsistency

In the case of an inconsistency between sections 76 to 78 and the provisions of Division 6, those sections prevail to the extent of the inconsistency.

Consideration During an Admissibility Hearing or an Immigration Appeal

80.            Protecting information

(1) The Minister may, during an admissibility hearing, a detention review or an appeal before the Immigration Appeal Division, make an application for non-disclosure of information.

(2) The rules set out in section 72 apply, with any modifications that the circumstances require, with respect to the determination of the application, and a reference to "judge" shall be read as a reference to the applicable Division of the Board.

Consideration During Judicial Review

81.       Non-disclosure of information

(1) With respect to any application for judicial review of a decision with respect to a foreign national's detention or inadmissibility on grounds of security, violating human rights, criminality, serious criminality or organized criminality, the Minister may make an application to the judge for the non-disclosure of information.

(2) The rules set out n section 72, apply to the determination of the application, with the modifications that the circumstances require, except the rules relating to the obligation to provide a summary and the time limit referred to in paragraph (d).

DIVISION 10            GENERAL PROVISIONS

Loans

82.       Loans

(1) The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund, up to the maximum amount that is prescribed, sums that the Minister may require in order to make loans for the purpose of this Act.

(2)     Regulations may be made to provide for any matter relating to the application of this section, and may include provisions respecting

(a)          classes of persons to whom the loans may be made; and

(b) the purposes for which the loans may be made.

Social Insurance Number Cards

83.            Minister directs special cards to be issued

The Minister may direct the Canada Employment Insurance Commission continued by the Department of Human Resources Development Act to issue to persons, other than Canadian citizens or permanent residents, Social Insurance Number Cards whereby the holders of such cards are identified as persons who may be required by or under this Act to obtain authorization to engage or continue in employment in Canada.

Material Incorporated in Regulations

84.            Incorporated material

(1) A regulation may incorporate by reference material that is produced

(a) by a person or body other than a person or body authorized under this Act to produce the material;

(b) by the other person or body and that has been adapted in form in order to facilitate its incorporation or that sets out only the parts of the material that apply for the purposes of the regulation;

(c) by a person or body authorized under this Act jointly with another government or government agency for the purpose of harmonizing the regulation with other laws: or

(d) by a person or body authorized under this Act and that is technical or explanatory in nature, such as specifications, classifications, illustrations or graphs, as well as examples that may assist in the application of the regulation.

(2) Material may be incorporated by reference on a specified date or as amended from time to time.

(3) Material does not become a regulation for the purposes of this Act because it is incorporated by reference in a regulation.

85.            Statutory Instruments Act

Any instructions that the Minister may give are not regulations within the meaning of the Statutory Instruments Act.

Report to Parliament

86.            Annual report to Parliament

(1) The Minister must, on or before November 1, or within the next 30 days on which either House of Parliament is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.

(2) The report shall include a description of

(a) the activities and initiatives taken concerning the selection of foreign nationals and the results of entering into federal-provincial agreements, including measures taken in cooperation with the provinces;

(b) the number of foreign nationals who were granted permanent resident status by the Government of Canada and the number that is projected to be granted that status in the following year;

(c) for each province that has entered into a federal-provincial agreement described in subsection 9(1), the numbers, for each class listed in the agreement, that became permanent residents and that the province projects will settle there as permanent residents in the following year;

(d) the number of permits issued under section 21, categorized according to grounds of inadmissibility, if any;

(e) the number of persons authorized under section 22 on humanitarian and compassionate grounds to enter and remain in Canada as permanent residents; and

(f) the number and total amount of any loans or guarantees made by the Minister.

87.            Report of Chairperson

The Minister shall cause a copy of the report of the Chairperson of the Board, referred to in section 159, to be tabled before each House of Parliament within the first 15 days that the House is sitting after the Minister receives the report.

PART 2          REFUGEE PROTECTION

DIVISION 1            REFUGEE PROTECTION, CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION

88.            Conferral of refugee protection

Refugee protection is the protection that is conferred on a foreign national who has been determined under this Act to be a Convention refugee or a person in need of protection or a foreign national who is a member of the humanitarian class.

89.            Definition - "Convention refugee"

A person is a Convention refugee who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail himself or herself of the protection of each of those countries; or

(b) not having a country of nationality, is outside the country of the person's former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

90.            Person in need of protection

(1) A person in need of protection is a foreign national in Canada who is described in subsection (2) or is a member of a class of persons that is prescribed, in accordance with the regulations, to be in need of protection.

(2) A person in need of protection is a foreign national in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if

(i)  the foreign national is unable or, because of that risk, unwilling to avail himself or herself of the protection of that country,

(ii) the risk would be faced by the foreign national in every part of that country and is not faced generally by other individuals in or from that country.

(iii)     the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and

(iv)     the risk is not caused by the inability of that country to provide adequate health or medical care.

91.            Exclusion - Refugee Convention

A person referred to in section E or F of Article 1 of the Refugee Convention is not a Convention refugee or a person in need of protection.

92.       Claim

(1) A claim for refugee protection may be made outside Canada or in Canada.

(2) A application to enter and remain in Canada as a permanent resident that is made by a foreign national outside Canada as a member of the Convention refugees overseas class or the humanitarian class referred to in subsection 12(3) is a claim for refugee protection and is governed by the provisions of Part 1.

(3) A foreign national who is in Canada and who has claimed refugee protection as a Convention refugee or as a person, in need of protection may, if refugee protection is conferred, make an application to remain in Canada as a permanent resident, and is subject to the provisions of Part 1.

DIVISION 2            CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION

Claim for Refugee Protection

93.       Right to claim refugee protection

(1) A foreign national in Canada who is not subject to a removal order may make a claim to a designated officer for refugee protection.

(2) Unless otherwise provided, a foreign national who makes a claim for refugee protection remains subject to Part 1 and the regulations made under that Part.

Examination of Eligibility to Refer Claim.

94.            Referral to Refugee Protection Division

(1) A designated officer shall determine, within the prescribed period, whether a claim for refugee protection is eligible to be referred to the Refugee Protection Division and, if eligible, shall refer to claim in accordance with the rules of the Board.

(2) The designated officer shall suspend consideration of the eligibility of the foreign national's claim if

(a) a report has been referred to the Immigration Division for a determination of whether the foreign national is inadmissible on grounds of security, violating human rights, serious criminality or organized criminality; or

(b) the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.

(3) The Refugee Protection Division has jurisdiction to consider a claim when it is referred by the designated officer. If the designated officer does not refer the claim, it is deemed to be referred at the end of the prescribed period, unless there is a suspension or the designated officer has determined the claim to be ineligible.

(4) The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them. If the claim is referred, the claimant must produce all documents and information as required by the rules of the Board.

95.            Ineligibility

(1) A claim is not eligible to be referred to the Refugee Protection Division if

(a)          refugee protection has already been conferred on, or refused to, the claimant under this Act;

(b) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;

(c) the claimant has been recognized as a Convention refugee by a country other than Canada and can be returned to that country.

(d) the claimant has been determined to be inadmissible on grounds of security, violating human rights, serious criminality or organized criminality; or

(e) the claimant came directly or indirectly to Canada from a prescribed country, other than a country of their nationality or their former habitual residence.

(2)     Regulations may be made for matters relating to the application of sections 94 and this section and, for the purpose of sharing responsibility with governments of foreign states for the consideration of refugee claims, may include provisions

(a)          designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;

(b)          making a list of those countries and amending it as necessary; and

(c)          respecting the circumstances and criteria for the application of paragraph (1)(e).

(3) The following factors are to be considered in designating a country under subsection (2);

(a)          whether the country is a party to the Refugee Convention and to the Convention Against Torture;

(b) its policies and practices with respect to Convention refugee claims and with respect to obligations under the Convention Against Torture;

(c) its human rights record; and

(d)          whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.

(4) The Governor in Council must ensure the continuing review of factors set out in subsection (3) with respect to each designated country.

Suspension or Termination of Consideration of Claim

96.            Hearing suspended

(1) The Refugee Protection Division shall suspend its consideration of a claim for refugee protection on notification by a designated officer that

(a) the officer has referred the matter to the Immigration Division to determine whether the claimant is inadmissible on grounds of security, violating human rights, serious criminality or organized criminality; or

(b) the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.

(2) On notification by a designated officer that the suspended claim was determined

(a) to be ineligible, the Refugee Protection Division shall terminate its consideration of the claim; or

(b) to be eligible, the Division shall continue its consideration of the claim.

97.            Termination

The Refugee Protection Division shall terminate its consideration of a claim on notification by a designated officer that the claim is ineligible on the basis of information that was not brought to the attention of the officer at the time of its referral to the Division.

98.            Misrepresentation

The Refugee Protection Division shall terminate its consideration of a claim on notification by a designated officer that the claim was referred as a result of a direct or indirect material misrepresentation, or withholding of information, relating to a relevant matter and that the claim was not otherwise eligible to be referred to it. Any decision it made in respect of the claim is nullified.

99.            Multiple claims

The Refugee Protection Division shall terminate its consideration of a claim on notification by a designated officer that it is not the first claim that was received by a designated officer. Any decision it may have made, other than a decision on the first claim, is nullified.

Extradition Procedure

100.    If authority to proceed under Extradition Act

(1) The Refugee Protection Division and Refugee Appeal Division shall not commence, or shall suspend, consideration of any matter concerning a foreign national against whom an authority to proceed has been issued under section 15 of the Extradition Act with respect to an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, until the final decision under that Act with respect to the discharge or surrender of the foreign national has been made.

(2) If the foreign national is finally discharged under the Extradition Act, the proceedings of the Division may be commenced or continued as though there had not been any proceedings under that Act.

(3) If the foreign national is ordered surrendered by the Minister of Justice under the Extradition Act and the offence for which the person was committed by the judge under section 29 of that Act is punishable under an Act of Parliament by a maximum term of imprisonment of 10 years or more, the order of surrender is deemed to be a rejection of a claim for refugee protection based on paragraph (b) of Section F of Article 1 of the Refugee Convention.

(4) The deemed rejection referred to in subsection (3) may not be appealed, and is not subject to judicial review except to the extent that a judicial review of the order of surrender is provided for under the Extradition Act.

(5) If the foreign national has not made a claim before the order of surrender referred to in subsection (3), the foreign national may not do so before the surrender.

Claimant Without Identification

101            Credibility

The Refugee Protection Division must take into account, with respect to the credibility of a claimant, the fact that the claimant does not possess documentation establishing identity, has not provided a reasonable explanation for the lack of documentation and has not taken reasonable steps to obtain the documentation.

Decision on Claim for Refugee Protection

102.            Decision

(1) The Refugee Protection Division shall make a determination of whether the claimant is a Convention refugee or person in need of protection.

(2) If the Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have determined that the claimant was a Convention refugee, that opinion must be stated in its reasons for the decision.

Cessation of Refugee Protection

103            Rejection

(1) The Refugee Protection Division shall reject a claim for refugee protection in any of the following circumstances:

(a) the foreign national has voluntarily reavailed himself or herself of the protection of their country of nationality:

(b) the foreign national has voluntarily reacquired their nationality;

(c) the foreign national has acquired a new nationality and enjoys the protection of the country of that new nationality;

(d) the foreign national has voluntarily become re-established in the country that the foreign national left or remained outside of and in respect of which the foreign national claimed refugee protection in Canada; or

(e) the reasons for which the foreign national sought refugee protection have ceased to exist.

(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection conferred as a result of a determination by the Board or as a result of selection as a permanent resident under subsection 12(3) has ceased for any of the reasons described in subsection (1).

(3)     Paragraph (1)(e) does not apply in the case of a foreign national who established that there are compelling reasons arising out of any previous persecution, treatment or punishment for refusing to a avail himself or herself of the protection of the country that they left, or outside of which they remained, because of fear of those reasons.

Vacation Applications

104.            Vacation of refugee protection

(1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a foreign national's claim for refugee protection, if it finds that the decision was obtained as a result of a direct or indirect material misrepresentation, or withholding of information, relating to a relevant matter.

(2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.

(3) If the application is allowed, the claim of the foreign national is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.

Appeal to Refugee Appeal Division

105            Appeal

(1) A foreign national or the Minister may appeal, in accordance with the rules of the Board on a question of law, of fact, or of mixed law and fact, tot he Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the foreign national's claim for refugee protection.

(2) A determination that a refugee claim has been withdrawn or abandoned may not be appealed.

(3) Despite paragraph 161(1)(a), the Refugee Appeal Division shall proceed in the appeal without a hearing, may accept written submissions and shall base its decision on the record of the proceedings of the Refugee Protection Division.

106            Decision

(1) After considering the appeal, the Refugee Appeal Division shall make one of the following decisions. It shall

(a)          confirm the determination of the Refugee Protection Division;

(b) set aside the determination and substitute a determination that, in its opinion, should have been made; or

(c) refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate.

(2) The Refugee Appeal Protection Division shall make the referral described in paragraph (1)(c) if it is of the opinion that a hearing is required or if it has allowed an appeal by the Minister that was based on a question of the claimant's credibility.

DIVISION 3            PRE-REMOVAL RISK ASSESSMENT

Protection

107            Application for protection

(1) A foreign national in Canada against whom a removal order is enforceable may apply to the Minister, in accordance with the regulation, for protection. However, a foreign national against whom an authority to proceed has been issued under section 15 of the Extradition Act, or whose claim has been determined to be ineligible under paragraph 95(1)(e), may not make the application.

(2) The Minister shall consider an application made by a foreign national on the basis of sections 89 to 91.

(3) The following rules apply with respect to an application referred to in subsection (2):

(a) if the foreign national made a claim for refugee protection that was determined to be ineligible for referral to the Refugee Protection Division, or was determined by the Board to be abandoned, withdrawn or rejected, the foreign national may not make the application until at least one year after leaving Canada following the determination: and

(b) in the case of a foreign national whose claim for refugee protection was rejected, the only evidence that may be presented is new evidence that arose after, or that was not reasonably available at the time of, the rejection.

(4) If the foreign national is determined to be inadmissible on grounds of security, violating human rights, serious criminality or organized criminality, or if their claim was rejected on the basis of section F of Article 1 of the Refugee Convention, the Minister shall consider the application for protection, taking into account subsection (2) and

(a) the danger that a foreign national who is inadmissible on grounds of serious criminality would constitute to the public in Canada: or

(b) that it would be contrary to the national interest, because of the nature and severity of the acts committed or because of the danger it would constitute to the security of Canada, to allow the application of a foreign national who is inadmissible on grounds of security, violating human rights or organized criminality.

(5) If the Minister allows the foreign national's application, a foreign national described in subsection (4) receives a stay of an order for their removal to a country in respect of which he or she was determined to be in need of protection and any other foreign national receives refugee protection under this Act.

(6) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with subsection (4) and the regulations, the grounds on which the stay was ordered and may cancel the stay.

Principle of Non-removal

108            Principle

(1) A foreign national on whom refugee protection has been conferred under this Act, or who is recognized as a Convention refugee by another country to which the foreign national may be returned, shall not be removed form Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.

(2)     Subsection (1) does not apply in the case of a foreign national

(a) who is inadmissible on grounds of serious criminality and who constitutes, in the opinion of the Minister, a danger to the public in Canada; or

(b) who is inadmissible on grounds of security, violating human rights or organized criminality if, in the opinion of the Minister, it would be contrary to the national interest for the foreign national to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.

(3) A foreign national, after a determination under paragraph 95(1)(e) that the foreign national's claim is ineligible, is to be sent to the country from which the foreign national came to Canada, but may be sent to another country if that country is designated under subsection 95(2) or the country from which the foreign national came to Canada has rejected their claim for refugee protection.

109            Regulations

Regulations may be made to provide for any matter relating to the application of sections 107 and 108, and may include provisions respecting procedures to be followed with respect to an application for protection.

PART 3          ENFORCEMENT

Human Smuggling and Trafficking

110            Organizing entry into Canada

(1) No person shall knowingly organize the coming into Canada of one or more persons who are not in possession of a valid visa, passport or other document required by this Act.

(2) A person who contravenes subsection (1) by organizing the coming into Canada of fewer than 10 persons is guilty of an offence and liable

(a) on conviction on indictment

(i)  for a first offence, to a fine of not more than $500,000 or to a term of imprisonment of not more than 10 years, or to both, or

(ii) for a subsequent offence, to a fine of not more than $1,000,000 or to a term of imprisonment of not more than 14 years, or to both; and

(b) on summary conviction, to a fine of not more than $100,000 or to a term of imprisonment of not more than two years, or to both.

(3) A person who contravenes subsection (1) by organizing the coming into Canada of a group of 10 persons or more is guilty of an offence and liable to a fine of not more than $1,000,000 or to a life imprisonment, or to both.

(4) No proceedings for an offense under this section may be instituted except by or with the consent of the Attorney General of Canada.

111.            Offence-trafficking in persons

(1) No person shall knowingly organize the coming into Canada of one or more persons by means of threat, force, abduction, fraud, deception or coercion.

(2) For the purpose of subsection (1), "organize", with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.

112.            Disembarking persons at sea

A person in charge of a ship or a member of the crew shall not disembark a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act.

113.            Penalties

A person who contravenes subsection 111 or 112 is guilty of an offence and liable on conviction by way of indictment to a maximum fine of $1,000,000 or to life imprisonment, or to both.

114.            Aggravating factors

(1) The court, in determining the penalty to be imposed under subsection 110(2) or (3) or section 113, shall take into account whether

(a)          grievous bodily harm or death occurred during the commission of the offence;

(b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;

(c) the commission of the offense was for profit, whether or not any profit was realized; and

(d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of an offence.

(2) For the purposes of paragraph (1)(b), "criminal organization" means an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute an offence one of those offences

Offences Related to Documents

115.            Documents

(1) No person shall, in order to contravene this Act,

(a)          possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person's identity;

(b) use such a document, including for the purpose of entering or remaining in Canada; or

(c)          import, export or deal in such a document.

(2) Proof of the facts referred to in subsection (1) in relation to a forged document or a document that is blank, incomplete, offered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act.

116.            Penalty

(1) Every person who contravenes

(a)          paragraph 115(1)(a) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to five years; and

(b)          paragraph 115(1)(b) or (c) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to 14 years.

(2) the court, in determining the penalty to be imposed, shall take into account whether

(a) the commission of the offense was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 114(2); and

(b) the commission of the offence was for profit, whether or not any profit was realized.

General Offences

117.            Contravention of Act

(1) Every person commits an offence who

(a)          contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a term of condition imposed on that person under this Act;

(b)          escapes or attempts to escape from lawful custody or detention under this Act; or

(c)          employs a person, other than a Canadian citizen or permanent resident, who is not authorized under this Act to be employed.

(2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.

(3) A transportation company shall not be found guilty of an offence under paragraph (1)(a) if it is established that it exercised all due diligence to prevent its commission.

118.            Penalties

A person who commits an offence under section 117 is liable

(a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or

(b) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term of not more than six months, or to both.

119.            Counselling misrepresentation

Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to make a material misrepresentation or withhold information on a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.

120.            Misrepresentation

No person shall knowingly

(a) make a material misrepresentation or withhold information on a relevant matter that induces or could induce an error in the administration of this Act;

(b)     communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or

(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.

121.            Penalties

A person who contravened a provision of section 119 or 120 is guilty of an offence and liable

(a) on conviction on indictment, to a fine of not more than $100.000 or to imprisonment for a term of not more than five years, or to both; or

(b) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term of not more than two years, or to both.

122.            Offences-designated officers

(1) Every person is guilty of an offence who

(a) being a designated officer, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter relating to their duties under this Act or knowingly fails to perform their duties under this Act;

(b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, a designated officer to induce the officer not to perform their duties under this Act;

(c) falsely personates a designated officer or by any act or omission leads any person to believe that the person is a designated officer; or

(d)          obstructs or impedes a designated officer in the performance of the officer's duties under this Act.

(2) Every person who is guilty of an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years or to both; or

(b) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding sex months or to both.

Proceeds of Crime

123.            Possession of property obtained by certain offences

(1) No person shall possess any property or any proceeds of any property knowing that all or any part of the property or of those proceeds was obtained or derived directly or indirectly as a result of the commission of an offence under subsection (2) or section 110, 111, 112, 115, 117, 119,120 or 124.

(2) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived directly or indirectly as a result of the commission of an offence under subsection (1) or section 110, 111, 112, 115, 117, 119, 120 or 124.

(3) It is not an offence for a designated officer or a peace officer or a person acting under their direction to do any of the things referred to in subsections (1) and (2) for the purposes of an investigation or otherwise in the execution of their duties.

(4) Every person who contravenes subsection (1) or (2) commits an offence and is liable

(a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than 10 years, or to both; or

(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both.

124.            Counselling offence

Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 110, 111, 112, 115, 117, 122 or 123, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.

125.    Part XII.2 of the Criminal Code applicable

Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with any modifications that he circumstances require, in respect of proceedings for an offence contrary to sections 110, 111, 112, 115, 117, 119, 120, 122, 123, or 124.

Prosecution of Offences

126.            Deferral

A foreign national who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 115, paragraph 117(1)(a) or section 120 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.

127.            Defence - incorporation by reference

No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention.

(a) the material was reasonably accessible to the person;

(b)     reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

(c) the material had been published in the Canada Gazette.

128.            Offences outside Canada

An act or omission that would by reason of this Act be punishable as an offence if committed in Canada is, if committed outside Canada, an offence under this Act and may be tried and punished in Canada.

129.            Venue

(1) A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged with the offence is or has an office or place of business at the time of the institution of those proceedings.

(2) A proceeding in respect of an offence under this Act that is committed outside Canada may be instituted, tried and determined at any place in Canada.

Forfeiture

130.            Forfeiture

(1) A court that convicts a person of an offence under this Act may, in addition to any other punishment imposed, order that nay offence-related property seized in relation to the offence by forfeited to Her Majesty in right of Canada.

(2)     Regulations may be made defining the expression "offence-related property" for the purposes of this section and providing for any matter relating to the application of this section, including provisions with respect to the return to their lawful owner, disposition, or disposition of the proceeds of disposition, of offence-related property that has been seized.

Officers Designated to Enforce Act

131.            Powers of peace officer

(1) A designated officer, if so authorized, has the authority and powers of a peace officer - including those set out in the sections 487 to 492.2 of the Criminal Code - to enforce this Act, including any of its provisions with respect to the arrest, detention or removal from Canada of any person.

(2) A designated officer may, in cases of emergency employ a person to assist the officer in carrying out duties under this Act. That person has the authority and powers of the officer for a period of no more than 48 hours, unless approved by the Minister.

132.            Identification

A designated officer may

(a) require proof of identity from persons who seek to enter or remain in Canada, who seek refugee protection in Canada, who are arrested and detained for the purpose of their removal from Canada or who are the subject of a removal order; and

(b) examine any visa, passport or other travel document, any document or thing that may serve to establish the identity of a person or any document or thing purporting to be any of those documents or things that is imported into or about to be imported into or exported from Canada.

133.            Search

(1) A designated officer may search any person seeking to come into Canada and may search their luggage and personal effects and the means of transportation that conveyed the person to Canada if the officer believes on reasonable grounds that the person

(a) has not revealed their identity or has hidden on or about their person documents that are relevant to their admissibility; or

(b) has committed, or possesses documents that may be used in the commission of, an offence referred to in section 110, 111 or 115.

(2) A search of a person under this section must be performed by a person of the same sex as the person being searched. If a designated officer of the same sex is not available, any suitable person of the same sex may be authorized by a designated officer to perform the search.

134.            Seizure

(1) A designated officer may seize and hold any means of transportation, document or other thing if the officer believes on reasonable grounds that it was fraudulently or improperly obtained or used or that the seizure is necessary to prevent its fraudulent or improper use or to carry out the purposes of this Act.

(2) Despite subsection 42(2) of the Canada Post Corporation Act, a thing or document that is detained under the Customs Act and seized by a designated officer is not in the course of post for the purposes of the Canada Post Corporation Act.

(3)     Regulations may be made to provide for any matte relating to the application of this section and may include provisions with respect to the deposit of security as a guarantee to replace things that have been seized or that might otherwise be seized, and the return to their lawful owner, and the disposition, of things that have been seized.

135.    Oaths and evidence

Every designated officer has the authority to administer oaths and to take and receive evidence under oath on any matter arising out of this Act.

Peace Officers

136.            Duties of peace officers to execute orders

Every peace officer and every person in immediate charge or control of an immigrant station shall, when so directed by a designated officer, execute any warrant or written order issued under this Act for the arrest, detention or removal from Canada of any foreign national.

137.            Authority to execute warrants and orders

A warrant issued or an order to detain made under this Act is, notwithstanding any other law, sufficient authority to the person to whom it is addressed or who may receive and execute it to arrest and detain the person with respect to whom the warrant or order was issued or made.

Ticketable Offences

138.            Prosecution of designated offences

(1) In addition to the procedures set out in this Act and in the Criminal Code for commencing a proceeding, proceedings in respect of any offence that is prescribed by regulation may be commenced in accordance with this section.

(2) A designated officer may commence a proceeding by

(a)          completing a ticket that consists of a summons portion and an information portion;

(b)          delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused's latest known address; and

(c) filing the information of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.

(3) The summons and information portions of a ticket must

(a) set out a description of the offence and the time and place of its alleged commission;

(b)          include a statement, signed by the designated officer, that there are reasonable grounds to believe that he accused committed the offence;

(c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it must be paid;

(d)          include a statement that, if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

(e)          include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.

(4) Payment of the fine by the accused within the period set out in the ticket constitutes a plea of guilty to the offence described in the ticket and, following the payment,

(a) a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and

(b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized form its disposition, are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

(5)     Regulations may be made to provide for any matter relating to the application of this section, and may include provisions prescribing

(a) the offences referred to in subsection (1) and the manner in which those offences may be described in tickets; and

(b) the amount of the fine, not exceeding $1,000, for a prescribed offence.

Debt Due to Her Majesty

139.    Debt due to Her Majesty

(1) The following amounts are debts due to Her Majesty in right of Canada payable on demand:

(a) a debt incurred by Her Majesty for which any person is liable under this Act;

(b) an amount that a person has paid or has agreed to pay as a deposit or guarantee of performance of an obligation under this Act;

(c) an amount that a sponsor is required to reimburse under the terms of an undertaking;

(d) an amount that is ordered to be paid under section 141 on account of an unpaid liability; and

(e) any amount due to her Majesty under the regulations respecting transportation companies.

(2) A debt may be recovered at any time.

Collection of Debts Due to Her Majesty

140.            Certificates

(1) An amount or part of an amount payable under this Act that has not been paid may be certified by the Minister

(a)          without delay, if the Minister is of the opinion that the person liable for that amount is attempting to avoid payment; and

(b) in any other case, on the expiration of 30 days after the default.

(2) The certificate is to be filed and registered in the Federal Court and, when registered, has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate plus interest to the day of payment.

(3) The costs of registering the certificate are recoverable in the same manner as if they had been included in the certificate.

141.            Garnishment

(1) If the Minister believes that a person is or is about to become liable to make a payment to a person liable to make a payment under this Act, the Minister may, by written notice, order the first person to pay to the receiver General, on account of the second person's liability, all or part of the money otherwise payable to the second person.

(2) If the Minister, under subsection (1), orders an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,

(a) the order s applicable to all future payments of remuneration until the liability is satisfied; and

(b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Minister stipulates in the notice.

(3) The receipt of the Minister is a good and sufficient discharge of the original liability to the extent of the payment.

(4)     Regulations may be made to provide for any matter relating to the application of this section.

Transportation Companies

142.    Travel documents

(1) Subject to the regulations, no transportation company shall bring persons to Canada who are not in possession of the visas, passports and travel documents required under this Act.

(2) A transportation company, on arrival in Canada, shall, in accordance with the regulations, present each passenger for examination by a designated officer. It shall not allow any passenger to leave the means of transportation except at a place specified by the officer or until permission has been granted by the officer.

143.            General liability for removal

A transportation company that brings a person to Canada may be required by the Minister to convey that person to the country from which that person came to Canada or to another country approved by the Minister or, if the Minister does not give that approval, to a prescribed country.

144.            Failure to comply with obligations

A designated officer may detain or seize a means of transportation of a transportation company that has failed to comply with an obligation under this Act until the obligation is met.

145.            Provision of prescribed passenger information

A transportation company that operates an aircraft carrying passengers travelling to Canada

(a) may provide a designated officer with prescribed passenger information about those passengers; and

(b) must notify any passenger of information respecting them that was provided to the officer.

146.    Use of prescribed passenger information

(1) A designated officer may use prescribed passenger information to identify passengers who are inadmissible to Canada or for whom a warrant of arrest has been issued by a competent Canadian authority.

(2) A designated officer who has control of prescribed passenger information must not

(a) allow the unauthorized use of the information; or

(b) use the information other than in the administration or enforcement of this Act.

147.            Regulations

Regulations may be made to provide for any matter relating to the purpose of sections 87 to 146. The regulations may include provisions defining terms used in those sections and provisions respecting

(a) the rights and obligations of transportation companies;

(b) the powers of the Minister to require a transportation company to provide facilities, including building sand equipment, for the use of the Minister for the purposes of this Act;

(c) fees or costs that transportation companies, or classes of transportation companies, may be required to pay, and the criteria for calculating those fees or charges;

(d) security that a transportation company may be required to provide for the recovery of those fees or costs;

(e)     procedures to be followed when means of transportation are seized; and

(f) the passenger information held by a carrier that may be disclosed to a designated officer and the manner in which the information is to be provided to the designated officer.

PART 4          IMMIGRATION AND REFUGEE BOARD

Composition of Board

148.            Immigration and Refugee Board

The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.

149.            Composition

The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.

150.            Chairperson and other members

(1) The Chairperson and members of the Refugee Protection Division, Refugee Appeal Division and Immigration Appeal Division

(a) are appointed by the Governor in Council to hold office during good behaviour for a term not exceeding seven years but may be removed by the Governor in Council at any time for cause;

(b) shall swear the oath or solemn affirmation of office set out in the rules of the Board;

(c) are eligible for reappointment in the same or another capacity;

(d) shall receive the remuneration that may be fixed by the Governor in Council;

(e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in case of a part-time member, while absent from their ordinary place of residence;

(f) are deemed to be employed in the public service of Canada for the purposes of the Public Service Superannuation Act, the Government Employees Compensation Act and any regulations made under to section 9 of the Aeronautics Act;

(g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions; and

(h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.

(2) One Deputy Chairperson for each Division referred to in subsection (1) and not more than 10 Assistant Deputy Chairpersons are to be designated by the Governor in council from among the full-time members of those divisions.

(3) The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of the Divisions referred to in subsection(1) are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.

(4) The deputy Chairperson and a majority of the Assistant Deputy Chairpersons of the Immigration Appeal Division and at least 10 per cent of the members of the Divisions referred to in subsection (1) must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.

151.            Disposition after member ceases to hold office

A former member of the Board, within eight weeks after ceasing to be a member, may make or take part in a decision on a matter that they heard as a member, if the Chairperson so requests. For that purpose, the former member is deemed to be a member.

152.            Disposition where member unable to take part

If a member of a three-member panel is unable to take part in the disposition of a matter that the member has heard, the remaining members may make the disposition and, for that purpose, are deemed to constitute the applicable Division.

153.            Immunity and no summons

The following rules apply to the Chairperson and the members in respect of the exercise or purported exercise of their functions under this Act;

(a) no criminal or civil proceedings lie against them for anything done or omitted to be done in good faith; and

(b) they are not competent or compellable to appear as a witness in any civil proceedings under this Act.

Head Office and Staff

154.    Head office

(1) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act.

(2) The Chairperson must live in the National Capital Region or within reasonable commuting distance of it.

(3) The Governor in Council is to assign the members of the Board, other than the members of the Immigration Division, to a regional or district office of the Board.

155.            Personnel

The Executive Director and other personnel necessary for the proper conduct of the business of the Board shall be appointed in accordance with the Public Service Employment Act, and the personnel are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

Duties of Chairperson

156.            Chairperson

(1) The Chairperson is, by virtue of holding that office, a member of each Division of the Board and is the chief executive officer of the Board. In that capacity, the Chairperson

(a) has supervision over and direction of the work and staff of the Board;

(b) is responsible for assigning members to the Refugee Protection Division, Refugee Appeal Division and the Immigration Appeal Division;

(c)          designates from among the full-time members of the Board coordinating members for a Division, other than the Immigration Division;

(d)          assigns administrative functions to the members of the Board;

(e)          apportions work among the members of the Board and fixes the place, date and time of proceedings;

(f) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay;

(g) may issue guidelines and identify decisions as jurisprudential guides, after consulting with the Deputy Chairpersons and the Director General of the Immigration Division, to assist members in carrying out their duties; and

(h) may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having special knowledge to assist the Division in any matter.

(2) The Chairperson may delegate any of his or her powers under this Act to a member of the Board, other than a member of the Immigration Division, except that

(a)          powers conferred under subsection 158(1) may not be delegated;

(b)          powers referred to in paragraph (1)(a) and (h) may be delegated to the Executive Director of the Board; and

(c)          powers in relation to the Immigration Division may only be delegated to the Director General, directors or members of that Division.

157.            Absence, incapacity or vacancy

In the event of the absence or incapacity of the chairperson, or if the office of Chairperson is vacant, the Minister may authorize one of the Deputy Chairpersons or any other member of the Board to act as Chairperson.

Functioning of Board

158.    Rules

(1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons and the Director General of the Immigration Division, the Chairperson may make rules respecting.

(a) the activities, practice and procedure of each of the Divisions of the Board, including priority to be given to proceedings, the notice that is required and the period in which it must be given;

(b) the conduct of persons who appear before the Board and of their counsel;

(c) the information that may be required and the manner in which, and the time within which, it must be provided with respect to a proceeding before the Board; and

(d) any matter that is authorized by this Act to be set out in the rules.

(2) The Minister shall cause a copy of any rule made under to subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the approval of the rule by the Governor in Council.

159.            Annual report

The Chairperson shall, before the beginning of each fiscal year, submit to the Minister a report on the activities of the Board in the preceding calendar year.

Provisions that Apply to All Divisions

160.    Sole and exclusive jurisdiction

(1) Each Division of the board has, in respect of proceedings brought before it under this Act, sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction.

(2) Each Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness and natural justice permit.

(3) A proceeding shall be conducted by a single member but, except for a matter before the Immigration Division, the Chairperson may order the matter to be head by a panel of three members if the Chairperson considers it appropriate.

(4) The Refugee Protection Division and the Immigration Division and each member of those Divisions, have the powers and authority of a commissioner appointed under Part I of the Inquiries Act.

161.    Rules for proceedings

(1)     Proceedings before each Division are to be conducted according to the following rules;

(a)          subject to the other provisions of this section, proceedings must be held in public and, as far as possible, in the presence of the interested parties;

(b) on application or on its own initiative, a Division shall conduct a hearing in camera, or take any other measure it considers necessary to ensure the confidentiality of the proceedings, if it is established that there is a serious possibility that the life, liberty or security of any person would be endangered by a public hearing;

(c)          subject to paragraph (d), proceedings before the Refugee Protection Division and the Immigration Division concerning a claimant of refugee protection, proceedings concerning cessation and vacation applications and proceedings, before the Refugee Appeal Division must be held in camera; and

(d) a proceeding described in paragraph (c) may, on application, be held in public if it is established that there is not a serious possibility that the life, liberty or security of any person would be endangered, but the Division may take other measures that it considers necessary to ensure confidentiality.

(2) A representative or agent of the United Nations High Commissioner for Refugees is entitled to attend and to take part in any proceedings concerning claimants of refugee protection or foreign nationals on whom refugee protection has been conferred and, at any stage of the proceedings, is entitled to access to evidence that is adduced and to reasons for any decision.

162.    Right to counsel

(1) In proceedings before the Board, a foreign national may, at their own expense, be represented by a barrister or solicitor or other counsel.

(2) If a foreign national who is the subject of proceedings is under 18 years of age or unable, in the opinion of the Division, to appreciate the nature of the proceedings, the Division shall designate a person to represent the foreign national.

163            Abandonment of claim

(1) Each Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a hearing, to provide information required by the Division or to communicate with the Division on being requested to do so.

(2) Each Division may refuse to allow an applicant to withdraw from a proceeding if it is of the opinion that the withdrawal would be an abuse of process under its rules.

164     Rules of application

The following rules apply with respect to decisions of a Division, other than an interlocutory decision;

(a) decisions take effect when they are rendered;

(b) reasons for decisions must be given;

(c) decisions may be rendered orally or in writing, except decisions of the Refugee Appeal Division, which must be rendered in writing;

(d) if the Refugee Protection Division rejects a claim, written reasons must be provided to the claimant and the Minister;

(e) if the Minister or an interested party requests reasons for a decision within 10 days of notification of the decision, or in the circumstances set out in the rules of the Board, the Division must provide written reasons; and

(f) the period in which to appeal or apply for judicial review with respect to a decision of the Board is calculated as of the day that the party is notified of the decision in accordance with the rules of the Board or the day that written reasons are sent to the party, whichever is later.

Refugee Protection Division

165.            Proceedings and right to a hearing

The Refugee Protection Division, in any proceeding before it,

(a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;

(b) must conduct a hearing in the presence of the foreign national concerned, and must notify the foreign national and the Minister of the hearing;

(c) must provide the Minister, on request, with the information referred to in subsection 94(4);

(d) must give the foreign national and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;

(e) may allow a claim for refugee protection without a hearing, if the Minister has not notified the division, within the period set out in the rules of the Board, of the Minister's intention to intervene;

(f) is not bound by any legal or technical rules of evidence;

(g) may receive and base a decision on evidence that is adduce dint he proceedings and considered credible or trustworthy in the circumstances; and

(h) may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.

Refugee Appeal Division

166.    Rules of application

The following rules apply with respect to proceedings of the Refugee Appeal Division;

(a) the Minister may, after giving the notice within the period that is required by the rules, intervene in the appeal, including for the purpose of making submissions;

(b) the Division may take notice of any facts that may be judicially noticed and of any other generally recognized facts and any information or opinion that is within its specialized knowledge; and

(c) a decision on a question of law that is made by a panel of three members of the Refugee Appeal Division is binding on the Refugee Protection Division.

Immigration Division

167.            Composition

(1) The Immigration Division consists of the Director General and other directors and members necessary to carry out its functions and who are employed in accordance with the Public Service Employment Act.

(2) The Director General and the directors of the Immigration Division have all the powers and may carry out the duties and functions of members of the Division.

168.            Proceedings

The Immigration Division, in any proceeding before it,

(a) must notify the Minister and the foreign national of the proceeding and hear the matter without delay;

(b) is not bound by any legal or technical rules of evidence; and

(c) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

Immigration Appeal Division

169.    Court of record

(1) The Immigration Appeal Division is a court of record and shall have an official seal, which shall be judicially noticed.

(2) The Immigration Appeal Division has all the powers, rights and privileges vested in a superior court of record with respect to any matter necessary for the exercise of its jurisdiction including the swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders.

170.            Proceedings

The Immigration Appeal Division, in any proceeding before it,

(a) is not bound by any legal or technical rules of evidence; and

(b) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

Remedial and Disciplinary Measures

171.            Request

(1) The Chairperson may request the Minister to decide whether any member, except a member of the Immigration Division, should be subject to remedial or disciplinary measures for a reasons set out in subsection (2).

(2) The request is to be based on an allegation that the member has become incapacitated from the proper execution of that office by reason of infirmity, has been guilty of misconduct, has failed in the proper execution of that office, or has been placed, by conduct or otherwise, in a position that is incompatible with due execution of that office.

172.            Measures

On receipt of the request, the Minister may take one or more of the following measures;

(a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

(b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

(c) request of the Governor in Council that an inquiry to be held under section 173; or

(d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.

173.            Appointment of inquirer

On receipt of a request referred to in paragraph 172(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct an inquiry.

174.            Powers

The judge has all the powers, rights and privileges that are vested in a superior court, including the power

(a) to issue a summons requiring any person to appear at the time and place mentioned in the summons to testify about all matters within that person's knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

(b) to administer oaths and examine any person on oath.

175.    Staff

The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

176.    Public hearing

(1) An inquiry must be conducted in public. However, the judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that there is

(a) a real and substantial risk that matters involving public security will be disclosed;

(b) a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

(c) a serious possibility that the life, liberty or security of a person will be endangered.

(2) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).

177.    Rules of evidence

(1) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

(2) An interested party may, with leave of the judge, intervene in an inquiry on such terms and conditions as the judge considers appropriate.

178.    Right to be heard

The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

179.            Report to Minister

(1) After an inquiry has been completed, the judge must submit a report containing the judge's findings and recommendations, if any, to the Minister.

(2) The judge may, for any of the reasons set out in subsection 171(2), recommend in the report that the member be suspended without pay or removed from office or that any other disciplinary measure or nay remedial measure be taken.

180.            Transmission of report to Governor in Council

(1) If the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

(2) Nothing in sections 171 to 179 affects any right or power of the Governor in Council in relation to the removal of a member from office for cause.

PART 5          TRANSITIONAL PROVISIONS, CONSEQUENTIAL, RELATED AND CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Transitional Provisions

181.            Continuation

(1) The Immigration and Refugee Board continued by section 57 of the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, is hereby continued.

(2) The person who, on the coming into force of this section, held the office of Executive Director of the Board is deemed to have been appointed to that office under section 155, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that coming into force.

182.            Powers

Sections 94.6, 102.001 to 102.003 and 107.1 of the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, are, despite section 268, deemed not to be repealed and the Minster may exercise any of the powers described in those sections with respect to any business or fund that was approved by the Minister before the coming into force of section 268.

183.            Transitional provisions repealed

The transitional provisions with respect to the Immigration Act, chapter I-2 of the Revised States of Canada, 1985, are repealed.

184.            Definition of "former Act"

For the purposes of sections 185 to 192, "former Act" means the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, and the regulations and rules made under it.

185.            Application of this Act

Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.

186.            Application of former Act by new Divisions

Every application, proceeding or matter before the Convention Refugee Determination Division or the Immigration Appeal Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division and the Immigration Appeal Division of the Board, respectively.

187.            Continuation by Immigration Division

Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board.

188.            Refugee Protection Division

In cases referred to in section 186, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 105.

189.            Convention Refugee Determination Division

A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 105.

190.            Appeals

Despite section 186, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made under section 59 of this Act.

191.    Stays

Despite section 186, if an appellant who has been granted a stay under the former Act breaches a conditions of the Stay, the appellant shall be subject to the provisions of sections 59 and 64 of this Act.

192.            Refugee Protection Division

The Refugee Protection Division has jurisdiction to consider decision of the Convention Refugee Determination Division that are set aside by the Federal Court, and shall dispose of those matters in accordance with the provisions of this Act.

193.            Redetermination of application for landing

Section 107 applies to a redetermination of a decision by the Convention Refugee Determination Division that was set aside with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.

194.    No obligation to issue documentation

Subsection 27(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into the force of this section.

195.            Regulations

Regulations may be made to provide for measures regarding the questions between the former Act and this Act, including measures regarding classes of foreign nationals who will be subject in whole or in part to this Act or the former Act.

Consequential and Related Amendments

196.196            Access to Information Act

Paragraph 4(1)(b) of the Access to Information Act is replaced by the following:

(b) a permanent resident as referred to in the Immigration and Refugee Protection Act.

197.197            Agricultural Marketing Programs Act

The portion of the definition "producer" in subsection 2(1) of the Agricultural Marketing Programs Act after paragraph (d) is replaced by the following;

For the purposes of Parts I and IV, "producer" includes a person or entity mentioned in any of paragraphs (a) to (d) that is entitled to a crop or a share in et as landlord, vendor, mortgagee or hypothecary creditor on a date specified for the purposes of this definition in an advance guarantee agreement. In this definition, "permanent, resident" has the same meaning as in the Immigration and Refugee Protection Act.

198.198            Animal Pedigree Act

Subsection 7(2) of the Animal Pedigree Act is replaced by the following:

(2) A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act.

199.199

Subsection 40(2) of the Act is replaced by the following:

(2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident as referred to in the Immigration and Refugee Protection Act may be a director of the Corporation.

200.200            Bank Act

Paragraph (c) of the definition resident Canadian" in section 2 of the Bank Act is replaced by the following:

(c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

201.201            Budget Implementation Act, 1998

Paragraph 27(1)(a) of the Budget Implementation Act, 1998 is replaced by the following:

(a) are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act;

202.202            Business Development Bank of Canada Act

(1)     Paragraph 6(6)(a) of the Business Development Bank of Canada Act is replaced by the following:

(a)          neither a Canadian citizen nor a permanent resident as referred to in the Immigration and Refugee Protection Act;

(2)     Paragraph 6(6)(c) of the Act is re- placed by the following:

(c) a permanent resident, as referred to in the Immigration and Refugee Protection Act, who has been ordinarily resident in Canada for more than one year after first becoming eligible to apply for Canadian citizenship;

203.203            Canada Business Corporations Act

Paragraph (c) of the definition "resident Canadian" in subsection 2(1) of the Canada Business Corporations Act is replaced by the following:

(c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which he or she first became eligible to apply for Canadian citizenship;

204.204            Canada Customs and Revenue Agency Act

Paragraph 16(2)(a) of the Canada Customs and Revenue Agency Act is replaced by the following:

(a) is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act;

205.205            Canada Elections Act

Paragraph 217.1(1)(a) of the Canada Elections Act is replaced by the following:

(a) a person who is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act;

206.206            Canada Labour Code

Subsection 10(4) of the Canada Labour Code is replaced by the following:

(4) The members of the Board must be Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act.

207.207            Canada Shipping Act

Paragraph (a) of the definition "qualified person" in section 2 of the Canada Shipping Act is replaced by the following:

(a) a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act, or

208.208

Subsection 125(2) of the Act is re- placed by the following:

(2) A certificate shall not be granted under this Part to an applicant who is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act.

209.209

Subparagraph 712(3)(b)(i) of the Act is replaced by the following:

(i)  are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act, in the 25 case of an individual, or

210.210            Canada Student Financial Assistance Act

Paragraph (a) of the definition qualifying student" in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following:

(a) who is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act,

211.211            Canada Student Loans Act

Paragraph (a) of the definition "qualifying student" in subsection 2(1) of the Canada Student Loans Act is replaced by the following:

(a) who is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act,

212.212            Canada Transportation Act

The portion of subsection 7(2) of the Canada Transportation Act after paragraph (b) is replaced by the following:

each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act.

213.213

The definition "Canadian" in section 55 of the Act is replaced by the following:

"Canadian" means a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least seventy-five per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians;

214.214            Canadian Security Intelligence Service Act

The portion of section 14 of the Canadian Security Intelligence Service Act after paragraph (b) is replaced by the following:

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration and Refugee Protection Act.

215.215

Subparagraph 16(1)(b)(ii) of the Act is replaced by the following:

(ii) a permanent resident as referred to in the Immigration and Refugee Protection Act, or

216.216

Subparagraph 38(c)(ii) of the Act is replaced by the following:

(ii) reports made to the Committee pursuant to section 19 of the Citizenship Act, and

217.217

Paragraphs 55(a) and (b) of the Act are replaced by the following:

(a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act, subsection 19(5) of the 15 Citizenship Act; or

(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act.

218.218            Chemical Weapons Convention Implementation Act

Section 22 of the Chemical Weapons Convention Implementation Act is replaced by the following:

22.            Offence outside Canada

Every individual who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, shall, if the individual is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act, be deemed to have committed that act or omission in Canada.

219.219            Citizenship Act

(1) The portion of paragraph 5(1)(c) of the Citizenship Act before sub-paragraph (i) is replaced by the following:

(c) has been authorized to enter and remain in Canada as a permanent resident, has not lost that status under subsection 41(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:

(2)     Paragraph 5(2)(a) of the Act is re- placed by the following:

(a) has been authorized to enter and remain in Canada as a permanent resident, has not lost that status under subsection 42(1) of the Immigration and Refugee Protection Act, and is the minor child of a citizen if an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child; or

220.220

Paragraph 11(1)(d) of the Act is re- placed by the following:

(d) has been authorized to enter and remain in Canada as a permanent resident, has not, since that authorization, lost permanent resident status under subsection 42(1) of the Immigration and Refugee Protection Act and has resided in Canada since that authorization for at least one year immediately preceding the date of his or her application.

221.221

Subsections 14(1.1) and (1.2) of the Act are replaced by the following:

(1.1)     Where an applicant is a permanent resident who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.

222.222

Paragraph 22(1)(e) of the Act is re- placed by the following:

(e) if the person requires, but has not received, an authorization under subsection 21(1) of the Immigration and Refugee Protection Act, to enter and remain in Canada as a permanent resident; or

223.223

Paragraph 35(3)(a) of the Act is re- placed by the following:

(a) prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in a province by a permanent resident as referred to in the Immigration and Refugee Protection Act;

224.224            Comprehensive Nuclear Test-Ban Treaty Implementation Act

Subsection 19(2) of the Comprehensive Nuclear Test-Ban Treaty Implementation Act is replaced by the following:

(2) Despite subsection (1), inspectors who are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act only have the privileges and immunities granted in accordance with paragraph 17(b) and subsection 18(1).

225.225            Cooperative Credit Associations Act

Paragraph (c) of the definition "resident Canadian" in section 2 of the Cooperative Credit Associations Act is replaced by the following:

(c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

226.226            Copyright Act

Clause 15(2)(b)(i)(A) of the Copyright Act is replaced by the following:

(A)     if a natural person, was a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act, or a citizen or permanent resident of a Rome Convention country, or

227.227

Subsection 17(4) of the Act is replaced by the following:

(4) If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act and whose performer's performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).

228.228

The portion of paragraph 18(2)(a) of the Act before subparagraph (i) is replaced by the following:

(a) the maker of the sound recording was a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act, or a citizen or permanent resident of a Berne Convention country, a Rome Convention country or a country that is a WTO Member, or, if a corporation, had its headquarters in one of the foregoing countries,

229.229

(1)     Paragraph 20(1)(a) of the Act is replaced by the following:

(a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act, or a citizen or permanent resident of a Rome Convention country, or, if a corporation, had its head- quarters in one of the foregoing countries; or

(2)     Subsection 20(2) of the Act is re- placed by the following:

(2)          Notwithstanding subsection (1), if the Minister is of the opinion that a Rome Convention country does not grant a right to remuneration, similar in scope and duration to that provided by section 19, for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette, limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country.

230.230

(1) The portion of subsection 22(1) of the Act after paragraph (b) and before paragraph (c) is replaced by the following:

that are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(2) The portion of subsection 22(2) of the Act after paragraph (b) and before paragraph (d) is replaced by the following:

that are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(c) grant the benefits conferred by this Part to performers, makers of sound recordings or broadcasters that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that country grants those benefits to performers, makers of sound recordings or broadcasters that are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, and

231.231

(1)     Subparagraph (a)(i) of the definition "eligible maker" in section 79 of the Act is replaced by the following:

(i)  the maker, at the date of that first fixation, if a corporation, had its headquarters in Canada or, if a natural person, was a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act, and

(2)     Subparagraph (a)(i) of the definition "eligible performer" in section 79 of the Act is replaced by the following:

(i)  the performer was, at the date of the first fixation of the sound recording, a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act, and

232.232

(1) The portion of subsection 85(1) of the Act before paragraph (a) is replaced by the following:

85.            Reciprocity

(1)          Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(2) The portion of subsection 85(2) of the Act before paragraph (b) is replaced by the following:

(2)          Where the Minister is of the opinion that another country neither grants nor has undertaken to grant to performers or makers of sound recordings that are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(a)     grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada; and

233.233            Corrections and Conditional Release Act

(1)     Subsection 128(3) of the Corrections and Conditional Release Act is replaced by the following:

(3)          Despite subsection (1), for the purposes of subsection 44(2) of the Immigration and Refugee Protection Act and section 40 of the Extradition Act, the sentence of an offender who has been released on full parole or statutory release, or on day parole or an unescorted temporary absence, is deemed to be completed unless the release has been suspended, terminated, revoked or cancelled, as the case may be, or the offender has returned to Canada before the expiration of the sentence according to law.

(4)          Despite this Act or the Prisons and Reformatories Act, a person against whom a removal order has been made under the Immigration and Refugee Protection Act is ineligible for day parole or an unescorted temporary absence until the person is eligible for full parole.

(5) The day parole or unescorted temporary absence of an offender becomes inoperative and the offender shall be reincarcerated on the making of a removal order under the Immigration and Refugee Protection Act against the offender.

(6)          Subsections (4) and (5) do not apply with respect to an offender whose removal order is stayed under any of subsection 44(2), paragraph 61(3)(a) or subsection 107(4) of the Immigration and Refugee Protection Act.

234.234

Section 159 of the Act is replaced by the following:

159.            Eligibility

A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident as referred to in the Immigration and Refugee Protection Act who is ordinarily resident in Canada.

235.235            Criminal Code

Subsection 7(4.1) of the Criminal Code is replaced by the following:

(4.1)     Notwithstanding anything in this Act or any other Act, every one who, outside children Canada, commits an act or omission that if committed in Canada would be an offence against section, 151, 152, 153, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 173 or subsection 212(4) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act.

236.236

The reference to "sections 94.1 and 94.2 (organizing entry into Canada), 94.4 (disembarking persons at sea) and 94.5 (counselling false statements) of the Immigration Act" in the definition "offence" in section 183 of the Act is replaced by a reference to "sections 110 (organizing entry into Canada), 111 (trafficking in persons), 112 (disembarking persons at sea), 115 (offences related to documents), 119 (counselling misrepresentation) and 122 (offences with respect to designated officers) of the Immigration and Refugee Protection Act".

237.237

The definition "enterprise crime offence" in section 462.3 of the Act is amended by striking out the word "or" at the end of paragraph (b.1) and by adding the following after that paragraph:

(b.2)   an offence against 110, 111, 112, 115, 117, 119, 120, 122, 123 or 124 of the Immigration and Refugee Protection Act, or

238.238

Subparagraph 477.1(a)(ii) of the Act is replaced by the following:

(ii) is committed by or in relation to a person who is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act;

239.239            Emergencies Act

Paragraph 4(b) of the Emergencies Act is replaced by the following:

(b) providing for the detention, imprisonment or internment of Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

240.240

Paragraphs 30(1)(g) and (h) of the Act are replaced by the following:

(g) the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act and of admission into Canada of other persons;

(h) the removal from Canada of persons, other than Canadian citizens and permanent residents as referred to in the Immigration and Refugee Protection Act, and foreign nationals on whom refugee protection has been conferred and who are not inadmissible under that Act

(i)  on grounds of security, violating human rights or serious criminality, or

(ii) on grounds of criminality and have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;

241.241            Extradition Act

Subsection 40(2) of the Extradition Act is replaced by the following:

(2) Before making an order under subsection (1) with respect to a person who has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall consult with the minister responsible for that Act.

242.242

Subsection 48(2) of the Act is replaced by the following:

(2) When the Minister orders the discharge of a person and the person has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall send copies of all relevant documents to the minister responsible for that Act.

243.243

(1)     Subsection 75(1) of the Act is replaced by the following:

75.       Special authorization

(1) The Minister may, in order to give effect to a request for consent to transit, authorize a person in a State or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period specified by the Minister. The Minister may make the authorization subject to any conditions that the Minister considers desirable.

(2)     Subsection 75(3) of the Act is replaced by the following:

(3) A person in respect of whom an authorization is granted under subsection (1) and who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiry of the period of time specified in the authorization or who fails to comply with some other condition of the authorization is, for the purposes of the Immigration and Refugee Protection Act, deemed to be a person who entered Canada as a temporary resident and remains in Canada after the period authorized for their stay.

244.244            Foreign Publishers Advertising Services Act

(1)     Paragraph (b) of the definition "Canadian" in section 2 of the Foreign Publishers Advertising Services Act is replaced by the following:

(b) a permanent resident as referred to in the Immigration and Refugee Protection Act;

(2)     Paragraph (c) of the definition "Canadian Corporation" in section 2 of the Act is replaced by the following:

(c) whose chairperson or other presiding officer and more than half of whose directors or other similar officers are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act;

245.245            Insurance Companies Act

Paragraph (c) of the definition "resident Canadian" in subsection 2(1) of the Insurance Companies Act is replaced by the following:

(c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

246.246            International Centre for Human Rights and Democratic Development Act

Subsection 13(1) of the International Centre for Human Rights and Democratic Development Act is replaced by the following:

13.            Canadian citizens or permanent residents

(1) The Chairman, the Vice-Chairman, the President and six other directors must be Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act.

247.247

(1)     Subsection 17(2) of the Act is replaced by the following:

(2) A majority of the members of the executive committee must be Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act.

(2)     Subsection 17(6) of the Act is replaced by the following:

(6) Three members of the executive committee, a majority of whom are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act, constitute a quorum at any meeting of the committee.

248.248

Subsection 20(2) of the Act is replaced by the following:

(2) Seven directors, at least five of whom are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act, constitute a quorum at any meeting of the Board.

249.249            Investment Canada Act

Paragraph (b) of the definition "Canadian" in section 3 of the Investment Canada Act is replaced by the following:

(b) a permanent resident as referred to in the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the time at which he or she first became eligible to apply for Canadian citizenship,

250.250            Labour Adjustment Benefits Act

Paragraph 14(1)(a) of the Labour Adjustment Benefits Act is replaced by the following:

(a) the employee is a Canadian citizen resident in Canada or a permanent resident as referred to in the Immigration and Refugee Protection Act;

251.251            Mutual Legal Assistance in Criminal Matters Act

(1)     Subsection 40(1) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:

40.       Special authorization

(1) The Minister may, in order to give effect to a request of a Canadian competent authority, authorize a person in a state or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable.

(2)     Subsection 40(3) of the Act is replaced by the following:

(3) A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration and Refugee Protection Act, be deemed to be a person who entered Canada as a temporary resident and remains after the period authorized for their stay.

252.252            National Energy Board Act

Subsection 3(4) of the National Energy Board Act is replaced by the following:

(4) A person is not eligible to be appointed or to continue as a member of the Board if that person is not a Canadian citizen or permanent resident as referred to in the Immigration and Refugee Protection Act or is, as owner, shareholder, director, officer, partner or otherwise, engaged in the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons or electricity or holds any bond, debenture or other security of a corporation engaged in any such business.

253.253            Old Age Security Act

Paragraph (b) of the definition "specially qualified individual" in section 2 of the Old Age Security Act is replaced by the following:

(b) for the month of January 2001 or an earlier month, where, before March 7, 1996, the person was residing in Canada as a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act;

254.254

Subparagraph 11(7)(e)(ii) of the Act is replaced by the following:

(ii) a permanent resident, as referred to in the Immigration and Refugee Protection Act, in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

255.255

Subparagraph 19(6)(d)(ii) of the Act is replaced by the following:

(ii) a permanent resident, as referred to in the Immigration and Refugee Protection Act, in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

256.256

Subparagraph 21(9)(c)(ii) of the Act is replaced by the following:

(ii) a permanent resident, as referred to in the Immigration and Refugee Protection Act, in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

257.257

Paragraph 33.11(b) of the Act is replaced by the following:

(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister or a public officer of the Department of Human Resources Development any information that was obtained in the administration of the Immigration and Refugee Protection Act that relates to an applicant, a beneficiary or a spouse of an applicant or beneficiary, if the information is necessary for the administration of this Act; and

258.258            Pilotage Act

Paragraph 22(2)(b) of the Pilotage Act is replaced by the following:

(b) a permanent resident as referred to in the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Authority, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

259.259            Privacy Act

The portion of subsection 12(1) of the Privacy Act before paragraph (a) is replaced by the following:

12.       Right of access

(1) Subject to this Act, every individual who is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act has a right to and shall, on request, be given access to

260.260            Trade-marks Act

Paragraph 11.17(2)(b) of the Trade-marks Act is replaced by the following:

(b) a permanent resident as referred to in the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the time at which the permanent resident first became eligible to apply for Canadian citizenship; and

261.261            Trust and Loan Companies Act

Paragraph (c) of the definition "resident Canadian" in section 2 of the Trust and Loan Companies Act is replaced by the following:

(c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

Terminology

262.            Terminology

Unless the context requires otherwise, "Immigration Act" is replaced by "Immigration and Refugee Protection Act" in

(a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(b) any other instrument made

(i)  in the execution of a power conferred by or under an Act of Parliament, or

(ii) by or under the authority of the Governor in Council.

Conditional Amendments

263.    Bill C-2

(1) If Bill C-2, introduced in the 2nd session of the 36th Parliament and entitled the Canada Elections Act (referred to in this section as the "other Act"), receives royal assent, then the provisions mentioned in subsections (2) to (5) are amended as provided in those subsections.

(2) On the later of the coming into force of section 1 of this Act and section 331 of the other Act, paragraph 331(b) of the other Act is replaced by the following:

(b) a permanent resident as referred to in the Immigration and Refugee Protection Act.

(3) On the later of the coming into force of section 1 of this Act and subsection 354(2) of the other Act, paragraph 354(2)(d) of the other Act is replaced by the following:

(d) a person who is not a Canadian citizen or a permanent resident as referred to in the vi-Immigration and Refugee Protection Act.

(4) On the later of the coming into force of section 1 of this Act and section 358 of the other Act, paragraph 358(a) of the other Act is replaced by the following:

(a) a person who is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act.

(5) On the later of the coming into force of section 1 of this Act and paragraph 404(1)(a) of the other Act, paragraph 404(1)(a) of the other Act is replaced by the following:

(a) a person who is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act.

264.    Bill C-16

(1) If Bill C-16, introduced in the 2nd session of the 36th Parliament and entitled the Citizenship of Canada Act (referred to in this section as the "other Act"),receives royal assent, then the provisions mentioned in subsections (2) to (12) are amended as provided in those subsections.

(2) On the later of the coming into force of section 19 of this Act and section 1 of the other Act, section 19 of this Act is replaced by the following:

19.       Right to enter and remain

Every Canadian citizen within the meaning of the Citizenship of Canada Act and every person registered as an Indian under the Indian Act has the right to enter and remain in Canada in accordance with this Act, and a designated officer shall allow them to enter Canada if satisfied that the person is a citizen or registered Indian.

(3) On the later of the coming into force of paragraph 40(a) of this Act and section 1 of the other Act, paragraph 40(a) of this Act is replaced by the following:

(a)          recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship of Canada Act, a person registered as an Indian under the Indian Act or a foreign national who has permanent resident status;

(4) If the heading before section 219 and sections 219 to 223 of this Act are not in force when section 72 of the other Act comes into force, then the heading before section 219 and sections 219 to 223 of this Act are repealed on the later of the coming into force of section 72 of the other Act and the day on which this Act receives royal assent.

(5) On the later of the coming into force of section 1 of this Act and subsection 2(1) of the other Act, the definition "permanent resident" in subsection 2(1) of the other Act is replaced by the following:

"permanent resident" means a permanent resident as referred to in the Immigration and Refugee Protection Act.

(6) On the later of the coming into force of section 1 of this Act and subsection 6(1) of the other Act, clauses 6(1)(b)(i)(A) and (B) of the other Act are replaced by the following:

(A)          beginning on the day on which that determination was made and ending on the day before the person was authorized to enter and remain as a permanent resident if refugee protection has been conferred on the person under the Immigration and Refugee Protection Act, or

(B)          that the person is a temporary resident or a permit holder, as the case may be, if the person is a temporary resident or has a permit within the meaning of the Immigration and Refugee Protection Act, and

(7) On the later of the coming into force of section 47 of this Act and section 28 of the other Act, paragraphs 28(h) and (i) of the other Act are replaced by the following:

(h)          requires the authorization referred to in section 47 of the Immigration and Refugee Protection Act, but has not obtained that authorization, to be admitted to Canada;

(i)  has ceased to be a permanent resident or is subject to, or is a party to, an admissibility hearing under the Immigration and Refugee Protection Act that may lead to their removal from Canada or the loss of their status as a permanent resident and any rights of appeal or review in relation to the admissibility hearing are not exhausted;

(8) If section 63 of the other Act and the heading before it are not in force when section 268 of this Act comes into force, then section 63 of the other Act and the heading before it are repealed on the later of the coming into force of section 268 of this Act and the day on which the other Act receives royal assent.

(9) If paragraph 70(c) of the other Act is not in force when section 268 of this Act comes into force, then paragraph 70(c) of the other Act is repealed on the later of the coming into force of section 268 of this Act and the day on which the other Act receives royal assent.

(10)    On the later of the coming into force of section 214 of this Act and section 1 of the other Act, the portion of section 14 of the Canadian Security Intelligence Service Act after paragraph (b) is replaced by the following:

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship of Canada Act or the Immigration and Refugee Protection Act.

(11)    On the later of the coming into force of section 216 of this Act and section 1 of the other Act, subparagraph 38(c)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:

(ii)          reports made to the Committee pursuant to subsection 23(2) of the Citizenship of Canada Act, and

(12)    On the later of the coming into force of section 217 of this Act and section 1 of the other Act, paragraphs 55(a) and (b) of the Canadian Security Intelligence Service Act are replaced by the following:

(a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 23(5) of the Citizenship of Canada Act; or

(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 23(6) of the Citizenship of Canada Act.

265.    Bill C-19

(1) If Bill C-19, introduced in the 2nd session of the 36th Parliament and en- titled the Crimes Against Humanity Act (referred to in this section as the "other Act"), receives royal assent, then the provision mentioned in subsection (2) is amended as provided in that subsection.

(2) If section 55 of the other Act and the heading before it are not in force when section 268 of this Act comes into force, then section 55 of the other Act and the heading before it are replaced by the following:

55.            Immigration and Refugee Protection Act

Paragraphs 31(1)(a) and (b) of the Immigration and Refugee Protection Act are replaced by the following:

(a)          committing an offence referred to in any of sections 4 to 7 of the Crimes Against Humanity Act;

(b) being senior members of or senior officials in the service of a government that is or was, in the opinion of the Minister, engaged in terrorism, systematic or gross human rights violations, or any act or omission that would be an offence under any of sections 4 to 7 of the Crimes Against Humanity Act; or

(3)     Subsection (2) comes into force on the later of the coming into force of section 268 of this Act and the day on which the other Act receives royal assent.

266.    Bill C-22

(1) If Bill C-22, introduced in the 2nd session of the 36th Parliament and entitled the Proceeds of Crime (Money Laundering) Act (referred to in this section as the "other Act"), receives royal assent, then section 55(3)(d) of the other Act is replaced by the following:

(d) the Department of Citizenship and Immigration, if the Centre also determines that the information would promote the objective set out in paragraph 3(2)(h) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 29 to 36 of that Act or to an offence under sections 110 to 112, 119 and 120 of that Act.

(2)     Subsection (1) comes into force on the later of the coming into force of section 1 of this Act and the day on which the other Act receives royal assent.

267.    Bill C-23

(1) If Bill C-23, introduced in the 2nd session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (referred to in this section as the "other Act"), receives royal assent, then paragraph 33.11(b) of the Old Age Security Act is replaced by the following:

(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister or a public officer of the Department of Human Resources Development any information that was obtained in the administration of the Immigration and Refugee Protection Act that relates to an applicant, a beneficiary or a spouse or common-law partner of an applicant or beneficiary, if the information is necessary for the administration of this Act; and

(2)     Subsection (1) comes into force on the later of the coming into force of section 257 of this Act and subsection 207(1) of the other Act.

Repeal

268.            Repeal

The Immigration Act is repealed.

Coming Into Force

269.            Coming into force

The provisions of this Act, other than sections 263 to 267, come into force on a day or days to be fixed by order of the Governor in Council.

SCHEDULE

(Subsection 2(1))

SECTION 1 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT

1.  For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2.  This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

SECTIONS E AND F OF ARTICLE 1 OF THE UNITED NATIONS CONVENTION RELATING TO THE STATUS OF REFUGEES

E.  This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

F.  The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:

(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

(b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;

(c) he has been guilty of acts contrary to the purposes and principles of the United Nations.

196 The relevant portion of subsection 4(1) reads as follows:

4(1)       Subject to this Act, but notwithstanding any other Act of Parliament, every person who is

(b)        a permanent resident within the meaning of the Immigration Act, has a right to and shall, on request, be given access to any record under the control of a government institution.

197 The definition "producer" in subsection 2(1) reads as follows:

"producer" means a producer of an agricultural product who is

(a)        a Canadian citizen or a permanent resident;

(b)        a corporation a majority of whose voting shares are held by Canadian citizens or permanent residents;

(c)        a cooperative a majority of whose members are Canadian citizens or permanent residents; or

(d)        a partnership or other association of persons where partners or members who are Canadian citizens or permanent residents are entitled to at least 50% of the profits of the partnership or association.

For the purposes of Parts I and IV, "producer" includes a person or entity mentioned in any of paragraphs (a) to (d) that is entitled to a crop or a share in it as landlord, vendor, mortgagee or hypothecary creditor on a date specified for the purposes of this definition in an advance guarantee agreement. In this definition, "permanent resident" has the same meaning as in subsection 2(1) of the Immigration Act.

198 Subsection 7(1) reads as follows:

(2)        A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident within the meaning of the Immigration Act.

199 Subsection 40(2) reads as follows:

(2)        Only a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of the Immigration Act may be a director of the Corporation.

200 The relevant portion of the definition "resident Canadian" in section 2 reads as follows:

"resident Canadian" means a natural person who is

(c)        a permanent resident within the meaning of the Immigration Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

201 The relevant portion of subsection 27(1) reads as follows:

27(1)     From and out of its funds, the Foundation may, subject to subsection (2), grant scholarships only to persons who

(a)        are Canadian citizens or permanent residents within the meaning of the Immigration Act;

202 1) and (2)            The relevant portion of subsection 6(6) reads as follows:

(6)        No individual is eligible to be appointed or to continue as President, Chairperson or a director if the individual is

(a)        neither a Canadian citizen nor a permanent resident, within the meaning of subsection 2(1) of the Immigration Act;

(c)        a permanent resident, within the meaning of subsection 2(1) of the Immigration Act, who has been ordinarily resident in Canada for more than one year after first becoming eligible to apply for Canadian citizenship;

203 The relevant portion of the definition "resident Canadian" in subsection 2(1) reads as follows:

"resident Canadian" means an individual who is

(c)        a permanent resident within the meaning of the Immigration Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which he first became eligible to apply for Canadian citizenship;

204 The relevant portion of subsection 16(2) reads as follows:

(2)        No person may be appointed or continue as a director of the Agency who

(a)        is not a Canadian citizen or a permanent resident under the Immigration Act;

205 The relevant portion of subsection 217.1(1) reads as follows:

217.1(1)            No person or registered party shall accept or use contributions from

(a)        a person who is not a Canadian citizen or a permanent resident within the meaning of the Immigration Act;

206 Subsection 10(4) reads as follows:

(4)        The members of the Board must be Canadian citizens or permanent residents within the meaning of the Immigration Act.

207 The relevant portion of the definition "qualified person" in section 2 reads as follows:

"qualified person" means

(a)        a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act, or

208 Subsection 125(2) reads as follows:

(2)        No certificate shall be granted under this Part to an applicant therefor unless he is a Canadian citizen or a permanent resident of Canada within the meaning of the Immigration Act.

209 The relevant portion of subsection 712(3) reads as follows:

(3)        The right to file a claim under this section is limited to persons who

(b)        except in the case of paragraph (1)(d),

(i)         are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act, in the case of an individual, or

210 The relevant portion of the definition "qualifying student" in subsection 2(1) reads as follows:

"qualifying student" means a person

(a)        who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act,

211 The relevant portion of the definition "qualifying student" in subsection 2(1) reads as follows:

"qualifying student" means a person

(a)        who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act,

212 The relevant portion of subsection 7(2) reads as follows:

(2) The Agency shall consist of

each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or permanent resident within the meaning of the Immigration Act.

213 The definition "Canadian" in section 55 reads as follows:

"Canadian" means a Canadian citizen or a permanent resident within the meaning of the Immigration Act, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least seventy-five per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians;

214 Section 14 reads as follows:

14.        The Service may

(a)        advise any minister of the Crown on matters relating to the security of Canada, or

(b)        provide any minister of the Crown with information relating to security matters or criminal activities,

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration Act.

215 The relevant portion of subsection 16(1) reads as follows:

16(1)     Subject to this section, the Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, assist the Minister of National Defence or the Minister of Foreign Affairs, within Canada, in the collection of information or intelligence relating to the capabilities, intentions or activities of

(b)        any person other than

(ii)         a permanent resident within the meaning of the Immigration Act, or

216 The relevant portion of section 38 reads as follows:

38.        The functions of the Review Committee are

(c)        to conduct investigations in relation to

(ii)         reports made to the Committee pursuant to section 19 of the Citizenship Act or sections 39 and 81 of the Immigration Act, and

217 Section 55 reads as follows:

55.        The Review Committee shall consult with the Director in order to ensure compliance with section 37 in preparing

(a)        a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act, subsection 19(5) of the Citizenship Act or subsection 39(6) or 81(5) of the Immigration Act; or

(b)        a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act, subsection 19(6) of the Citizenship Act or subsection 39(10) or 81(8) of the Immigration Act.

218 Section 22 reads as follows:

22.        Every individual who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, shall, if the individual is a Canadian citizen or a permanent resident within the meaning of section 2 of the Immigration Act, be deemed to have committed that act or omission in Canada. Citizenship Act

219 (1)    The relevant portion of subsection 5(1) reads as follows:

5(1)       The Minister shall grant citizenship to any person who

(c)        has been lawfully admitted to Canada for permanent residence, has not ceased since such admission to be a permanent resident pursuant to section 24 of the Immigration Act, and has, within the four years immediately preceding the date of his application, accumulated at least three years of residence in Canada calculated in the following manner:

(2)        The relevant portion of subsection 5(2) reads as follows:

(2)        The Minister shall grant citizenship to any person who

(a)        has been lawfully admitted to Canada for permanent residence, has not ceased since that admission to be a permanent resident pursuant to section 24 of the Immigration Act, and is the minor child of a citizen if an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child; or

220 The relevant portion of subsection 11(1) reads as follows:

11(1)     The Minister shall grant citizenship to any person who, having ceased to be a citizen,

(d)        has been lawfully admitted to Canada for permanent residence after having ceased to be a citizen, has not ceased since that admission to be a permanent resident pursuant to section 24 of the Immigration Act and has resided in Canada since that admission for at least one year immediately preceding the date of his application.

221 Subsections 14(1.1) and (1.2) read as follows:

(1.1)      Where an applicant is a permanent resident who is the subject of an inquiry under the Immigration Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.

(1.2)      The expressions "permanent resident" and "removal order" in subsection (1.1) have the meanings assigned to those expressions by subsection 2(1) of the Immigration Act.

222 The relevant portion of subsection 22(1) reads as follows:

22(1)            Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship

(e)        if the person requires but has not obtained the consent of the Minister, under subsection 55(1) of the Immigration Act, to be admitted to and remain in Canada as a permanent resident; or

223 The relevant portion of subsection 35(3) reads as follows:

(3)            Subsections (1) and (2) do not operate so as to authorize or permit the Lieutenant Governor in Council of a province, or such other person or authority as is designated by the Lieutenant Governor in Council thereof, to make any decision or take any action that

(a)            prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in a province by a permanent resident within the meaning of the Immigration Act;

224 Subsection 19(2) reads as follows:

(2)        Despite subsection (1), inspectors who are Canadian citizens or permanent residents within the meaning of section 2 of the Immigration Act only have the privileges and immunities granted in accordance with paragraph 17(b) and subsection 18(1).

225 The relevant portion of the definition "resident Canadian" in section 2 reads as follows: "resident Canadian" means a natural person who is

(c)        a permanent resident within the meaning of the Immigration Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

226 The relevant portion of subsection 15(2) reads as follows: (2) Subsection (1) applies only if the performer's performance

(b)        is fixed in

(i)         a sound recording whose maker, at the time of the first fixation,

(A)        if a natural person, was a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act, or a citizen or permanent resident of a Rome Convention country, or

227 Subsection 17(4) reads as follows:

(4)        If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents within the meaning of the Immigration Act and whose performer's performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).

228 The relevant portion of subsection 18(2) reads as follows:

(2)            Subsection (1) applies only if

(a)        the maker of the sound recording was a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act, or a citizen or permanent resident of a Berne Convention country, a Rome Convention country or a country that is a WTO Member, or, if a corporation, had its headquarters in one of the foregoing countries,

229 (1)    The relevant portion of subsection 20(1) reads as follows:

20.        (1) The right to remuneration conferred by section 19 applies only if

(a)        the maker was, at the date of the first fixation, a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act, or a citizen or permanent resident of a Rome Convention country, or, if a corporation, had its headquarters in one of the foregoing countries; or

(2)            Subsection 20(2) reads as follows:

(2)            Notwithstanding subsection (1), if the Minister is of the opinion that a Rome Convention country does not grant a right to remuneration, similar in scope and duration to that provided by section 19, for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette, limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country.

230 (1)            Subsection 22(1) reads as follows:

22(1)     Where the Minister is of the opinion that a country other than a Rome Convention country grants or has undertaken to grant

(a)        to performers and to makers of sound recordings, or

(b)        to broadcasters

that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(c)        grant the benefits conferred by this Part

(i)         to performers and to makers of sound recordings, or

(ii)         to broadcasters

as the case may be, that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, and

(d)        declare that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

(2)            Subsection 22(2) reads as follows:

(2)        Where the Minister is of the opinion that a country other than a Rome Convention country neither grants nor has undertaken to grant

(a)        to performers, and to makers of sound recordings, or

(b)        to broadcasters

that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(c)        grant the benefits conferred by this Part to performers, makers of sound recordings or broadcasters that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that country grants those Ca-benefits to performers, makers of sound recordings or broadcasters that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, and

(d)        declare that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

231 (1)    The relevant portion of the definition "eligible maker" in section 79 reads as follows:

"eligible maker" means a maker of a sound recording that embodies a musical work, whether the first fixation of the sound recording occurred before or after the coming into force of this Part, if

(a)        both the following two conditions are met:

(i)         the maker, at the date of that first fixation, if a corporation, had its headquarters in Canada or, if a natural person, was a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act, and

(2)        The relevant portion of the definition "eligible performer" in section 79 reads as follows:

"eligible performer" means the performer of a performer's performance of a musical work, whether it took place before or after the coming into force of this Part, if the performer's performance is embodied in a sound recording and

(a)        both the following two conditions are met:

(i)         the performer was, at the date of the first fixation of the sound recording, a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act, and

232 (1)    The relevant portion of subsection 85(1) reads as follows:

85.        (1) Where the Minister is of the opinion that another country grants or has undertaken to grant to performers and makers of sound recordings that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(2)        The relevant portion of subsection 85(2) reads as follows:

(2)        Where the Minister is of the opinion that another country neither grants nor has undertaken to grant to performers or makers of sound recordings that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

(a)        grant the benefits conferred by this Part to performers or makers of sound recordings that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada; and

233 Subsections (4) to (6) are new. Subsection 128(3) reads as follows:

(3)        Despite subsection (1), for the purposes of subsection 50(2) of the Immigration Act and section 40 of the Extradition Act, the sentence of an offender who has been released on full parole or statutory release is deemed to be completed unless the full parole or statutory release has been suspended, terminated or revoked or the offender has returned to Canada before the expiration of the sentence according to law.

234 Section 159 reads as follows:

159.      A person is eligible to be appointed as Correctional Investigator or to continue in that office only if the person is a Canadian citizen ordinarily resident in Canada or a permanent resident as defined in subsection 2(1) of the Immigration Act who is ordinarily resident in Canada.

235 Subsection 7(4.1) reads as follows:

(4.1)            Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 173 or subsection 212(4) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of the Immigration Act.

236 Replacement of the title of the Act and references to certain provisions.

237 New. The relevant portion of the definition "enterprise crime offence" in section 462.3 of the Act reads as follows:

"enterprise crime offence" means

238 The relevant portion of section 477.1 reads as follows:

477.1    Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission

(a)        in the exclusive economic zone of Canada that

(ii)         is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act;

239 The relevant portion of section 4 reads as follows:

4.         Nothing in this Act shall be construed or applied so as to confer on the Governor in Council the power to make orders or regulations

(b)            providing for the detention, imprisonment or internment of Canadian citizens or permanent residents as defined in the Immigration Act on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

240 The relevant portion of subsection 30(1) reads as follows:

30(1)     While a declaration of an international emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:

(g)        the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents as defined in the Immigration Act and of admission into Canada of other persons;

(h)        the removal from Canada of persons, other than

(i)            Canadian citizens,

(ii)            permanent residents as defined in the Immigration Act, and

(iii)        persons who are determined under that Act to be Convention refugees, other than persons described in paragraph 19(1)(c.1), (e), (f), (g), (j), (k) or (l) of that Act and persons who have been convicted of any offence under any Act of Parliament for which a term of imprisonment of

(A)        more than six months has been imposed, or

(B)        five years or more may be imposed;

241 Subsection 40(2) reads as follows:

(2)        Before making an order under subsection (1) with respect to a person who has claimed Convention refugee status under section 44 of the Immigration Act, the Minister shall consult with the minister responsible for that Act.

242 Subsection 48(2) reads as follows:

(2)        When the Minister orders the discharge of a person and the person has claimed Convention refugee status under section 44 of the Immigration Act, the Minister shall send copies of all relevant documents to the minister responsible for that Act.

243 (1)            Subsection 75(1) reads as follows:

75(1)     The Minister may, in order to give effect to a request for consent to transit, authorize a person in a State or entity who is a member of an inadmissible class of persons described in section 19 of the Immigration Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period specified by the Minister. The Minister may make the authorization subject to any conditions that the Minister considers desirable.

(2)            Subsection 75(3) reads as follows:

(3)        A person in respect of whom an authorization is granted under subsection (1) and who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiry of the period of time specified in the authorization or who fails to comply with some other condition of the authorization is, for the purposes of the Immigration Act, deemed to be a person who entered Canada as a visitor and remains in Canada after they have ceased to be a visitor.

244 (1)    The relevant portion of the definition "Canadian" in section 2 reads as follows:

"Canadian" means

(b)        a permanent resident within the meaning of the Immigration Act;

(2)        The relevant portion of the definition "Canadian corporation" in section 2 reads as follows:

"Canadian corporation" means a corporation

(c)        whose chairperson or other presiding officer and more than half of whose directors or other similar officers are Canadian citizens or permanent residents within the meaning of the Immigration Act;

245 The relevant portion of the definition "resident Canadian" in subsection 2(1) reads as follows:

"resident Canadian" means a natural person who is

(c)        a permanent resident within the meaning of the Immigration Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

246 Subsection 13(1) reads as follows:

13(1)     The Chairman, the Vice-Chairman, the President and six other directors must be Canadian citizens or permanent residents as defined in the Immigration Act.

247 (1)            Subsection 17(2) reads as follows:

(2)        A majority of the members of the executive committee must be Canadian citizens or permanent residents as defined in the Immigration Act.

(2)            Subsection 17(6) reads as follows:

(6)        Three members of the executive committee, a majority of whom are Canadian citizens or permanent residents as defined in the Immigration Act, constitute a quorum at any meeting of the committee.

248 Subsection 20(2) reads as follows:

(2)        Seven directors, at least five of whom are Canadian citizens or permanent residents as defined in the Immigration Act, constitute a quorum at any meeting of the Board.

249 The relevant portion of the definition "Canadian" in section 3 reads as follows: "Canadian" means

(b)        a permanent resident within the meaning of the Immigration Act who has been ordinarily resident in Canada for not more than one year after the time at which he first became eligible to apply for Canadian citizenship,

250 The relevant portion of subsection 14(1) reads as follows:

14(1)     The Commission may determine that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits if

(a)        he is a Canadian citizen resident in Canada or a permanent resident within the meaning given that term by subsection 2(1) of the Immigration Act;

251 (1)            Subsection 40(1) reads as follows:

40(1)     The Minister may, in order to give effect to a request of a Canadian competent authority, authorize a person in a state or entity who is a member of an inadmissible class of persons described in section 19 of the Immigration Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable.

(2)            Subsection 40(3) reads as follows:

(3)        A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration Act, be deemed to be a person who entered Canada as a visitor and remains therein after he has ceased to be a visitor.

252 Subsection 3(4) reads as follows:

(4)        A person is not eligible to be appointed or to continue as a member of the Board if that person is not a Canadian citizen or permanent resident within the meaning of the Immigration Act or is, as owner, shareholder, director, officer, partner or otherwise, engaged in the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons or electricity or holds any bond, debenture or other security of a corporation engaged in any such business.

253 The relevant portion of the definition "specially qualified individual" in section 2 reads as follows:

"specially qualified individual" means a person who has not resided in Canada after attaining eighteen years of age for an aggregate period of ten or more years other than such a person to whom a pension or spouse's allowance was payable

(b) for the month of January 2001 or an earlier month, where, before March 7, 1996, the person was residing in Canada as a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration Act;

254 The relevant portion of subsection 11(7) reads as follows:

(7)        No supplement may be paid to a pensioner for

(e)        any month during which the pensioner is

(ii)         a permanent resident, as defined in subsection 2(1) of the Immigration Act, in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

255 The relevant portion of subsection 19(6) reads as follows:

(6)        No spouse's allowance may be paid under this section to the spouse of a pensioner pursuant to an application therefor for

(d)        any month during which the spouse is

(ii)         a permanent resident, as defined in subsection 2(1) of the Immigration Act, in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

256 The relevant portion of subsection 21(9) reads as follows:

(9)        No spouse's allowance may be paid under this section to a widow pursuant to an application therefor for

(c)        any month during which the widow is

(ii)         a permanent resident, as defined in subsection 2(1) of the Immigration Act, in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

257 The relevant portion of section 33.11 reads as follows:

33.11    Despite any other Act or law,

(b)        the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister or a public officer of the Department of Human Resources Development any information that was obtained in the administration of the Immigration Act that relates to an applicant, a beneficiary or a spouse of an applicant or beneficiary, if the information is necessary for the administration of this Act; and

258 The relevant portion of subsection 22(2) reads as follows:

(2)        No licence or pilotage certificate shall be issued to an applicant therefor unless the applicant is

(b)        a permanent resident within the meaning of the Immigration Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Authority, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

259 The relevant portion of subsection 12(1) reads as follows:

12(1)     Subject to this Act, every individual who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act has a right to and shall, on request, be given access to

260 The relevant portion of subsection 11.17(2) reads as follows:

(2)        For the purposes of this section, "Canadian" includes

(b)        a permanent resident within the meaning of the Immigration Act who has been ordinarily resident in Canada for not more than one year after the time at which the permanent resident first became eligible to apply for Canadian citizenship; and

261 The relevant portion of the definition "resident Canadian" in section 2 reads as follows:

"resident Canadian" means a natural person who is

(c)        a permanent resident within the meaning of the Immigration Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;