Last Updated: Thursday, 19 September 2019, 14:35 GMT

Canada: Immigration Act, 1976-77, c. 52, s. 1

Publisher National Legislative Bodies / National Authorities
Publication Date 1976
Cite as Canada: Immigration Act, 1976-77, c. 52, s. 1 [Canada],   1976, available at: https://www.refworld.org/docid/3ae6b5c60.html [accessed 21 September 2019]
Comments This is an unofficial consolidation. Last amendment included here is 1996, c.16, brought into force on 12 July 1996.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

SHORT TITLE

1.

1.

Short title

This Act may be cited as the Immigration Act, 1976-77, c. 52, s. 1.

INTERPRETATION

2.

2.

Definitions

(1) In this Act,

"Adjudication Division" means that division of the Board called the Adjudication Division;

"adjudicator" means a person appointed or employed as such pursuant to section 63.3;

"admission" means entry or landing;

"Appeal Division" means that division of the Board called the Immigration Appeal Division;

"assisted relative" has the meaning assigned by the regulations;

"Board" means the Immigration and Refugee Board established by section 57;

"Canadian citizen" means a person who is a citizen within the meaning of the Citizenship Act;

"Chairperson" means the Chairperson of the Board;

"conditional departure order" means a conditional departure order issued under subsection 28(1), paragraph 32.1(3)(b) or subsection 32.1(5) that has not become effective under subsection 28(2) or 32.1.(6);

"conditional deportation order" means a conditional deportation order made under subsection 32.1(2), (3) or (4), 73(2) or 74(1) or (3) that has not become effective under subsection 32.1(6);

"conditional removal order" means a conditional departure order or a conditional deportation order;

"Convention" means the United Nations Convention Relating to the Status of Refugees signed at Geneva on July 28, 1951, and includes the Protocol thereto signed at New York City on January 31, 1967;

"Convention refugee" means any person who

(a)by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(i)is outside the country of the person's nationality and is unable, or by reason of that fear, unwilling to avail himself of the protection of that country, or

(ii)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, is unwilling to return to that country, and

(b)has not ceased to be a Convention refugee by virtue of subsection (2),

but does not include any person to whom the Convention does not apply pursuant to section E or F of Article 1 thereof, which sections are set out in the schedule of this Act;

"departure order" means a departure order issued under subsection 27(4) or 32(7) and includes a conditional departure order that has become effective under subsection 28(2) or 32.1(6);

"dependant" has the meaning assigned by the regulations:

"deportation order" means a deportation order made under subsection 32(2), (5) or (6), 37(5) or (6), 73(2) or 74(1) or (3) and includes:

(a)a deportation order made under the authority of:

(i)subsection 40(10) of the Immigration Act, 1976, chapter 52 of the Statutes of Canada, 1976-77, as it read immediately prior to July 16, 1984, or

(ii)any immigration laws that were in force in Canada prior to April 10, 1978,

(b)a conditional deportation order that has become effective under subsection 32.1(6); and

(c)a departure order that is deemed pursuant to subsection 32.02(1) to be a deportation order;

(d) a departure notice that is deemed to be a deportation order pursuant to section 113 of An Act to amend the Immigration Act and other Acts in consequence thereof, chapter 49 of the Statutes of CAnada, 1992, and;

(e) a conditional departure notice or a conditional exclusion order that becomes a deportation order pursuant to section 26 of An Act to amend the Immigration Act and the Citizenship Act and to make a consequential amendment to the Customs Act, assented to during the first session of the thirty-fifth Parliament;

"Deputy Minister" means the deputy head of the department by which this Act is administered;

"employment" means any activity for which a person receives or might reasonably be expected to receive valuable consideration;

"entry" means lawful permission to come into Canada as a visitor;

"examination" means any procedure whereby an immigration officer determines whether a person seeking to come into Canada may be allowed to come into Canada or may be granted admission;

"exclusion order" means an exclusion order made under subsection 23(4) or (4.01), 32(5), 73(2) or 74(1) or (3);

"family" means the father and mother and any children who, by reason of age or disability, are, in the opinion of an immigration officer, mainly dependent on the father or mother for support and, for the purpose of any provision of this Act and the regulations, includes such other classes of persons as are prescribed for the purpose of that provision;

"fund" has the meaning assigned by the regulations;

"immigrant" means a person who seeks landing;

"immigrant station" means any place designated by the Minister for the examination, treatment or detention of persons for any purpose under this Act;

"immigration officer" means a person appointed or designated as an immigration officer pursuant to section 109;

"inadmissible class" means any of the classes of persons described in section 19;

"landing" means lawful permission to establish permanent residence in Canada;

"master" means the person in immediate charge or control of a vehicle;

"medical officer" means a qualified medical practitioner authorized or recognized by order of the Minister as a medical officer for the purposes of any or all provisions of this Act;

"member of a crew" means, except as otherwise prescribed, a person, including a master, who is employed on a vehicle to perform duties during a voyage or trip related to the operation of the vehicle or the provison of services to passengers;

"member of the family class" has the meaning assigned by the regulations;

"Minister" means such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister of the purposes of this Act;

"owner", in respect of a vehicle, includes the agent of the owner of the vehicle and any other person having any interest in respect of the vehicle;

"permanent resident" means a person who

(a)has been granted landing,

(b)has not become a Canadian citizen, and

(c)has not ceased to be a permanent resident pursuant to section 24 or 25.1,

and includes a person who has become a Canadian citizen but who has subsequently ceased to be a Canadian citizen under subsection 10(1) of the Citizenship Act, without reference to subsection 10(2) of that Act;

"permit" means a subsisting permit issued under subsection 37(1);

"port of entry" means any place designated as a port of entry by the Minister for the examination of persons under this Act;

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

"Refugee Division" means that division of the Board called the Convention Refugee Determination Division;

"rejection order" means an order made under paragraph 13(1)(b);

"removal order" means a departure order, and exclusion order, or a deportation order;

"senior immigration officer" means an immigration officer designated by order of the Minister to perform or carry out any or all of the duties and functions of a senior immigration officer under this Act;

"transportation company"

(a)means a person or group of persons, including any agent thereof and the government of Canada, a province or a municipality in Canada, transporting or providing for the transportation of persons or goods by vehicle or otherwise, and

(b)for the purposes of subsections 89(2) to (7), sections 92 and 93 and paragraph 114(1)(cc), includes any such person or group that operates a bridge or tunnel or is a designated airport authority within the meaning of the Airport Transfer (Miscellaneous Matters) Act;

"vehicle" means any conveyance that may be used for transportation by water, land or air;

"visa" means a document issued or a stamp impression made on a document by a visa officer;

"visa officer" means an immigration officer stationed outside Canada and authorized by order of the Minister to issue visas;

"visitor" means a person who is lawfully in Canada, or seeks to come into Canada, for a temporary purpose, other than a person who is:

(a)a Canadian citizen,

(b)a permanent resident

(c)a person in possession of a permit, or

(d)an immigrant authorized to come into Canada pursuant to paragraph 14(2)(b), 23(1)(b) or 32(3)(b).

Multiple nationalities

(1.1) For the purposes of the definition "Convention refugee" in subsection (1), where a person has more than one nationality, all references to the person's nationality in that definition shall be construed as applying to each of the countries of which the person is a national.

Cessation of Convention refugee stattus

(2) A person ceases to be a Convention refugee when

(a)the person voluntarily revails himself of the protection of the country of the person's nationality;

(b)the person voluntarily reacquires his nationality;

(c)the person acquires a new nationality and enjoys the protection of the country of that new nationality;

(d)the person voluntarily re-established himself in the country that the person left, or outside of which the person remained, by reason of fear of persecution; or

(e)the reasons for the person's fear of persecution in the country that the person left, or outside of which the person remained, cease to exist.

Exception

(3) A person does not cease to be a Convention refugee by virtue of paragraph (2)(e) if the person establishes that there are compelling reasons arising out of any previous persecution for refusing to avail himself of the protection of the country that the person left, or outside of which the person remained, by reason of fear of persecution.

Deemed notification

(4) For the purposes of this Act, a person, including the Minister, shall, in the absence of proof to the contrary, be deemed to have been notified of a decisionunder this Act, other than a decision of a visa officer,

(a)where the decision was rendered otherwise than in the presence of the person and the person was not entitled to written reasons, on the day that is seven days after the day on which notice of the decision was sent to the person, and

(b)where the person was entitled to written reasons, or was entitled to request, and requested within the time normally provided therefor, written reasons, on the day that is seven days after the day on which the written reasons were sent to the person,

which notice or written reasons may be sent by mail.

Purpose of Amendments

2.1

2.1

Purposes of amendments

The purposes of the amendments set out in An Act to amend the Immigration Act and the Criminal Code in consequence thereof, chapter 29 of the 4th Supplement to the Revised Statutes of Canada, are the following:

(a)to preserve for persons in genuine need of protection access to the procedures for determining refugee claims;

(b)to control widespread abuse of the procedures for determining refugee claims, particularly in light of organized incidents involving large-scale introduction of persons into Canada to take advantage of those procedures;

(c)to deter those who assist in the illegal entry of persons into Canada and thereby minimize the exploitation of and risks to persons seeking to come to Canada; and

(d)to respond to security concerns, including the fulfilment of Canada's obligations in respect of internationally protected persons.

PART I - CANADIAN IMMIGRATION POLICY

Objectives

3.

3.

Immigration objectives

It is hereby declared that Canadian immigration policy and the rules and regulations made under this Act shall be designed and administered in such a manner as to promote the domestic and international interests of Canada recognizing the need:

(a)to support the attainment of such demographic goals as may be established by the Government of Canada in respect of the size, rate of growth, structure and geographic distribution of the Canadian population;

(b)to enrich and strengthen the cultural and social fabric of Canada, taking into account the federal and bilingual character of Canada;

(c)to facilitate the reunion in Canada of Canadian citizens and permanent residents with their close relatives from abroad;

(d)to encourage and facilitate the adaptation of persons who have been granted admission as permanent residents to Canadian society by promoting cooperation between the Government of Canada and other levels of government and non- governmental agencies in Canada with respect thereto;

(e)to facilitate the entry of visitors into Canada for the purpose of fostering trade and commerce, tourism, cultural and scientific activities and international understanding;

(f)to ensure that any person who seeks admission to Canada on either a permanent or temporary basis is subject to standards of admission that do not discriminate in a manner inconsistent with the Canadian Charter of Rights and Freedoms;

(g)to fulfil Canada's international legal obligations with respect to refugees and to uphold its humanitarian tradition with respect to the displaced and the persecuted;

(h)to foster the development of a strong and viable economy and the prosperity of all regions in Canada;

(i)to maintain and protect the health, safety and good order of Canadian society; and

(j)to promote international order and justice by denying the use of Canadian territory to persons who are likely to engage in criminal activity.

Principles

4.

4.

Where rights to come in Canada

(1)A Canadian citizen and, subject to section 10.3, a permanent resident have a right to come into Canada except where, in the case of a permanent resident, it is established that that person is a person described in subsection 27(1).

Where rights to remain in Canda

(2)Subject to any other Act of Parliament, a Canadian citizen and a permanent resident have a right to remain in Canada except where, in the case of a permanent resident, it is established that that person is a person described in subsection 27(1).

Rights of Convention refugees

(2.1)Subject to any other Act of Parliament, a person who is determined under this Act or the regulations, to be a Convention refugee has, while lawfully in Canada, a right to remain in Canada except where it is established that that person is a person described in paragraph 19(1)(c.1), (c.2), (d), (e), (f), (g), (j), (k), or (l) or a person who has been convicted of an 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.

Rights of Indians

(3)A person who is registered as an Indian pursuant to the Indian Act has, whether or not that person is a Canadian citizen, the same rights and obligations under this Act as a Canadian citizen.

5.

5.

Where privilege to come into or remain in Canada

(1) No person, other than a person described in section 4, has a right to come into or remain in Canada.

Where immigrant shall be granted landing

(2) An immigrant shall be granted landing if he is not a member of an inadmissible class and otherwise meets the requirements of this Act and the regulations.

Where visitors may be granted entry or allowed to remain

(3) A visitor may be granted entry and allowed to remain in Canada during the period for which he was granted entry or for which he is otherwise authorized to remain in Canada if he meets the requirements of this Act and the regulations.

Selection of Immigrants

6.

6.

General principles of admissibility of immigrants

(1) Subject to this Act and the regulations, any immigrant, including a Convention refugee, and all dependants, if any, may be granted landing if it is established to the satisfaction of an immigration officer that the immigrant meets the selection standards established by the regulations for the purpose of determining whether or not and the degree to which the immigrant will be able to become successfully established in Canada, as determined in accordance with the regulations.

Sponsorships

(2) Any Canadian citizen or permanent resident may, where authorized by the regulations, where authorized by the regulations, sponsor the application for landing of:

(a)any person who, in relation to the Canadian citizen or permanent resident, is a member of the family class; and

(b)any immigrant who is a member of a class of immigrants prescribed by regulations made under paragraph 114(1)(c).

Displaced and persecuted

(3) Any Convention refugee and any person who is a member of a class designated by the Governor in Council as a class, the admission of members of which would be in accordance with Canada's humanitarian tradition with respect to the displaced and the persecuted, may be granted admission, subject to such regulations as may be established with respect thereto and to the immigration plan currently in force and notwithstanding any other regulations made under this Act.

Sponsorships

(4) Any body corporate incorporated by or under any Act of Parliament or the legislature of a province, and any group of Canadian citizens or permanent residents, may, where authorizedby the regulations, sponsor the application for admission of:

(a)any Convention refugee; and

(b)any person who is a member of a class of persons designated for the purposes of subsection (3) or of a class of immigrants prescribed by regulations made under paragraph 114(1)(e).

Landing on public policy or humanitarian or compassionate considerations

(5) Subject to subsection (8) but notwithstanding any other provision of this Act or any regulation made under paragraph 114(1)(a), an immigrant and all dependants, if any, may be granted landing for reasons of public policy or compassionate or humanitarian considerations if the immigrant prescribed by regulations made under paragraph 114(1)(e) and the immigrant meets the landing requirements prescribed under this paragraph.

Selection by province

(6) Where an immigrant intends to reside in a province that has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of certain prescribed classes of immigrants who intend to reside in the province, that immigrant and all dependants, if any, may be granted landing only if -

(a)[not in force.

Date of entry into force: 1976-77

This legislation includes amendments up to and including: 12 July 1996

(b)where the immigration plan currently in force sets out, in respect of that province and in respect of the prescribed class of immigrants of which the immigrant is a member, the maximum number of visas that may be issued to immigrants of that prescribed class of immigrants in that calendar year or, as the case may be, the maximum number of immigrants of that prescribed class of immigrants who may be granted landing in that calendar year, that number has not been reached,

(c)the province has determined that the immigrant meets, or the immigrant and the dependants meet, as the case may be,

(i)where the immigrants is of a class of immigrants over which the province has sole responsibility for the selection thereof, the selection standards established by the laws of the province, and

(ii)where the immigrants is of a class of immigrants over which the province has in part responsibility for the selection thereof, either the selection standards established by the laws of the province or the selection standards established by regulations made under paragraph 114(1)(a),

(d)where the immigrant is of a class of immigrants prescribed by regulations made under paragraph 114(1)(e), the immigrant meets the landing requirements prescribed under that paragraph, and

(e)where the immigrants is of a class of immigrants other than a class of immigrants prescribed by regulations madeunder paragraph 114(1)(e), neither the immigrant nor any of the dependants, if any, is a member of an inadmissible class,

but where the requirements in paragraphs (a) to (e) are met, the immigrant, or the immigrant and all accompanying dependants, as the case may be, shall be granted landing.

Idem

(7) Where a Convention refugee seeking admission pursuant to subjection (3) or a person of a class designated for the purposes of that subsection intends to reside in a province that has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of such Convention refugees or certain classes of persons designated for the purposes of subsection (3) who intend to reside in the province, that Convention refugee or person and all dependants, if any, may be granted admission only if -

(a)the Convention refugee is a Convention refugee over which the province has sole responsibility for the selection thereof, or the person is of any of those designated classes over which the province has sole responsibility for the selection thereof, as the case may be;

(b)where the immigration plan currently in force sets out, in respect of that province and in respect of those Convention refugees or that designated class, the maximum number of visas that may be issued to Convention refugees or to persons of that designated class in that calendar year or, as the case may be, the maximum number of persons of that designated class who may be granted admission in that calendar year, that maximum number has not been reached;

(c)the province has determined that the Convention refugee or person meets, or the Convention refugee, or the person, and the dependants, meet, as the case may be, the selection standards established by the laws of the province, and

(d)neither the Convention refugee or the person, nor any of the dependants, if any, is a member of an inadmissible class,

but where the requirements in paragraphs (a) to (d) are met, the Convention refugee, or the person, and all accompanying dependants, as the case may be, shall be granted admission.

Assessment

(8) Where an immigrant is of a prescribed class of immigrants for which the regulations specify that the immigrant and any or all dependants are to be assessed, the immigrant and all dependants may be granted landing if it is established to the satisfaction of an immigration officer that the immigrant and the dependants who are to be assessed meet, collectively,

(a)the selection standards established by the regulations for the purpose of determining whether or not and the degree to which the immigrant and all dependants will be able to become successfully established in Canada, as determined in accordance with the regulations; or

(b)the landing requirements prescribed by regulations made under paragraph 114(1)(e).

7.

7.

Immigration plans

(1) The Minister, after consultation with the provinces and such persons, organizations and institutions as the Minister deems appropriate, shall, not later than the prescribed date in each calendar year, which prescribed date shall be no later than November 1, cause the immigration plan for the next calendar year to be laid before each House of Parliament, or, if either House is not sitting on the prescribed date, not later than the fifteenth day next thereafter on which that House is sitting.

Contents of plan

(2) An immigration plan shall, with respect to the calendar year to which it relates, set out,

(a)an estimate of the total number of immigrants, Convention refugees and persons of classes designated for the purposes of subsection 6(3) who will be admitted into Canada; and

(b)in respect of every class of immigrants prescribed by regulations made under paragraph 114(1)(b) and every class of persons designated for the purposes of subsection 6(3), and in respect of Convention refugees granted admission pursuant to that subsection and persons determined to be Convention refugees by the Refugee Division, the number of immigrants, persons of those designated clauses and Convention refugees to whom visas may be issued or who may be granted admission, as the case may be,

(i)in respect of Canada,

(ii)in respect of each province that has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of Convention refugees granted admission pursuant to subsection 6(3) or any such class of immigrants or class of persons designated for the purposes of that subsection who intend to reside in the province, and

(iii)in respect of all other provinces.

Idem

(3) An immigration plan shall, with respect to the calendar year to which it relates, set out the number of employment authorizations, not including extensions, that may be issued in respect of every class of employment for which regulations made under paragraph 114(1)(j.2) specify that there shall be a numerical limitation in respect thereof.

Number is either estimate or maximum

(4) The number to be established for the purposes of subparagraph (2)(b)(iii) in respect of Convention refugees granted admission pursuant to subsection 6(3) or a class of immigrants or persons designated for the purposes of that subsection shall be a maximum number where regulations made under subsection 114(1) specify that there shall be a numerical limitation in respect thereof and, where the regulations do not so specify, the number shall be an estimate.

Idem

(5) Subject to subsection (6), the number to be established for the purposes of subparagraph (2)(b)(ii) in respect of Convention refugees granted admission pursuant to subsection 6(3), in respect of each class of immigrants and in respect of persons designated for the purposes of that subsection shall be a maximum number,

(a)where the province has sole responsibility pursuant to the agreement for the selection of those Convention refugees or that class of immigrants or persons and the legislation of the province specifies that there shall be a maximum number in respect thereof, and

(b)where the province does not have, pursuant to the agreement, sole responsibility for the selection of those Convention refugees or that class of immigrants or persons but regulations made under subsection 114(1) specify that there shall be a numerical limitation in respect thereof,

and, in any other case, the number shall be an estimate.

Idem

(6) The number to be established for the purposes of subparagraph (2)(b)(ii) in respect of the class of immigrants known as assisted relatives shall be a maximum number where the legislation of the province and regulations made under subsection 114(1) specify that there shall be a maximum number in respect thereof and, in any other case, the number shall be an estimate.

Idem

(7) Subject to subsection (8), the number to be established for the purposes of subparagraph (2)(b)(i) in respect of Convention refugees granted admission pursuant to subsection 6(3), in respect of a class of immigrants or in respect of persons designated for the purposes of that subsection shall be a maximum number,

(a)regulations made under subsection 114(1) specify that there shall be a numerical limitation in respect thereof, and

(b)the legislation of each province that has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of Convention refugees granted admission pursuant to subsection 6(3), immigrants of that class or persons of that designated class who intend to reside in the province specifies that there shall be a numerical limitation in respect thereof,

and, in any other case, the number shall be an estimate.

Idem

(8) The number to be established for the purposes of subparagraph (2)(b)(i) in respect of the class of immigrants known as assisted relatives shall be a maximum number where,

(a)regulations made under subsection 114(1), and

(b)the legislation of each province that has entered into an agreement pursuant to section 108 whereby the province has in whole or in part responsibility for the selection of assisted relatives who intend to reside in the province,

specify that there shall be a maximum number in respect thereof and, in any other case, the number shall be an estimate.

Provinces with agreement

(9) Where a province has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of Convention refugees granted admission pursuant to subsection 6(3), certain classes of immigrants or certain classes of persons designated for the purposes of that subsection who intend to reside in the province,

(a)the proportion that the total of all numbers established for the purposes of subparagraph (2)(b)(ii) bears to the total of all numbers established for the purposes of paragraph (2)(a) may only exceed the proportion referred to in the agreement with the approval of the Minister;

(b)the numbers established for the purposes of subparagraph (2)(b)(ii) shall be consistend with the agreement;

(c)subject to paragraph (e), the numbers established for the purposes of subparagraph (2)(b)(ii) in respect of Convention refugees and every class of immigrants and persons designated for the purposes of subsection 6(3) in respect of which the province does not have sole responsibility for the selection thereof shall be established by the Minister in consultation with the province;

(d)the numbers established for the purposes of subparagraph (2)(b)(ii) in respect of Convention refugees and every class of immigrants and persons designated for the purposes of subsection 6(3) in respect of which the province has sole responsibility for the selection thereof shall be established by the province after taking into consideration advice received from the Minister; and

(e)the numbers established for the purposes of subparagraph (2)(b)(ii) in respect of the class of immigrants known as assisted relatives shall be established jointly by the Minister and the province.

Dependants included

(10) Unless the regulations provide otherwise, the numbers in an immigration plan shall include accompanying dependants.

Plan may be changed

(11) Where the Minister considers it necessary to do so as the result of unexpected changes in the movement of persons to Canada or as the result of a province referred to in subsection (9) or for any other reason the Minister deems appropriate, the Minister may change any immigration plan that has been laid before both Houses of Parliament pursuant to subsection (1) and, where the Minister does so, the Minister shall lay the amended plan before each House of Parliament within ninety days after making the change or, if either House is not sitting on the expiration of that ninety day period, not later than fifteen days next thereafter on which that House is sitting.

Changes must be consistent with subsection (9)

(12) Any changes to an immigration plan must be consistent with subsection (9).

Consultations

(13) Where a province has entered into an agreement pursuant to section 108 whereby the province has, in part, responsibility for,

(a)the selection of certain classes of immigrants who intend to reside in the province;

(b)the selection of Convention refugees granted admission pursuant to subjection 6(3) and persons of certain classes designated for the purposes of that subsection who intend to reside in the province, or

(c)the issuance of employment authorization in respect of certain prescribed classes of employment to persons who intend to work in the province,

the Minister shall consult with that province before making any change to an immigration plan that affects the province in any of those respects.

Plan must be consistent with agreements

(14) An immigration plan, and any change thereto, must be consistend with all agreements entered into with provinces pursuant to section 108.

PART II - ADMISSION TO CANADA

General Presumption

8.

8.

Burden of proof

(1) Where a person seeks to come into Canada, the burden of proving that that person has a right to come into Canada or that his admission would not be contrary to this Act, or the regulations rests on that person.

Presumption

(2) Every person seeking to come into Canada shall be presumed to be an immigrant until that person satisfies the immigration officer examining him or the adjudicator presiding at his inquiry that he is not an immigrant.

Visas ans Special Authorizations

9.

9.

Applications for visas

(1) Except in such cases as are prescribed, and subject to subsection (1.1), every immigrant and visitor shall make an application for and obtain a visa before that persons appears at a port of entry.

Applications on behalf of dependants

(1.1) A person who makes an application for a visa may apply on behalf of that person and every accompanying dependant.

Burden on visitors

(1.2) A person who makes an application for a visitor's visa shall satisfy a visa officer that the person is not an immigrant.

Assessment by visa officers

(2) An application for an immigrant's visa shall be assessed by a visa officer for the purpose of determining whether the person making the application and every dependant of that person appear to be persons who may be granted landing.

Idem

(2.1) An application for a visitor's visa shall be assessed by a visa officer for the purpose of determining whether the person making the application and every accompanying dependant of that person appear to be persons who may be granted entry.

Duty to answer questions

(3) Every person shall answer truthfully all questions put to that person by a visa officer and shall produce such documentation as may be required by the visa officer for the purpose of establishing that his admission would not be contrary to this Act or the regulations.

Issuance of visa

(4) Subject to subsection (5), where a visa officer is satisfied that it would not be contrary to this Act or the regulations to grant landing or entry, as the case may be, to a person who has made an application pursuant to subsection (1) and to the person's dependants, the visa officer may issue a visa to that person and to each of that person's accompanying dependants for the purpose of identifying the holder thereof as an immigrant or a visitor, as the case may be, who, in the opinion of the visa officer, meets the requirements of this Act and the regulations.

Consent required

(5) A visa officer may refuse to issue a visa on the grounds that the person who made an application pursuant to subsection (1), or any of the person's dependants, is a member of an inadmissible class described in paragraph 19(1)(k) only with the written approval of the Minister and the Solicitor General of Canada.

10.

10.

Applications by students and workers

Except in such cases as are prescribed, every person, other than a Canadian citizen or a permanent resident, who seeks to come into Canada for the purpose of,

(a)attending any university or college authorized by statute or charte to confer degrees;

(b)taking any academic, professional or vocational training course at any university, college or other institution not described in paragraph (a); or

(c)engaging in employment

shall make an application to a visa officer for and obtain authorization to come into Canada for that purpose before the person appears at a port of entry.

10.1

10.1

Where applications may be made

The Minister may specify the places where applications for visas, authorizations and other documents issued or made under this Act may be made and assessed.

Applications in Canada for Landing

10.2

10.2

Applications on behalf of dependants

(1) An immigrant who makes an application in Canada for landing may apply on behalf of that person and every dependant in Canada.

(2) [Not in force.]

Examinations

11.

11.

Medical examination required

(1) Every immigrant and every visitor of a prescribed class shall undergo a medical examination by a medical officer.

Medical examination may be required

(1.1) Every person, other than a permanent resident, who claims to be a Convention refugee shall undergo a medical examination by a medical officer within such reasonable period of time as is specified by a senior immigration officer.

Medical examination may be required

(2) Every visitor and every person in possession of a permit who, in the opinion of an immigration officer or adjudicator, may be a member of the inadmissible class described in paragraph 19(1)(a) may be required by the immigration officer or adjudicator to undergo a medical examination by a medical officer.

Definition

(3) For the purposes of this section, medical examination includes a mental examination, a physical examination and a medical assessment of records respecting a person.

12.

12.

Examination by immigration officer

(1) Subject to the regulations, every person seeking to come into Canada shall appear before an immigration officer at a port of entry, or at such other place as may be designated by a senior immigration officer, for examination to determine whether that person is a person who shall be allowed to come into Canada or may be granted admission.

Departure lounges

(1.1) For the purposes of this Act, a person who, without leaving Canada, leaves an area at an airport that is reserved for passengers who are in transit or who are waiting to depart Canada may be interviewed by an immigration officer to determine whether the person is seeking to come into Canada.

Wher physically outside Canada

(2) For the purposes of this section, a person who leaves Canada and thereafter seeks to return to Canada, whether or not that person was granted lawful permission to be in any other country, shall be deemed to be seeking to come into Canada.

Adjournment of examination

(3) Where an immigration officer commences an examination referred to in subsection (1), the officer may, in such circumstances as the officer deems proper,

(a)adjourn the examination and refer the person being examined to another immigration officer for completion of the examination; and

(b)detain or make an order to detain the person.

Duty to answer questions

(4) Every person shall answer truthfully all questions put to that person by an immigration officer at an examination and shall produce such documentation as may be required by the immigration officer for the purpose of establishing whether the person shall be allowed to come into Canada or may be granted admission.

13.

13.

Where persons cannot be properly examined

(1) Where, in the opinion of an immigration officer, a person appearing before the officer for examination cannot for any reason be properly examined, the officer may,

(a)cause the examination to be deferred until such time as that person may be properly examined; or

(b)make an order for the rejection of that person from Canada.

Service of rejection order

(2) An order made under paragraph (1)(b) or a copy thereof shall be served on the person against whom it is made and on the owner or master of the vehicly by which that person was brought to Canada.

Cessation or order

(3) An order made under paragraph (1)(b) shall cease to be in force or to have effect when the person against whom it was made again appears before an immigration officer and can, in the opinion of the officer, be properly examined by the officer.

14.

14.

Where a person shall be allowed to come into Canada

(1) Where an immigration officer is satisfied that a person whom the officer has examined

(a)has a right to come into Canada,

(b)is a person in possession of a subsisting permit,

(c)is a person against whom a removal order has been made or who has been removed from or otherwise left Canada but has not been granted lawful permission to be in any other country, or

(d)is a person returning to Canada in accordance with a transfer order made under the Mutual Legal Assistance in Criminal Matters Act who, immediately before being transferred to a foreign state pursuant to the transfer order, was subject to an unexecuted removal order,

the officer shall allow that person to come into Canada.

Where immigrant shall be granted landing

(2) Where an immigration officer is satisfied that it would not be contrary to this Act or the regulations to grant landing to an immigrant whom the officer has examined, the officer shall

(a)grant landing to that immigrant; or

(b)authorize that immigrant to come into Canada on condition that the immigrant be present for further examiniation by an immigration officer within such time and at such place as the immigration officer who examined the immigrant may direct.

Where visitor may be granted entry

(3) Where an immigration officer is satisfied that it would not be contrary to this Act or the regulations to grant entry to a visitor whom the officer has examined, the officer may grant entry to that visitor and impose terms and conditions of a prescribed nature.

Further examiniation of immigrants

(4) Where an immigration officer is satisfied that it would not be contrary to this Act or the regulations to grant landing to an immigrant who has been authorized pursuant to paragraph (2)(b), 23(1)(b) or 32(3)(b) to come into Canada, the officer shall, after such further examination as the officer deems necessary, grant landing to the immigrant.

Terms and conditions

(5) An immigration officer who grants landing to an immigrant pursant to paragraph (2)(a) or subsection (4),

(a)shall, if the immigrants is of a class of immigrants for which regulations made under paragraph 114(1)(ii.2) require the imposition of terms and conditions, impose the terms and conditions prescribed by those regulations; and

(b)subject to regulations made under paragraph 114(1)(ii.4), may, in the case of any immigrant, impose terms and conditions prescribed by regulations made under paragraph 114(1)(ii.3).

Idem

(6) Where landing is to be granted to an immigrant under subsection 6(6), an official of the province in which the immigrant intends to reside may, not later than when landing is granted, impose such terms and conditions as are authorized by the laws of the province.

Effect of terms and conditions

(7) Terms and conditions imposed under subsection (6) have the same force and effect as terms and conditions imposed pursuant to subsection (5).

15.

15.

Application to vary certain terms and conditions

Where a permanent resident has been granted landing subject to terms and conditions imposed pursuant to subsection 14(5) or (6), the permanent resident may at any time make an application to an immigration officer or to an official of the province, as the case may be, to vary or cancel any of those terms and conditions.

16.

16.

Application by visitor in Canada

Subject to section 17.1, any visitor may make an application to an immigration officer,

(a)to vary or cancel terms and conditions imposed pursuant to subsection 14(3), 17(2), 23(2) or 32(4); or

(b)to extend the period during which the visitor is authorized to remain in Canada, except where the visitor was granted entry pursuant to subsection 19(3).

17.

17.

Power of immigration officer

(1) Subject to the regulations, an immigration officer who receives an application made pursuant to section 15 or 16 shall approve or refuse the application.

When application approved

(2) When an application is approved under subsection (1), the immigration officer may,

(a)vary or cancel any terms and conditions subject to which the person was granted landing or entry;

(b)add terms and conditions of a prescribed nature; or

(c)in the case of a visitor, extend the period of time during which the visitor is authorized to remain in Canada.

When application refused

(3) When an application made pursuant to section 16 is refused, the person who made the application shall be allowed to remain in Canada if the period during which the person is authorized to remain in Canada has not expired unless a deportation order is made against that person.

17.1

17.1

No application in certain circumstances

Except in such cases as are prescribed, no person in Canada may make an application to an immigration officer to obtain authorization,

(a)to attend any university or college or take any academic, professional or vocational training course;

(b)to engage in employment in Canada.

Visitors' Security Deposits

18.

18.

Security that visitors will comply

(1) A senior immigration officer may require any visitor or group or organization of visitors arriving in Canada to deposit or arrange for the deposit with the Deputy Minister of such reasonable sum of money or other security as he deems necessary as a guarantee that the visitor or group or organization of visitors will comply with any terms and conditions that may be imposed under this Act.

Where failure to comply

(2) Where a visitor or group or organization of visitors with respect to whom a sum of money or other security has been deposited pursuant to subsection (1) fails to comply with any term or condition that was imposed, the Deputy Minister may order that the sum of money deposited be forfeited or that proceedings be taken to realize on the other security deposited.

Where security to be returned

(3) Where a visitor or group or organization of visitors with respect to whom a sum of money or other security has been deposited pursuant to subsection (1) complies with the terms and conditions that were imposed, the sum of money or other security deposited shall be returned as soon as practicable.

PART III - EXCLUSION AND REMOVAL

Inadmissible Classes

19.

19.

Inadmissible persons

(1) No person shall be granted admission who is a member of any of the following classes:

(a)persons who, in the opinion of a medical officer concurred in by at least one other medical officer, are persons:

(i)who, for medical reasons, are or are likely to be a danger to public health or to public safety, or

(ii)whose admission would cause or might reasonably be expected to cause excessive demands, within the meaning assigned to that expression by the regulations, on health or prescribed social services;

(b)persons who there are reasonable grounds to believe are or will be unable or unwilling to support themselves and those persons who are dependent on them for care and support, except persons who have satisfied an immigration officer that adequate arrangements, other than those that involve social assistance, have been made for their care and support;

(c)persons who have been convicted in Canada of an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more;

(c.1)persons who there are reasonable grounds to believe:

(i)have been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more, or,

(ii)have committed outside Canada an act or omission that constitutes an offence under the laws of the place where the act or omission occurred that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more,

except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

(c.2)[1]* persons who there are reasonable grounds to believe are or were members of an organization that there are reasonable grounds to believe is or was 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 any offence under the Criminal Code, the Narcotic Control Act or Part III or IV of the Food and Drugs Act that may be punishable by way of indictment or in the commission outside Canada of an act or omission that, if committed in Canada, would constitute such an offence, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest;

(d)persons who there are reasonable grounds to believe will:

(i) commit one or more offences that may be punishable under any Act of Parliament by way of indictment, other than offences designated as contraventions under the Contraventions Act, or

(ii)engage 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 any offence that may be punishable under any Act of Parliament by way of indictment;

(e)persons who there are reasonable grounds to believe:

(i)will engage in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada,

(ii)will, while in Canada, engage in or instigate the subversion by force of any government,

(iii)will engage in terrorism, or

(iv)are members of an organization that there are reasonable grounds to believe will:

(A)engage in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada,

(B)engage in or instigate the subversion by force of any government, or

(C)engage in terrorism;

(f)persons who there are reasonable grounds to believe:

(i)have engaged in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada,

(ii)have engaged in terrorism, or

(iii)are or were members of an organization that there are reasonable grounds to believe is or was engaged in:

(A)acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada, or

(B)terrorism,

except persons who have satisfied the Minister that their admission would not be detrimental to the national interest;

(g)persons who there are reasonable grounds to believe will engage in acts of violence that would or might endanger the lives or safety of persons in Canada or are members of or are likely to participate in the unlawful activities of an organization that is likely to engage in such acts of violence;

(h) persons who are not, in the opinion of an adjudicator, genuine immigrants or visitors;

(i)persons who, pursuant to section 55, are required to obtain the consent of the Minister to come into Canada but are seeking to come into Canada without having obtained such consent;

(j)persons who there are reasonable grounds to believe have committed an act of omission outside Canada that constituted a war crime or a crime against humanity within the meaning of subsection 7(3.76) of the Criminal Code and that, if it had been committed in Canada, would have constituted an offence against the laws of Canada in force at the time of the act or omission.

(k)persons who constitute a danger to the security of Canada and are not members of a class described in paragraph (e), (f) or (g); or

(l)persons who are or were 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 war crimes or crimes against humanity within the meaning of subsection 7(3.76) of the Criminal Code, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest.

Meaning of "senior members of or senior officials in the service of a government"

(1.1) For the purposes of paragraph (1)(l), "senior members of or senior officials in the service of a government" means persons who, by virtue of the position they hold or have held, are or were able to exert a significant influence on the exercise of government power and, without limiting its generality, includes:

(a)heads of state or government;

(b)members of the cabinet or governing council;

(c)senior advisors to persons described in paragraph (a) or (b);

(d)senior members of the public service;

(e)senior members of the military and of the intelligence and internal security apparatus;

(f)ambassadors and senior diplomatic officials; and

(g)members of the judiciary.

Inadmissible classes where entry permitted

(2) No immigrant and, except as provided in subsection (3), no visitor shall be granted admission if the immigrant or visitor is a member of any of the following classes:

(a) persons who have been convicted in Canada of an indictable offence, or of an offence for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction, that may be punishable under any Act of Parliament by a maximum term of imprisonment of less than ten years, other than an offence designated as a contravention under the Contraventions Act;

(a.1)persons who there are reasonable grounds to believe:

(i)have been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years, or

(ii)have committed outside Canada an act or omission that constitutes an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years,

except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

(b)persons who:

(i) have been convicted in Canada under any Act of Parliament of two or more summary conviction offences not arising out of a single occurrence, other than offences designated as contraventions under the Contraventions Act,

(ii) there are reasonable grounds to believe have been convicted outside Canada of two or more offences, not arising out of a single occurrence, that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, or

(iii) have been convicted in Canada under any Act of Parliament of a summary conviction offence, other than an offence designated as a contravention under the Contraventions Act, and there are reasonable grounds to believe have been convicted outside Canada of an offence that, if committed in Canada, would constitute a summary conviction offence under any Act of Parliament

where any part of the sentences imposed for the offences was served or to be served at any time during the five year period immediately preceding the day on which they seek admission to Canada;

(c)other members of a family accompanying a member of that family who may not be granted admission or who is not otherwise authorized to come into Canada; or

(d)persons who cannot or do not fulfil or comply with any of the conditions or requirements of this Act or the regulations or any orders or directions lawfully made or given under this Act or the regulations.

Discretionary grant of entry

(3) A senior immigration officer or an adjudicator, as the case may be, may grant to any person who is a member of an inadmissible class described in subsection (2) subject to such terms and conditions as the officer or adjudicator deems appropriate and for a period not exceeding thirty days, where, in the opinion of the officer or adjudicator, the purpose for which entry is sought justifies admission.

Removal at Ports of Entry

20.

20.

Reports at port of entry

(1) Where an immigration officer is of the opinion that it would or may be contrary to this Act or the regulations to grant admission to a person examined by the officer or otherwise let that person come into Canada, the officer may detain or make an order to detain that person and shall:

(a)subject to subsection (2), report that person in writing to a senior immigration officer; or

(b)allow that person to leave Canada forthwith.

Temporary exclusion of persons arriving from U.S.

(2) Where an immigration officer at a port of entry is of the opinion that it would or may be contrary to this Act or the regulations to grant admission to or otherwise let come into Canada a person who is arriving from the United States, the officer may, where a senior immigration officer to whom the officer would otherwise make a report pursuant to paragraph (1)(a) is not reasonably available, direct that person to return to the United States until such time as a senior immigration officer is available.

21.

21.

Grounds for removal

Where a removal order is made against any person with respect to whom an inquiry is held as a result of a report made pursuant to paragraph 20(1)(a), the removal order against that person may be made on the basis that that person is a member of any inadmissible class.

22.

22.

Where perons shall be allowed to come into Canada

Where a senior immigration officer receives a report made pursuant to paragraph 20(1)(a) concerning a person who seeks to come into Canada, the officer shall let the person come into Canada if the officer is satisfied that the person is a person described in subsection 14(1).

23.

23.

Where immigrants shall be granted landing

(1) Where a senior immigration officer receives a report made pursuant to paragraph 20(1)(a) concerning an immigrant, the officer shall:

(a)grant landing to that immigrant, or

(b)authorize that immigrant to come into Canada on condition that the immigrant be present for further examination by an immigration officer within such time and at such place as the senior immigration officer may direct;

if the officer is satisfied that it would not be contrary to this Act or the regulations to grant landing to or otherwise authorize that immigrant to come into Canada.

Terms and conditions

(1.1) A senior immigration officer who grants landing to an immigrant pursuant to paragraph (1)(a):

(a)shall, if the immigrant is of a class of immigrants for which regulations made under paragraph 114(1)(ii.2) require the imposition of terms and conditions, impose the terms and conditions prescribed by those regulations; and

(b)subject to regulations made under paragraph 114(1)(11.4), may, in the case of any immigrant, impose terms and conditions prescribed by regulations made under paragraph 114(1)(ii.3).

Where visitors may be granted entry

(2) Where a senior immigration officer receives a report made pursuant to paragraph 20(1)(a) concerning a visitor, the officer may grant entry to that visitor and, except in the case of a person who may be granted pursuant to subsection 19(3), impose terms and conditions of a prescribed nature if the officer is satisfied that it would not be contrary to this Act or the regulations to grant entry to that visitor.

Where person not allowed into Canada or granted admission

(3) Where a senior immigration officer adjourns the examination of a person who is the subject of a report made pursuant to paragraph 20(1)(a) or does not let a person come into Canada pursuant to section 22 and does not grant admission to or otherwise authorize the person to come into Canada pursuant to subsection (1) or (2), the officer may, subject to subsections (4), (4.01), (4.2) and (6),

(a)detain or make an order to detain the person;

(b)release the person from detention subject to such terms and conditions as the officer deems appropriate in the circumstances, including the payment of a security deposit or the posting of a performance bond; or

(c)impose on the person such terms and conditions as the officer deems appropriate in the circumstances, including the payment of a security deposit or the posting of a performance bond.

Exclusion order

(4) Subject to section 28, a senior immigration officer shall allow a person to leave Canada forthwith or make an exclusion order against the person where the senior immigration officer receives a report made pursuant to paragraph 20(1)(a) in respect of the person and the senior immigration officer is satisfied that

(a) the person is a member of

(i) the class of persons referred to in paragraph 19(1)(i), or

(ii) the class of persons referred to in paragraph 19(2)(d) by reason of the fact that the person does not possess a valid and subsisting passport, visa or student or employment authorization and was not granted landing or was granted landing but later became subject to a removal order; and

(b) the person is not a member of an inadmissible class other than an inadmissible class referred to in paragraph (a).

Other powers of senior immigration officer

(4.01) Subject to section 28, a senior immigration officer may allow a person to leave Canada forthwith, make an exclusion order against the person on the basis that the person is a member of either or both of the inadmissible classes described in paragraph (a) or, subject to subsections (4.3) and (5), cause an inquiry to be held as soon as is reasonably practicable concerning whether the person is a member of any or all of the inadmissible classes described in paragraph (a) or (b) where the senior immigration officer receives a report made pursuant to paragraph 20(1)(a) in respect of the person and is satisfied that

(a) the person is a member of

(i) the inadmissible class described in paragraph 19(1)(i), or

(ii) the inadmissible class described in paragraph 19(2)(d) by reason of the fact that the person does not possess a valid and subsisting passport, visa or student or employment authorization and was not granted landing or was granted landing but later became subject to a removal order; and

(b) the person is a member of an inadmissible class other than an inadmissible class referred to in paragraph (a).

Duty to provide information

(4.1) Every person referred to in subsection (4) or (4.01) shall truthfully provide such information as may be required by the senior immigration officer for the purpose of establishing whether the person is to be allowed to come into Canada or may be granted admission.

Inquiry or permission to leave Canada

(4.2) Subject to subsections (4.3) and (5), where a senior immigration officer does not make an exclusion order under subsection (4) or (4.01), or a conditional departure order under subsection 28(1), the senior immigration officer shall:

(a)cause an inquiry to be held concerning the person as soon as is reasonably practicable; or

(b)allow the person to leave Canada forthwith.

Reports relating to persons who constitute a danger to the security of Canada

(4.3) Where a senior immigration officer receives a report that a person is a member of an inadmissible class described in paragraph 19(1)(k), the senior immigration officer shall cause an inquiry to be held only if:

(a)in the case of a permanent resident, a certificate has been issued under subsection 40(1) in respect of the person; and

(b)in the case of a person other than a permanent resident, a certificate has been signed and filed in respect of the person by the Minister and the Solicitor General of Canada in accordance with subsection 40.1(1) and the Federal Court has not quashed the certificate pursuant to paragraph 40.1(4)(d).

Temporary exclusion by senior immigration officer

(5) Where, pursuant to subsection (4.2), a senior immigration officer is required to cause an inquiry to be held with respect to a person who is arriving from the United States, the officer may, where an adjudicator is not reasonably available to preside at the inquiry, direct that person to return to the United States until such time as an adjudicator is available.

Where person not to be detained, etc.

(6) No person shall be detained or ordered detained by a senior immigration officer pursuant to paragraph (3)(a) and any person who has been detained pursuant to subsection 20(1) shall be released from detention by a senior immigration officer pursuant to paragraph (3)(b), unless the senior immigration officer is satisfied that there are reasonable grounds to believe that the person poses a danger to the public or would not appear for an examination or inquiry.

Copy of report to made available

(7) Where a senior immigration officer causes an inquiry to be held concerning a person with respect to whom a report has been made pursuant to paragraph 20(1)(a), the officer shall make a copy of the report available to that person.

Loss of Status

24.

24.

Where person ceases to be permanent resident

(1) A person ceases to be a permanent resident when:

(a)that person leaves or remains outside Canada with the intention of abandoning Canada as that person's place of permanent residence; or

(b)a removal order has been made against that person and the order is not quashed or its execution is not stayed pursuant to subsection 73(1).

Where residence deemed abandoned

(2) Where a permanent resident is outside Canada for more than one hundred and eighty-three days in any one twelve month period, that person shall be deemed to have abandoned Canada as his place of permanent residence unless that person satisfies an immigration officer or an adjudicator, as the case may be, that he did not intend to abandon Canada as his place of permanent residence.

25.

25.

Application for returning resident permits

(1) Where a permanent resident intends to leave Canada for any period of time or is outside Canada, that person may in prescribed manner make an application to an immigration officer for a returning resident permit.

Proof of intention

(2) Possession by a person of a valid returning resident issued to that person pursuant to the regulations is, in the absence of evidence to the contrary, proof that the person did not leave or remain outside Canada with the intention of abandoning Canada as the person's place of permanent residence.

26.

26.

Where a person ceases to be a visitor

(1) A person ceases to be a visitor in Canada when:

(a)that person fails to comply with any term or condition subject to which he is authorized to remain in Canada;

(b)without authorization, that person attends any university or college, takes any academic, professional or vocational training course or engages in employment in Canada;

(c)that person remains in Canada for a period of time greater than that for which he is authorized to remain in Canada;

(c.1)that person enters Canada as or to become a member of a crew of a vehicle and ceases to be a member of the crew or fails to become a member of the crew within the time specified in any terms and conditions subject to which the person was granted entry or, if no time is specified, within forty-eight hours after being granted entry; or

(d)a departure order or deportation order has been made against that person that is not quashed or the execution of which is not stayed pursuant to subsection 73(1).

Idem

(2) Unless otherwise specified in writing by an immigration officer or adjudicator, a visitor is not authorized to remain in Canada for a period in excess of three months from the day on which the visitor is granted entry, except where a longer period of time is prescribed by the regulations.

Removal after Admission

27.

27.

Reports on permanent residents

(1) An immigration officer or a peace officer shall forward a written report report to the Deputy Minister setting out the details of any information in the possession of the immigration officer or peace officer indicating that a permanent resident is a person who:

(a)is a member of an inadmissable class described in paragraph 19(1)(c.2), (d), (e) (f), (g), (k), or (l);

(a.1)outside Canada.

(i)has been convicted of an offence that, if committed in Canada, constitutes an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more, or

(ii)has committed, in the opinion of the immigration officer or peace officer, based on a balance of probabilities, an act or omission that would constitute an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more.

except a person who has satisfied the Minister that the person has been rehabilitated and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be:

(a.2)before being granted landing, was convicted in Canada of:

(i)an indictable offence, or

(ii)an offence for which the offender may be prosecuted by indictment or for which the offender is punishable on summary of conviction.

that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years:

(a.3)before being granted landing,

(i)was convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (a.2), or

(ii)committed outside Canada, in the opinion of the immigration officer or peace officer, based on a balance of probabilities, an act or omission that constitutes an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence referred to in paragraph (a.2),

except a person who has satisfied the Minister that the person has been rehabilitated and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

(b)if that person was granted landing subject to terms and conditions, has knowinglycontravened any of those terms or conditions;

(c)[repealed]

(d) has been convicted of an offence under any Act of Parliament, other than an offence designated as a contravention under the Contraventions Act, for which a term of imprisonment of more than six months has been, or five years or more may be, imposed;

(e)was granted landing by reason of possession of a false or improperly obtained passport, visa or other document pertaining to his admission or by reason of any fraudulent or improper means of misrepresentation of any material fact, whether exercised or made by himself or by any other person,

(f)wilfully fails to support himself or any dependent member of his family in Canada,

(g)is a member of the inadmissible class described in paragraph 19(1)(j) who was granted landing subsequent to the coming into force of that paragraph, or

(h)became a member of the inadmissible class described in paragraph 19(1)(j) subsequent to the coming into force of that paragraph,

Reports on visitors and other persons

(2) An immigration officer or peace officer shall, unless the person has been arrested pursuant to subsection 103(2), forward a written report to the Deputy Minister setting out the details of any information in possession of the immigration officer or peace officer indicating that a person in Canada, other than a Canadian citizen or permanent resident, is a person who

(a)is a member of an inadmissible class other than an inadmissible class described in paragraph 19(1)(h) or 19(2)(c),

(b)has engaged or continued in employment in Canada contrary to this Act or the regulations,

(c)[repealed]

(d)has been convicted of

(i) an offence under the Criminal Code,

(ii) an indictable offence under any Act of Parliament other than the Criminal Code or this Act, or

(iii) an offence, other than an offence designated as a contravention under the Contraventions Act, for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction under any Act of Parliament other than the Criminal Code or this Act;

(e)entered Canada as a visitor and remains in Canada after that person has ceased to be a visitor,

(f)came into Canada at any place other than a port of entry and failed to report forthwith to an immigration officer or eluded examination or inquiry under this Act or escaped from lawful custody or detention under this Act,

(g)came into Canada or remains in Canada with a false or improperly obtained passport, visa or other document pertaining to that person's admission or by reason of any fraudulent or improper means of misrepresentation of any material fact, whether exercised or made by himself or by any other person,

(h)came into Canada contrary to section 55,

(i)ceased to be a Canadian citizen pursuant to subsection 10(1) of the Citizenship Act in the circumstances described in subsection 10(2) of that Act.

(j)repealed

(k)was authorized pursuant to paragraph 14(2)(b), 23(1)(b) or 32(3)(b) to come into Canada and failed to be present for further examination within such time and at such place as was directed, or

(l)wilfully fails to support any dependent member of that person's family in Canada.

For greater certainty

(2.01) For greater certainty,

(a) a person described in paragraph (1)(a) includes a person who, if applying for landing, would not or might not be granted landing by reason of being a member of an inadmissible class referred to in that paragraph;

(b) a person described in paragraph (2)(a) includes a person who, if applying for entry, would not or might not be granted entry by reason of being a member of an inadmissible class, other than an inadmissible class described in paragraph 19(1)(h) or 19(2)(c); and

(c) for the purposes of this Act, a person is deemed to be a member of the inadmissible class by reason of which the person is described in paragraph (1)(a) or (2)(a), as the case may be.

New authorization

(2.1) Subject to any order or direction of the Minister, the Deputy Minister may, on receiving a report pursuant to subsection (2) indicating that a person who was granted entry as a visitor has ceased to be a visitor by reason of any of paragraphs 26(1)(a) to (c) and remains in Canada, authorize the person to remain in Canada as a visitor, on such terms and conditions, and for such period, as the Deputy Minister considers appropriate.

Referral of report

(3) Subject to subsection (3.1) and any order or direction of the Minister, the Deputy Minister, on receiving a report pursuant to subsection (1) or (2), shall, if the Deputy Minister considers it appropriate to do so in the circumstances, forward a copy of that report to a senior immigration officer and may

(a) direct that a determination be made with respect to any or all of the allegations mentioned in the report where the person is a person described in

(i) paragraph (2)(a) by reason of paragraph 19(2)(d),

(ii) paragraph (2)(e) by reason of paragraph 26(1)(c), or

(iii) paragraph (2)(h) or (k); or

(b)in any case, direct that an inquiry be held.

Reports relating to persons who constitute a danger to the security of Canada

(3.1) Where the Deputy Minister receives a report that a person is a person described in paragraph (1)(a) or (2)(a) by reason of being a member of an inadmissible class described in paragraph 19(l)(k), the Deputy Minister shall forward a copy of the report and the direction only if

(a)in the case of a permanent resident, a certificate has been issued under subsection 40(1) in respect of the person; and

(b)in the case of a person other than a permanent resident, a certificate has been signed and filed in respect of the person by the Minister and the Solicitor General of Canada in accordance with subsection 40.1(1) and the Federal Court has not quashed the certificate pursuant to paragraph 40.1(4)(d).

Departure order

(4) Subject to section 28, where a senior immigration officer receives a report and a direction made pursuant to paragraph (3)(a), in respect of a person, or where a person has been arrested pursuant to subsection 103(2), the senior immigration officer shall

(a)allow the person to remain in Canada if it would not be contrary to this Act or the regulations to allow the person to remain in Canada; or

(b)make a departure order against the person if the senior immigration officer is satisfied that the person is the person described in

(i)paragraph (2)(a) by reason of paragraph 19(2)(d),

(ii)paragraph 2(e) by reason of paragraph 26(1)(c), or

(iii)paragraph 2(h) or (k)

Duty to provide information

(5) Every person referred to in subsection (4) shall truthfully provide such information as may be required by the senior immigration officer for the purpose of establishing whether the person is to be allowed to remain in Canada.

Inquiry

A senior immigration officer shall cause an inquiry to be held concerning a person as soon as is reasonably practicable where the senior immigration officer receives a direction made pursuant to paragraph (3)(b).

Conditional Departure Order

28.

28.

Conditional departure order

(1) Where a senior immigration officer is of the opinion that a person who claims to be a Convention refugee is eligible to have their claims referred to the Refugee Division and is a person in respect of whom the senior immigration officer would, but for this section, have made an exclusion order under subsection23(4) or (4.01) or a departure order under subsection 27(4), the senior immigration officer shall make a conditional departure order against the person.

When conditional order becomes effective

(2) No conditional departure order made pursuant to subsection (1) against a person who claims to be a Convention refugee is effective unless and until

(a)the person withdraws the claim to be a Convention refugee;

(a.1) the person is determined by a senior immigration officer not to be eligible to make a claim to be a Convention refugee and has been so notified;

(b)the person is declared by the Refugee Division to have abandoned the claimto be a Convention refugee and has been so notified;

(c)the person is determined by the Refugee Division not to be a Convention refugee and has been so notified; or

(d)the person is determined pursuant to subsection 46.07(1.1) or (2) not to have a right under subsection 4(2.1) to remain in Canada and has been so notified.

Conduct of inquiries

29.

29.

Inquiry is public

(1) Subject to subsections (2) and (3), an inquiry by an adjudicator shall be held in the presence of the person with respect to whom the inquiry is to be held wherever practicable, unless the person consents in writing to the inquiry being conducted without a hearing and in the person's absence.

Confidentiality

(2) Where an adjudicator is satisfied that there is a serious possibility that the life, liberty or security of any person would be endangered by reason of an inquiry being conducted in public, the adjudicator may, on application therefor, take such measures and make such order as the adjudicator considers necessary to ensure the confidentiality of the inquiry.

Idem

(3) Where an adjudicator considers it appropriate to do so, the adjudicator may take such measures and make such order as the adjudicator considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (2).

Minors and incompetents

(4) Where an inquiry is held with respect to any person under the age of eighteen years or any person who, in the opinion of the adjudicator presiding at the inquiry, is unable to appreciate the nature of the proceedings, the person may, subject to subsection (5), be represented by a parent or guardian.

Where representatives designated by adjudicator

(5) Where at an inquiry a person described in subsection (4) is not represented by a parent or guardian or where, in the opinion of the adjudicator presiding at the inquiry, the person is not properly represented by a parent or guardian, the inquiry shall be adjourned and the adjudicator shall designate some other person to represent that person at the expense of the Minister.

Resumption

(6) Where an inquiry has been adjourned pursuant to this Act or the regulations, the inquiry may be resumed by an adjudicator other than the adjudicator who presided at the adjourned inquiry where:

(a)the person who is the subject of the inquiry being resumed by another adjudicator;

(b)no substantive evidence was presented at the adjourned inquiry; or

(c)the adjudicator, before adjourining the inquiry, had found that the person who is the subject of the inquiry was a person described in subsection 27(2), and that all that remains to be presented is the substantive evidence that will determine whether a deportation order should be made against the person.

30.

30.

Right to counsel

Every person with respect to whom inquiry is to be held shall be informed of the person's right to obtain the services of a barrister or solicitor or other counsel and to be represented by any such counsel at the inquiry and shall be given a reasonable opportunity, if the person so desires, to obtain counsel at the person's own expense.

31.

31.

Decision after inquiry

(1) An adjudicator shall give a decision as soon as possible after an inquiry has been completed.

Persons informed of basis for order

(2) Where the decision of an adjudicator results in the making of a removal order or conditional order against a person, the adjudicator shall inform the person of the basis on which the order was made.

32.

32.

Where aperson shall be allowed to come into or remain in Canada

(1) Where an adjudicator decides that a person who is the subject of an inquiry is a person described in subsection 14(1) or a person who has a right to remain in Canada, the adjudicator shall let that person come into Canada or remain in Canada, as the case may be.

Where a person is a permanent resident

(2) Where an adjudicator decides that a person who is the subject of an inquiry is a permanent resident described in subsection 27(1), the adjudicator shall, subject to subsections (2.1) and 32.1(2), make a deportation order against that person.

Departure order

(2.1) Where a person referred to in subsection (2) is a person described in paragraph 27(1)(b), the adjudicator may, subject to subsection 32.1(2.1), make a departure order against the person if the adjudicator is satisfied that the person should be allowed to return to Canada without the written consent of the Minister and that the person will leave Canada within the applicable period specified in the regulations for the purposes of subsection 32.02(1).

Where immigrants shall be granted landing

(3) Where an adjudicator decides that a person who is the subject of an inquiry is a person who, at the time of his examination, was seeking landing and that it would not be contrary to any provision of this Act or the regulations to grant landing to that person, the adjudicator shall

(a) grant landing to that person; or

(b) authorize that immigrant to come into Canada on condition that the immigrant present himself for further examination by an immigration officer within such time and at such place as the adjudicator may direct.

Terms and conditions

(3.1) An adjudicator who grants landing to a person pursuant to paragraph (3)(a):

(a)shall, if the person is of a class of immigrants for which regulations made under paragraph 114(1)(ii.2) require the imposition of terms and conditions, impose the terms and conditions prescribed by those regulations; and

(b)subject to regulations made under paragraph 114(1)(ii.4), may. in the case of any person, impose terms and conditions prescribed by regulations made under paragraph 114(1)(ii.3).

Where visitor may be granted entry

(4) Where an adjudicator decides that a person who is the subject of an inquiry is a person who, at the time of his examination, was seeking entry and that it would not be contrary to any provision of this Act or the regulations to grant entry to that person, the adjudicator may grant to that person and, except in the case of a person who may be granted entry pursuant to subsection 19(3), impose terms and conditions of a prescribed nature.

Removal where seeking admission

(5) Where an adjudicator decides that a person who is the subject of an inquiry is a person who, at the time of the person's examination, was seeking admission and is a member of an inadmissible class, the adjudicator shall, subject to subsection 32.1(3),

(a)make a deportation order against that person, if that person is a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2), (d), (e), (f), (g), (j), (k) or (l) or 19(2)(a), (a.1) or (b); or

(b)make an exclusion order against that person, if that person is a member of an inadmissible class other than an inadmissible class referred to in paragraph (a).

Deportation or departure of other than permanent residents

(6) Where an adjudicator decides that a person who is the subject of an inquiry is a person described in subsection 27(2), the adjudicator shall, subject to subsections (7) and 32.1(5), made a deportation order against that person.

Departure of other than permanent residents

(7) Where the person referred to in subsection (6) is a person other than a person described in paragraph 19(1)(c), (c.1), (c.2), (d), (e), (f), (g), (j), (k) or (l) or 27(2)(h) or (i), the adjudicator may, subject to subsection 32.1.(5), make a departure order against the person if the adjudicator is satisfied that the person should be allowed to return to Canada without the written consent of the Minister and that the person will leave Canada within the applicable period specified in the regulations for the purposes of subsection 32.02(1).

32.01

32.01

Examination of person subject to departure order

A person against whom a departure order has been made shall appear or be brought before an immigration officer so that the immigration officer can verify the person's departure from Canada and issue a certificate of departure in the prescribed form to the person.

32.02

32.02

Where no certificate issued

(1) Where no certificate of departure is issued within the applicable period specified in the regulations to a person against whom a departure order has been made, the departure order is deemed to be a deportation order made against the person.

Deemed deportation

(2) Where by the operation of subsection (1) a departure order made against a person is deemed to be a deportation order and the person is at that time no longer in Canada, the person is deemed to have been deported from Canada.

Exception

(3) Subsection (1) does not apply to any person who is detained under this Act as any time after:

(a)where a conditional departure order was made against the person, the day on which the conditional departure order became effective, or

(b)where a departure order was made against the person, the day on which the departure order was made,

and who is still in detention under this Act at the expiration of the applicable period specified in the regulations for the purposes of subsection (1).

32.1

32.1

Definition of "claimant"

(1) In this section, "claimant" means a person who claims to be a Convention refugee and whose claim has been referred

(a)to a senior immigration officer for a determination of whether the person is eligible to make such a claim; or

(b) to the Refugee Division for a determination of the claim.

Where claimant is a permanent resident

(2) Where an adjudicator decides that a claimant who is the subject of an inquiry is a permanent resident described in subsection 27(1), the adjudicator shall, subject to subsection (2.1) make a conditional deportation order against the claimant.

Conditional departure order

(2.1) Where a claimant referred to in subsection (2) is a person described in paragraph 27(1)(b), the adjudicator may make a conditional departure order against the claimant if the adjudicator is satisfied that the claimant should be allowed to return to Canada without the written consent of the Minister and that the claimant will leave Canada within the applicable period specified in the regulations for the purposes of subsection 32.02(1).

Where claimant seeking admission

(3) Where an adjudicator decides that a claimant who is the subject of an inquiry is a person who, at the time of the claimant's examination, was seeking admission and is a member of an inadmissible class, the adjudicator shall:

(a)make a conditional deportation order against the claimant, if the claimant is a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2), (d), (e), (f), (g), (j), (k), or (l) or 19(2)(a), (a.1) or (b); or

(b)make a conditional exclusion order against the claimant, if the claimant is a member of an inadmissible class other than an inadmissible class referred to in paragraph (a).

Where claimant not a permanent resident

(4) Where an adjudicator decides that a claimant who is the subject of an inquiry is a person described in subsection 27(2), the adjudicator shall, subject to subsection (5), make a conditional deportation order against the claimant.

Conditional departure order

(5) Where the claimant referred to in subsection (4) is a person other than a person described in paragraph 19(1)(c), (c.1), (c.2), (d), (e), (f), (g), (j), (k), or (l) or 27(2)(h) or (i), the adjudicator may make a conditional departure order against the claimant if the adjudicator is satisfied that the person should be allowed to return to Canada without the written consent of the Minister.

When conditional order becomes effective

(6) No conditional removal order made against a claimant is effective unless and until

(a)the claimant withdraws the claim to be a Convention refugee;

(a.1)the claimant is determined by a senior immigration officer not to be eligible to make a claim to be a Convention refugee and has been so notified;

(b)the claimant is declared by the Refugee Division to have abandoned the claim to be a Convention refugee and been so notified;

(c)the claimant is determined by the Refugee Division not to be a Convention Refugee and has been so notified; or

(d)the claimant is determined pursuant to subsection 46.07(2) not to have a right under subsection 4(2.1) to remain in Canada and has been so notified.

33.

33.

Where dependants

(1) Where a removal order or conditional removal order is made by an adjudicator against a member of a family on whom other members of the family in Canada are dependent for support, any member of the family dependent on that member may be included in that order and be removed from or required to leave Canada unless the dependant is a Canadian citizen or a permanent resident nineteen or more years of age.

Hearing required

(2) No person may be included in an order under subsection (1) unless the person has been given an opportunity to be heard at an inquiry.

Deeming provision

(3) A person who is included in a deportation order or conditional deportation order pursuant to subsection (1) shall, except for the purposes of subsection 55(1), be deemed to be a person against whom a deportation order or conditional deportation order, as the case may be, has been made.

34.

34.

Further inquiries may be held

No decision given under this Act prevents the holding of a further inquiry by reason of the making of another report under paragraph 20(1)(a) or subsection 27(1) or (2) or by reason of arrest and detention for an inquiry pursuant to section 103.

35.

35.Repealed.

36.

36.

Notice or fight of appeal

Where a removal order or conditional removal order is made against any person who has a right of appeal to the Appeal Division pursuant to section 70, the adjudicator shall forthwith inform that person of the right of appeal.

Minister's Permit

37.

37.

Issue of permits

(1) The Minister may issue a written permit authorizing any person to come into or remain in Canada if that person is:

(a)in the case of a person seeking to come into Canada, a member of an inadmissible class; or

(b)in the case of a person in Canada, a person with respect to whom a report has been or may be made under subsection 27(2).

When permit may not be issued

(2) Notwithstanding subsection (1), no permit may be issued to:

(a)a person against whom a removal order has been made who has not been removed from Canada pursuant to such an order or has not otherwise left Canada, unless an appeal from that order has been allowed; or

(b)repealed

(c)a person in Canada with respect to whom an appeal made pursuant to section 77 has been dismissed.

Conditions of permit

(3) A permit shall be in force for such period not exceeding three years as is specified in the permit.

Extension and cancellation

(4) The Minister may at any time, in writing, extend or cancel a permit.

Leaving Canada cancels permit

(4.1) Unless a permit specifies that a person may leave and re- enter Canada, the permit is cancelled if the person to whom the permit was issued leaves Canada.

Deportation order following cancellation of permit

(5) The Minister may, on the cancellation or expiration of a permit, make a deportation order against the person to whom the permit was issued or direct that person to leave Canada within a specified period.

Deportation

(6) Where a person who has been directed by the Minister to leave Canada within a specified period of time fails to do so, the Minister may make a deportation order against that person.

Annual report to Parliament

(7) The Minister shall, within thirty days following the commencement of each fiscal year or, if Parliament is not then sitting, within the first thirty days next thereafter that either House of parliament is sitting, cause to be laid before Parliament a report specifiying the number of permits issued during the preceding calendar year and in respect of each permit issued:

(a)to a person seeking to come into Canada, the inadmissible class of which that person is a member; or

(b)to a person in Canada, the applicable paragraph of subsection 27(2) pursuant to which a report has been or may be made.

38.

38.

Landing authorized by Governor in Council

(1) Notwithstanding any other provision of this Act or the regulations, but subject to subsection (2), the Governor in Council may authorize the landing of any person who at the time of landing has resided continuously in Canada for at least five years under the authority of a written permit issued by the Minister under his Act.

Consent of province required

(2) Where the Minister has entered into an agreement with a province pursuant to section 108 whereby the province has sole responsibility for the selection of certain classes of immigrants who intend to reside in that province, an immigrant of any of those clases of immigrants who intends to reside in that province may be granted landing under subsection (1) only if the province has given its consent.

Safety and Security of Canada

38.1

38.1

Purpose of provisions

Recognizing that persons who are not Canadian citizens or permanent residents have no right to come into or remain in Canada and that permanent residents have only a qualified right to do so, and recognizing the necessity of cooperation with foreign governments and agencies in maintaining national security, the purposes of sections 39 to 40.2 are:

(a)to enable the Government of Canada to fulfil its duty to remove persons who constitute a threat to the security or interests of Canada or whose presence endangers the lives or safety of persons in Canada;

(b)to ensure the protection of sensitive security and criminal intelligence information; and

(c)to provide a process for the expeditious removal of persons found to be members of an inadmissible class referred to in section 39 ou 40.1.

39.

39.

Definition of "Review Committee"

(1) In this section and section 40, "Review Committee" has the meaning assigned to that expression by the Canadian Security Intelligence Service Act.

Report, notice and referral

(2) Where the Minister and the Solicitor General of Canada are of the opinion, based on security or criminal intelligence reports received and considered by them, that a permanent resident is a person described in paragraph 19(1)(c.2), subparagraph 19(1)(d)(ii), paragraph 19(1)(e), (f), (g), (k) or (l) or 27(1)(a.1), subparagraph 27(1)(a.3)(ii) or paragraph 27(1)(g) or (h), they may make a report to the Review Committee.

Notice

(3) The Minister and the Solicitor General of Canada shall, within ten days after a report referred to in subsection (2) is made, cause a notice to be sent informing the person who is the subject of the report that following an investigation in relation thereto, a deportation order may be made against that person.

Filing a document

(4) Where a report is made to the Review Committee under subsection (2), the Minister may cause to be filed with an immigration officer, a senior immigration officer or an adjudicator, as required for the purposes of this Act, a document stating that, in the opinion of the Minister and the Solicitor General of Canada, the person named in the document is a person described in paragraph 19(1)(c.2), subparagraph 19(1)(d)(ii), paragraph 19(1)(e), (f), (g), (k) or (l) or 27(1)(a.1), subparagraph 27(1)(a.3)(ii) or paragraph 27(1)(g) or (h), as the case may be.

Application of the Canadia Security Intelligence Service Act

(5) Where a report is made to the Review Committee pursuant to subsection (2), the Review Committee shall investigate the grounds on which it is based and for that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the investigation as if the investigation were conducted in relation to a complaint made pursuant to section 42 of that Act, except that:

(a)a reference in any of those provisions to "deputy head" shall be read as a reference to the Minister and the Solicitor general of Canada; and

(b)paragraph 50(a) of that Act does not apply with respect to the person concerning whom the report is made.

Statement to be sent to person affected

(6) The Review Committee shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person with respect to whom the report is made a statement summarizing such information available to it as will enable the person to be as fully informed as possible of the circumstances giving rise to the report.

(7) Repealed

Idem

(8) Notwithstanding anything in this Act, where a report is made to the Review Committee pursuant to subsection (2), an inquiry under this Act concerning the person in respect of whom the report is made shall not be commenced or, if commenced, shall be adjourned until the Review Committee has, pursuant to subsection (9), made a report to the Governor in Council with respect to that person and the Governor in Council has made a decision in relation thereto.

Report to Governor in Council

(9) The Review Committee shall, on completion of an investigation in relation to a report made to it pursuant to subsection (2), made a report to the Governor in Council containing its conclusion whether or not a certificate should be issued under subsection 40(1) and the grounds on which that conclusion is based.

Report to person concerned

(10) The Review Committee shall, at the same time as or after a report is made pursuant to subsection (9), provide the person with respect to whom the report is made with a report containing the conclusion referred to in that subsection.

40.

40.

Security certificate

(1) Where, after considering a report made by the Review Committee referred to in subsection 39(9), the Governor in Council is satisfied that the person with respect to whom the report was made is a person described in paragraph 19(1)(c.2), subparagraph 19(1)(d.ii), paragraph 19(1)(e), (f), (g) (k) or (l) or 27(1)(a.1), subparagraph 27(1)(a.3)(ii) or paragraph 27(1)(g) or (h), the Governor in Council may direct the Minister to issue a certificate to that effect.

Effect of certificate

(2) A certificate issued under subsection (1) is, in any prosecution or other proceeding under or arising out of this Act, conclusive proof of the matters stated therein without proof of the signature or official character of the person appearing to have signed the certificate unless called into question by the Minister.

40.1

40.1

Certificate

(1) Notwithstanding anything in this Act, where the Minister and the Solicitor General of Canada are of the opinion, based on security or criminal intelligence reports received and considered by them, that a person, other than a Canadian citizen or permanent resident, is a person described in subparagraph 19(1)(c.1)(ii), paragraph 19(1)(c.2), (d), (e), (f), (g), (j), (k) or (l) or subparagraph 19(2)(a.1)(ii), they may sign and file a certificate to that effect with an immigration officer, a senior immigration officer or an adjudicator.

Delay of inquiry

(2) Where a certificate is signed and filed in accordance with subsection (1):

(a)an inquiry under this Act concerning the person in respect of whom the certificate is filed shall not be commenced, or if commenced shall be adjourned, until the determination referred to in paragraph (4)(d) has been made; and

(b)a senior immigration officer or an adjudicator shall, notwithstanding section 23 or 103 but subject to subsection (7.1), detain or make an order to detain the person names in the certificate until the making of the determination.

Reference to Federal Court

(3) Where a certificate referred to in subsection (1) is filed in accordance with that subsection, the Minister shall:

(a)forthwith cause a copy of the certificate to be referred to the Federal Court for a determination as to whether the certificate should be quashed; and

(b)within three days after the certificate has been filed, cause a notice to be sent to the person named in the certificate informing the person that a certificate under this section has been filed and that following a reference to the Federal Court a deportation order may be made against the person.

Judicial consideration to certificate

(4) Where a certificate is referred to the Federal Court pursuant to subsection (3), the Chief Justice of that Court or a judge of that Court designated by the Chief Justice for the purposes of this section shall:

(a)examine within seven days, in camera, the security or criminal intelligence reports considered by the Minister and the Solicitor General and hear any other evidence or information that may be presented by or on behalf of those Ministers and may, on the request of the Minister or the Solicitor General, hear all or part of such evidence or information in the absence of the person named in the certificate and any counsel representing the person where, in the opinion of the Chief Justice or the designated judge, as the case may be, the evidence or information should not be disclosed on the grounds that the disclosure would be injurious to national security or to the safety of persons;

(b)provide the person named in the certificate with a statement summarizing such information available to the Chief Justice or the designated judge, as the case may be, as will enable the person to be reasonably informed of the circumstances giving rise to the issue of the certificate, having regard to whether, in the opinion of the Chief Justice or the designated judge, as the case may be, the information should not be disclosed on the grounds that the disclosure would be injurious to national security or to the safety of persons;

(c)provide the person named in the certificate with a reasonable opportunity to be heard;

(d)determine whether the certificate filed by the Minister and the Solicitor General is reasonable on the basis of the evidence and information available to the Chief Justice or the designated judge, as the case may be, and, if found not to be reasonable, quash the certificate; and

(e)notify the Minister, the Solicitor General and the person named in the certificate of the determination made pursuant to paragraph (d).

Evidence

(5) For the purpose of subsection (4), the Chief Justice or the designated judge may, subject to subsection (5.1), receive, accept and base the determination referred to in paragraph (4)(d) on such evidence or information as the Chief Justice or the designated judge sees fit, whether or not the evidence or information is or would be admissible in a court of law.

Information obtained in confidence from foreign governments

(5.1) For the purposes of subsection (4),

(a)the Minister or the Solicitor General of Canada may make an application, in camera and in the absence of the person named in the certificate and any counsel representing the person, to the Chief Justice or the designated judge for the admission of information obtained in confidence from the government or an institution of a foreign state or from an international organization of states or an institution thereof;

(b)the Chief Justice or the designated judge shall, in camera and in the absence of the person named in the certificate and any counsel representing the person,

(i)examine that information, and

(ii)provide counsel representing the Minister or the Solicitor General of Canada with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the person named in the certificate on the grounds that the disclosure would be injurious to national security or to the safety of persons;

(c)that information shall be returned to counsel representing the Minister or the Solicitor General of Canada and shall not be considered by the Chief Justice or the designated judge in making the determination referred to in paragraph (4)(d), if:

(i)the Chief Justice or the designated judge determines:

(A)that the information is not relevant, or

(B)that the information is relevant and should be summarized in the statement to be provided pursuant to paragraph (4)(b) to the person named in the certificate, or

(ii)the Minister or the Solicitor General of Canada withdraws the application; and

(d)if the Chief Justice or the designated judge determines that the information is relevant but should not be disclosed to the person named in the certificate on the grounds that the disclosure would be injurious to national security or to the safety of persons, the information shall not be summarized in the statement provided pursuant to paragraph (4)(b) to the person named in the certificate but may be considered by the Chief Justice or the designated judge in making the determination referred to in paragraph (4)(d).

No appeal

(6) A determination under paragraph (4)(d) is not subject to appeal or review by any court.

Certificate is conclusive proof

(7) Where a certificate has been reviewed by the Federal Court pursuant to subsection (4) and has not been quashed pursuant to paragraph (4)(d):

(a)the certificate is conclusive proof that the person named in the certificate is a person described in subparagraph 19(1)(c.1)(ii), paragraph 19(1)(c.2), (d), (e), (f), (g), (k) or (l) or subparagraph 19(2)(a.1)(ii); and

(b)the person named in the certificate shall, notwithstanding section 23 or 103 but subject to subsection (7.1), continue to be detained until the person is removed from Canada.

Release of person named in certificate

(7.1) The Minister may order the release of a person who is named in a certificate that is signed and filed in accordance with subsection (1) to order to permit the departure from Canada of the person, regardless of whether the Chief Justice or the designated judge has yet made the determination referred to in paragraph (4)(d).

Right to apply

(8) Where a person is detained under subsection (7) and is not removed from Canada within 120 days after the making of the removal order relating to that person, the person may apply to the Chief Justice of the Federal Court or to a judge of the Federal Court designated by the Chief Justice for the purposes of this section for an order under subsection (9).

Order for release

(9) On an application referred to in subsection (8) the Chief Justice or the designated judge may, subject to such terms and conditions as the Chief Justice or designated judge deems appropriate, order that the person be released from detention if the Chief Justice or designated judge is satisfied that:

(a)the person will not be removed from Canada within a reasonable time; and

(b)the person's release would not be injurious to national security or to the safety of persons.

Hearing of application

(10) On the hearing of an application referred to in subsection (8), the Chief Justice or the designated judge shall:

(a)examine, in camera, and in the absence of the person making the application and any counsel representing that person, any evidence or information presented to the Minister in relation to national security or the safety of persons;

(b)provide the person making the application with a statement summarizing the evidence or information available to the Chief Justice or designated judge in relation to national security or the safety of persons having regard to whether, in the opinion of the Chief Justice or the designated judge, as the case may be, the evidence or informatin should not be disclosed on the grounds that the disclosure would be injurious to national security or to the safety of persons; and

(c)provide the person making the application with a reasonable opportunity to be heard.

Evidence

(11) For the purposes of subsection (10), the Chief Justice or the designated judge may receive and accept such evidence or information as the Chief Justice or the designated judge sees fit, whether or not the evidence or information is or would be admissible in a court of law.

40.2

40.2

Effect of certificate

An adjudicator does not have jurisdiction to determine the constitutionality of sections 30 to 41.1.

Claims to Canadian Citizenship

41.

41.

Where claim to Canadian citizenship at inquiry

(1) Where, at any time during an inquiry, the person who is the subject of the inquiry claims to be a Canadian citizen and the adjudicator presiding at the inquiry is not satisfied that the person is a Canadian citizen, the inquiry shall be continued and, if it is determined that, but for the person's claim that the person is a Canadian citizen, a removal order would be made against that person, the inquiry shall be adjourned.

Application for certificate of citizenship

(2) Where an inquiry in respect of a person is adjourned pursuant to subsection (1), that person's claim that he is a Canadian citizen shall be referred to such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of the Citizenship Act and that person shall forthwith make an application for a certificate of citizenship pursuant to subsection 12(1) of that Act.

42.

42.

Where certificate of citizenship issued

(1) Where a certificate of citizenship is issued under section 12 of the Citizenship Act to a person who is the subject of an inquiry, the adjudicator who was presiding at the inquiry or any other adjudicator shall terminate the inquiry and let that person come into or remain in Canada, as the case may be.

Where inquiry resumed

(2) An inquiry that was adjourned pursuant to subsection 41(1) shall be resumed as soon as reasonably practicable, by the adjudicator who was presiding at the inquiry or by any other adjudicator, where:

(a)the person who was the subject of the inquiry does not forthwith make an application for a certificate of citizenship pursuant to subsection 12(1) of the Citizenship Act;

(b)a certificate of citizenship is not issued under section 12 of the Citizenship Act to that person within six months from the day on which the inquiry was adjourned or within such greater period of time as the adjudicator considers appropriate in the circumstances; or

(c)the adjudicator who was presiding at the inquiry or any other adjudicator is notified by the Minister that it has been determined that a certificate of citizenship will not be issued to that person.

Idem

(3) Where an inquiry is resumed pursuant to subsection (2), the adjudicator shall make the removal order that would have been made but for the claim of the person who was the subject of the inquiry that the person was a Canadian citizen.

Convention Refugee Claim

43.

43.Repealed

44.

44.

Refugee claim

(1) Any person who is in Canada, other than a person against whom a removal order has been made but not executed, unless an appeal from that order has been allowed, and who claims to be a Convention refugee may seek a determination of the claim by notifying an immigration officer.

Reference to senior immigration officer

(2) An immigration officer who is notified pursuant to subsection (1) shall forthwith refer the claim to a senior immigration officer.

Determination by adjudicator

(3) Where a person who is the subject of an inquiry claims in accordance with subsection (1) to be a Convention Refugee, the adjudicator shall determine whether the person may be permitted to come into or remain in Canada, as the case may be, and shall take the appropriate action under subsection 32(1), (3) or (4) or section 32.1, as the case may be, in respect of that person.

Idem

(4) Where a claim to be a Convention refugee by a person who is the subject of an inquiry is referred to a senior immigration officer and the senior immigration officer determines, before the conclusion of the inquiry, that the person is not eligible to have the claim determined by the Refugee Division, the adjudicator shall take the appropriate action under section 32 in respect of the person.

Deemed single claim

(5)Subject to sections 46.3 and 46.4, where a person makes more than one claim to be a Convention refugee, those claims are, for the purposes of this Act, deemed to be a single claim.

45.

45.

Determination by senior immigration office

(1) Where a person's claim to be a Convention refugee is referred to a senior immigration officer, the senior immigration officer shall

(a)subject to subsection (2), determine whether the person is eligible to have the claim determined by the Refugee Division; and

(b)if the person is the subject of a report under subsection 20(1) or 27(1) or (2) or has been arrested pursuant to subsection 103(2), take the appropriate action referred to in any of subsections 23(4), (4.01) or (4.2) or 27(4) and (6) or section 28.

Exception

(2) Where a person referred to in subsection (1) is alleged to be a person described in paragraph 19(1)(c), subparagraph 19(1)(c.1)(i) or paragraph 19(1)(e), (f), (g), (j), (k) or (l), the senior immigration officer shall not make the determination referred to in paragraph (1)(a) until an adjudicator determines that the person is, or is not, a person described in any of those paragraphs.

Determination to be in writing

(3) On making a determination under paragraph (1)(a), the senior immigration officer shall notify the person in writing of the determination and, where the person is determined not to be eligible to have claim to be a Convention refugee referred to the Refugee Division, shall include in the notification the basis for the determination.

Burden of proof

(4) The burden of proving that a person is eligible to have a claim to be a Convention refugee determined by the Refugee Division rests on the person.

Duty to provide information

(5) Every person who claims to be a Convention refugee shall truthfully provide such information as may be required by the senior immigration officer to whom the person's claim is referred for the purpose of determining whether the person is eligible to have the claim determined by the Refugee Division.

46.

46.Repealed

46.01

46.01

Access criteria

(1) A person who claims to be a Convention refugee is not eligible to have the claim determined by the Refugee Division if the person

(a)has been recognized as a Convention refugee by a country, other than Canada, that is a country to which the person can be returned;

(b)came to Canada, directly or indirectly, from a country, other than a country of the person's nationality or, where the person has no country of nationality, the country of the person's habitual residence, that is a prescribed country under paragraph 114(1)(s);

(c)has, since last coming into Canada, been determined

(i)by the Refugee Division not to be a Convention refugee or to have abandoned the claim, or

(ii)by a senior immigration officer not to be eligible to have the claim determined by the Refugee Division;

(d)has been determined under this Act, orthe regulations, to be a Convention refugee; or

(e)has been determined by an adjudicator to be

(i)a person described in paragraph 19(1)(c) or subparagraph 19(1)(c.1)(i) and the Minister is of the opinion that the person constitutes a danger to the public in Canada,

(ii)a person described in paragraph 19(1)(e), (f), (g), (j), (k), or (l) and the Minister is of the opinion that it would be contrary to the public interest to have the claim determined under this Act;

(iii) a person described in subparagraph 27(1)(a.1)(i) and the Minister is of the opinion that the person constitutes a danger to the public in Canada, or

(iv) a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed and the Minister is of the opinion that the person constitutes a danger to the public in Canada.

Idem

(1.1) A person who claims to be a Convention Refugee on or after the day on which this subsection comes into force is not eligible to have the claim determined by the Refugee Division if

(a)the person had, before that day, claimed to be a Convention Refugee and the person was determined not to have a credible basis for the claim;

(b)the person was, before that day, issued a departure notice; and

(c)the person has not left Canada since the departure notice was issued.

Application may be suspended

(2) The Minister may, by order, suspend the application of paragraph (1)(b) for such period, or in respect of such classes of persons, as may be specified in the order.

Coming to Canada

(3) For the purposes of paragraph (1)(b), (a) subject to any agreement entered into pursuant to section 108.1, a person who is in a country solely for the purpose of joining a connecting flight to Canada shall not be considered as coming to Canada from that country; and (b)a person who comes to Canada from a country shall be considered as coming to Canada from that country whether or not the person was lawfully in that country.

Burden of proof

(4) For the purposes of paragraph (1)(b), where a person who has come to Canada in a vehicle seeks to come into Canada without a valid and subsisting passport or travel document issued to that person and claims to be a Convention refugee, the burden of proving that the person had not come to Canada from the country in which the vehicle last embarked passengers rests on that person.

Last coming to Canada

(5) A person who goes to another country and returns to Canada within ninety days shall not, for the purposes of paragraph (1)(c), be considered as coming into Canada on that return.

46.02

46.02

Right to make claim

Where a senior immigration officer determines that a person is eligible to have a claim determined by the Refugee Division, the senior immigration officer shall forthwith refer the claim to the Refugee Division in the manner and form prescribed by rules made under subsection 65(1).

46.03

46.03

Reference of claim to Refugee Division

(1) Where a removal order is made against a person who has been determined not to be eligible to have a claim to be a Convention Refugee determined by the Refugee Division on the basis that the person is a person described in paragraph 46.01(1)(b), but the person

(a)cannot be removed from Canada to a country prescribed pursuant to paragraph 114(1)(s),

(b)having been removed from Canada, is allowed to come into Canada pursuant to paragraph 14(1)(c), or

(c)having been allowed to leave Canada voluntarily, has not been permitted entry to the country from which the person had to come to Canada and is allowed to come to Canada pursuant to paragraph 14(1)(c),

a senior immigration officer shall forthwith refer the claim to the Refugee Divisionin the manner and within the period prescribed by rules made under subsection 65(1).

Obligation to provide information

(2) A person whose claim is referred to the Refugee Division pursuant to section 46.02 or subsection (1) shall, in the manner and within the period prescribed by rules made under subsection 65(1), provide the Refugee Division with such information as required by the rules.

46.04

46.04

Application for landing

(1) Any person who is determined by the Refugee Division to be a Convention refugee may, within the prescribed period, apply to an immigration officer for landing of that person and any dependent of that person, unless the Convention refugee is

(a)a permanent resident;

(b)a person who has been recognized by any country, other than Canada, as a Convention refugee and who, if removed from Canada, would be allowed to return to that country;

(c)a national or citizen of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; or

(d)a person who has permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear or persecution, and who, if removed from Canada, would be allowed to return to that country.

(2) Repealed

Grant of landing

(3) Notwithstanding any other provision of this Act, but subject to subsections (3.1) and (8), an immigration officer to whom an application is made under subsection (1) shall grant landing to the applicant and to any dependentfor whom landing is sought if the immigration officer is satisfied that neither the applicant nor any member of those dependents is a persondescribed in paragraph 19(1)(c.1), (c.2), (d), (e), (f), (g), (j), (k), or (l) or a person who has been convicted of an 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.

Exception

(3.1) An immigration officer may grant landing under subsection (3) only if

(a)the time normally limited for filing an application for leave to commence an application for judicial reviewunder the Federal Court Act in respect of the Refugee Division'sdetermination that the person is a Convention Refugee has elapsed without such an application having been filed; or

(b)where the Minister has filed an application for leave to commence an application for judicial review under the Federal Court Act within the time normally limited for doing so, a judgement is made in respect of the Refugee Division's determination by the FederalCourt - Trial Division, Federal Court of Appeal or Supreme Court of Canada that finally disposes of the matter.

Terms and conditions

(4) An immigration officer who grants landing to an applicant pursuant to this section may impose terms and conditions of a prescribed nature in connection therewith.

Abandonment of application

(5) If an applicant under subsection (1) is, in the opinion of the immigration officer, in default in the prosecution of the application, the immigration officer may, after giving the applicant a reasonable opportunity to be heard, declare the application to have been abandoned.

Notice of decision

(6) An immigration officer to whom an application is made under subsection (1) shall render the decision on the application as soon as possible and shall send a written notice of the decision to the applicant.

Deeming provision

(7) Where a person who is determined to be a Convention refugee is a person against whom a removal order or conditional removal order is made is granted landing under this section, the order shall be deemed never to have been made.

No grant of landing

(8) An immigration officer shall not grant landing either to an applicant under subsection (1) or to any dependant of the applicant until the applicant is in possession of a valid and subsisting passport or travel document or a satisfactory identity document.

46.05

46.05Repealed

46.06

46.06Repealed

46.07

46.07

Direction to reopen inquiry

(1) Where any person against whom a removal order or a conditional removal order is made, by an adjudicator is determined by the Refugee Division to be a Convention refugee and

(a)is a person described in paragraph 46.04(1)(a), (b), (c) or (d),

(b)fails to apply for landing under section 46.04 within the time limited therefor,

(c)is declared to have abandoned an application under section 46.04,

(d)withdraws an application for landing under section 46.04, or

(e)is refused landing on an application under section 46.04,

a senior immigration officer shall cause the inquiry with respect to the person to be reopened by the adjudicator who presided at the inquiry or by any other adjudicator as soon as practicable.

Determination of right to remain in Canada

(1.1) Subject to subsection (6), where any person against whom a removal order or conditional removal order is made by a senior immigration officer is determined by the Refugee Division to be a Convention refugee and the person is a person described in any of paragraphs (1)(a) to (e), a senior immigration officer shall determine whether or not the person has a right under subsection 4(2.1) to remain in Canada.

Determination of right to remain in Canada

(2) Where an inquiry is reopened pursuant to this section, the adjudicator shall determine whether or not the person who is the subject of the inquiry has a right under subsection 4(2.1) to remain in Canada.

Where no right to remain in Canada

(3) Where a senior immigration officer or an adjudicator determines that a person does not have a right under subsection 4(2.1) to remain in Canada, the senior immigration officer or adjudicator shall

(a)confirm the order made against that person; or

(b)quash the order made with respect to that person and take the appropriate action under subsection 23(4), (4.01) or (4.2) or 27(4) or (6) or section 32.

Where right to remain in Canada

(4) Where a senior immigration officer or an adjudicator determines that a person has a right under subsection 4(2.1) to remain in Canada, the senior immigration officer or adjudicator shall quash the removal order or the conditional removal order and, notwithstanding any other provision of this Act or the regulations, shall allow the person to remain in Canada,

Additional allegations

(5) In making the determination referred to in subsection (1.1) or (2) and in taking the appropriate action under subsection 23(4), (4.01) or (4.2) or 27(4) or (6) or section 32 with respect to a person, the senior immigration officer or adjudicator may take into consideration

(a)any allegation respecting the person not previously made if that person is the subject of a report under paragraph 20(1)(a); or

(b)where that person is not the subject of a report under paragraph 20(1) (a), any allegation that is set out in a report under subsection 27(1) or (2) if the Deputy Minister has issued a direction pursuant to subsection 27(3) that a determination be made with respect to the allegation.

Inquiry

(6) Where any additional allegation referred to in subsection (5) in respect of a person is not an allegation with respect to which a senior immigration officer may make a removal order, the senior immigration officer shall, as soon as is practicable, cause an inquiry to be held with respect to that person.

46.1

46.1

Notification to Refugee Division by Senior immigration officer

(1) A senior immigration officer shall forthwith notify the Refugee Division and, in the circumstances described in subsection 23(4.01) or (4.2) or 27(6), shall cause an inquiry to be held concerning the person as soon as is reasonably practicable where, after a person's claim has been referred to the Refugee Division, the senior immigration officer believes on reasonable grounds that

(a) the person is a member of an inadmissible class described in paragraph 19(1)(c) or subparagraph 19(1)(c.1)(i);

(b)the person is a person described in subparagraph 27(1)(a.1)(i); or

(c) the person is a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed.

Suspension of consideration of case

(2) On being notified pursuant to subsection (1), the Refugee Division shall suspend its consideration of the case and shall

(a) continue its consideration of the case, where it receives notice that a senior immigration officer has made a determination under paragraph 45(1)(a) that the person is eligible to have their claim determined by the Refugee Division; or

(b) terminate its consideration of the case, where it receives notice that a senior immigration officer has made a determination under paragraph 45(1)(a) that the person is not eligible to have their claim determined by the Refugee Division.

46.2

46.2

Resumption of consideration of case

(1) A senior immigration officer shall request that the Refugee Division forthwith resume its consideration of a person's claim where the senior immigration officer believes on reasonable grounds that, because a final decision has been made in the matter, the person to whom section 46.1 applies is no longer a member of an inadmissible class referred to in paragraph 19(1)(c) or subparagraph 19(1)(c.1)(i) or a person described in subparagraph 27(1)(a.1)(i) or paragraph 27(1)(d).

Effect

(2) Where subsection (1) applies and, immediately before the decision referred to in paragraph 46.1(2)(b) was made, the person was subject to a removal order on a basis other than that the person is a person referred to in subsection 46.1(1), the person is deemed to be subject to a conditional departure order or a conditional deportation order, as the case may be, from the day on which the person ceases to belong to an inadmissible class referred to, or to be a person described, in that subsection.

Application of certain provisions

(3) Subsections 28(2) and 32.1(6) apply in respect of a conditional order referred to in subsection (2).

46.3

46.3

Multiple claims

(1) Where a person's claim has been referred to the Refugee Division, a senior immigration officer shall forthwith notify the Refugee Division where

(a) the senior immigration officer is satisfied that the person has made more than one claim to be a Convention Refugee; and

(b) the claim that was referred to the Refugee Division is not the first claim to have been referred to a senior immigration officer with respect to that person.

Effect

(2) On being notified pursuant to subsection (1), the Refugee Division shall terminate its consideration of the claim and any decision made by the Refugee Division in respect of the claim is null and void.

46.4

46.4

Fraudulent claims

(1) Where a person's claim has been referred to the Refugee Division and a senior immigration officer is satisfied that the decision with respect to the eligibility of the person to have their claim referred was based on fraud or a misrepresentation of a material fact and the person would not otherwise be eligible to have their claim referred, the senior immigration officer shall forthwith

(a) make a determination that the person is ineligible to have their claim referred to the Refugee Division; and

(b) notify the Refugee Division of that determination.

Effect

(2) On being notified pursuant to subsection (1), the Refugee Division shall terminate its consideration of the claim and any decision made by the Refugee Division in respect of the claim is null and void.

Service of orders

47.

47.

Service of orders

A removal order or conditional removal order or a copy thereof shall, in such manner as is prescribed, be served on the person against who it is made and on such other persons as are prescribed.

Execution of orders

48.

48.

Time of execution

Subject to sections 49 and 50, a removal order sall be executed as soon as reasonably practicable.

49.

49.

Stay of execution

(1) Subject to subsection (1.1), the execution of removal order made against a person is stayed

(a)in any case where the person against whom the order was made has a right of appeal to the Appeal Division, at the request of the person until the time provided for the filing of the appeal has elapsed;

(b)in any case where an appeal from the order has been filed with the Appeal Division, until the appeal has been heard and disposed of or has been declared by the Appeal Division to be abandoned;

(c)subject to paragraph (d) and (f), in any case where a person has been determined by the Refugee Division not to be a Convention refugee or a person's appeal from the order has been dismissed by the Appeal Division,

(i)where the person against whom the order was made files an application for leave to commence a judicial review proceeding under the Federal Court Act or signifies in writing to an immigration officer an intention to file such an application, until the application for leave has been heard and disposed of or the time normally limited for filing an application for leave has elapsed and, where leave is granted until the judicial review proceeding has been heard and disposed of.

(ii)in any case where the person has filed with the Federal Court of Appeal an appeal of the decision of the Federal Court-Trial Division where a juge of the Court has the time of rendering judgment certified in accordance to section 83(1) that a serious question of general importance was involved and has stated the question, or signifies in writing to an immigration officer an intention to file a notice of appeal to commence such an appeal, until the appeal has been heard and disposed of or time normally limited for filing an appeal has elapsed, as the case may be, and

(iii)in any case where a person files an application for leave to appeal or signifies in writing to an immigration officer an intention to file an application for leave to appeal a decision of the Federal Court of Appeal on an appeal refered to in subparagraph (ii) to the Supreme Court of Canada, until the application for leave to appeal has been heard and disposed of or the time normally limited for filing an application for leave to appeal has elapsed and, where leave to appeal is granted, until the appeal has been heard and disposed of or the time normally limited for filing the appeal has elapsed, as the case may be;

(d)in any case where a person who has claimed to be a Convention refugee or whose appeal has been dismissed by the appeal Division has been determined by an adjudicator to be a person described in paragraph 19(1)(c), (c.2), (d), (e), (f), (g), (j), (k), or (l), 19(2)(a), (a.1) or (b), 27(1)(a), (a.1), (a.2), (a.3), (d), (g) or (h) or 27(2)(d), until seven days have elapsed from the time the order was made or became effective, whichever is later, unless the person agrees that the removal order may be executed before the expiration of that seven day period;

(e)in any case where a person has been determined to be not eligible to have a claim to be a Convention refugee refered to the Refugee Division, until seven days have elapsed from the time the order was made or became effective, whichever is later, unless the person agrees that the removal order may be executed before the expiration of that seven day period; and

(f)in any case where a person has been determined pursuant to subsection 69.1(9.1) not to have a credible basis for the claim to be a Convention refugee, until seven have elapsed from thetime the order became effective, unless the person agrees that the removalorder may be executed before the expiration of that seven day period.

Exception

(1.1)Subsection (1) does not apply to

(a)a person residing or sojourning in the United States or St. Pierre and Miquelon who is subject of the report made pursuant to paragraph 20(1)(a); or

(b)a person who has been determined to be not elegible to make a claim to be a Convention refugee by reason of paragraph 46.01(1)(b) and who is to be removed to a country with which the minister has entered into an agreement under section 108.1 for sharing the responsability for examining refugee claims.

Idem

(2) A reopening of an enquiry pursuant to section 35 stays the execution of a removal order pending the decision of the adjudicator.

50.

50.

Execution stayed where other proceedings

(1) A removal order shall not be executed where

(a)the execution of the order would directly result in a contravention of any other order made by any judicial body or officer in Canada; or

(b)the presence in Canada of the person against whom the order was made is requires an any criminal proceeding and the Ministerstays the execution of the order pending the completion of those proceedings.

Not to be executed until after sentence completed

(2) A removal order that has been made against a person who was, at the time it was made, an inmate of a peniteniary, jail, reformatory or prison or becomes an inmate of such an institution before the order is executed shall not be executed until the person has completed the sentence or term of imprisonment imposed, in whole or as reduced by a statute or other law or by an act of clemency.

51.

51.

Validity not affected by lapse of time

No removal order becomes invalid by reason of any lapse of time between its making and execution.

52.

52.

Voluntary departure

(1) Unless otherwise directed by the Minsiter, a person against whom an exclusion order or a deportation order is made may be allowed to leave Canada voluntarily and to select the country for which that person wishes to depart.

Place to which removed

(2) Where a person is not allowed to leave Canada voluntarily and to select the country for which he wishes to depart pursuant to subsection (1), that person shall, subject to subsection (3), be removed from Canada to

(a)the country from which that person came to Canada;

(b)the country in which that person last permanently resided before he came to Canada;

(c)the country of which that person is a national or citizen; or

(d)the country of that person's birth.

Idem

(3) Where a person is to be removed from Canada and no country referred to in subsection (2) is willing to receive him, the person, with the approval of the Minister, or the Minister, may select any other country that is willing to receive that person within a reasonable time as the country to which that person shall be removed.

Idem

(4) Notwithstanding subsections (1) and (2), where a removal order is made against a person described in paragraph 19(1)(j), the person shall be removed from Canada to a country selected by the Minister that is willing to receive the person.

52.1

52.1

Return to Canada

Where a removal order, other than a removal order that may be appealed to the Appeal Division, has been made against a person and the person is removed from or otherwise leaves Canada, the person may, at the expense of the Minister, return to Canada, if the person is subsequently successful in having the removal order set aside.

53.

53.

Prohibited removal

(1) Notwithstanding subsections 52(2) and (3), no person who is determined under this Act or the regulations, to be a Convention refugee nor any person who has been determined to be not eligible to have a claim to be a Convention refugee determined by the Refugee Division on the basis that the person is a person described in paragraph 46.01(1)(a) shall be removed from Canada to a country where the person's life or freedom would be threatened for reasons of race, religion, nationality, membership in a particular social group or political opinion unless

(a)the person isa member of an inadmissible class described in paragraph 19(1)(c) or subparagraph 19(1)(c.1)(i) and the Minister is of the opinion that the person constitutes a danger to the public in Canada;

(b)the person is a member of an inadmissible class described in paragraph 19(1)(e, (f), (g), (j), (k), or (l) and the Minister is of the opinion that the person constitutes a danger to the security of Canada; or

(c) the person is a person described in subparagraph 27(1)(a.1)(i) and the Minister is of the opinion that the person constitutes a danger to the public in Canada; or

(d) the person is a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed and the Minister is of the opinion that the person constitutes a danger to the public in Canada.

Idem

(2) Notwithstanding subsections 52(2) and (3), no person who has been determined not to be eligible to have a claim to be a Convention refugee determined by the Refugee Division on the basis that the person is a person described in paragraph 46.01(1)(b) shall be removed from Canada to any country other than the country from which the person came to Canada as determined for the purposes of that paragraph unless

(a)the country to which the person is to be removed is a prescribed country under paragraph 114(1)(s); or

(b)the person, following a reference of the claim to the Refugee Division pursuant to subsection 46.03, is determined by the Refugee Division not to be a Convention refugee.

54.

54.

Where no execution of removal order

(1) Where a person against whom a removal order is made is removed from or otherwise leaves Canada, the order shall be deemed not to have been executed if the person is not granted lawful permission to be in any other country, and that person may, notwithstanding subsection 55(1), come into Canada without the consent of the Minister.

Idem

(2) Where a person against whom a removal order is made is transferred for a foreign state in accordance with a transfer order made under the Mutual Legal Assistance in Criminal Matters Act, the removal order shall be deemed not to have executed by reason only of the transfer of the person may, notwithstanding subsection 55(1), come into Canada without the consent of the Minister.

Idem

(3) Where a person against whom a conditional removal order is made is transferred to a foreign state in accordance with a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and the conditional removal order subsequently becomes effective under subsection 32.1(6), the removal order shall be deemed not to have been executed by reason only of the transfer of the person to the foreign state, and that person, may, notwithstanding subsection 55(1), come into Canada without the consent of the Minister.

Effect of Removal Orders

55.

55.

Effect of deportation order

(1) Subject to section 56, where a deportation order is made against a person, the person shall not, after he is removed from or otherwise leaves Canada, come into Canada without the written consent of the Minister unless an appeal form the order has been allowed.

Effect of exclusion order

(2) Subject to section 56, where an exclusion order is made against a person, other than a person who has claimed to be a Convention Refugee, the person shall not, after the person is removed from or otherwise leaves Canada, come into Canada without the written consent of the Minsiter during the twelve month period immediately following the day on which that person is removed from or otherwise leaves Canada unless an appeal from the order has been allowed.

Person may return to Canada

(3) A person against whom a departure order has been made

(a)who

(i)complies with section 32.01, is issued a certificate of departure under that section and leaves Canada voluntarily before the expiration of the applicable period specified for the purposes of subsection 32.03(1), or

(ii)is removed from Canada before the expiration of that period and has been issued a certificate of departure under section 32.01, or

(b)who is detained before the expiration of the applicable period specified for the purposes of subsection 32.02(1), who is still indetention under this Act at the expiration of the period and who is subsequently removed from Canada,

may, if the person otherwise meets the requirements of this Act and the regulations, return to Canada without the written consent of the Minister.

55.1

55.1

Repayment of costs of deportation

A person to whom a departure order is issued that is deemed under section 32.02 to be a deporation order and who is subsequently removed from Canada shall not come into Canada unless the person has paid to Her Majesty the removal costs prescribed under regulations made pursuant to paragraph 114(1)(r) or, in the absence of any such regulations, has reimbursed Her Majesty for any costs incured by Her Majesty in deporting the person.

56.

56.

Where person allowed to return by Appeal Division

(1) Where, pursuant to section 75, the Appeal Division allows a person to return to Canada for the fearing of his appeal against a removal order, the person may come into Canada for that purpose without the consent of the Minister.

Where execution of removal order stayed

(2) Where, pursuant to subsection 73(1), the Appeal Division directs that the execution of a removal order be stayed, the person against whom the order was made does not require the consent of the Minister to come into Canada at any time during the period for which the execution is stayed.

PART IV - CLAIMS AND APPEALS

Establishment of Board

57.

57.

Board continued

(1) The Immigration and Refugee Board, comprising three divisions, to be called the Convention Refugee Determination Division, the Immigration Appeal Division, and the Adjudication Division is hereby continued.

Constitution of Board

(2) The Board shall consist of the Chairperson of the Immigration and Refugee Board and the members of the Refugee Division, the Appeal Division, and the Adjudication Division.

58.

58.

Chairperson

(1) The Chairperson shall be appointedby the Governor in Council to hold office duringgood behaviour for a term not exceeding sevenyears, but may be removed by the Governor in Council at any time for cause.

Chairperson is member of all Divisions

(2) The Chairperson is by virtue of holding that office a member of the Refugee Division, the Appeal Division and the Adjudication Division.

Chief executive officer

(3) The Chairperson is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board.

Delegation

(4) The Chairperson may authorize any Deputy Chairperson or Assistant Deputy Chairperson of the Refugee Division or Appeals Division and any coordinating member of the Refugee Division to exercise any power or perform any duty or function of the Chairperson under this Act, other than

(a)the power to make rules under subsection 65(1),

(b)any power, duty or function in relation to the Adjudication Division, or

(c)the power to delegate under this subsection

and, if so exercised or performed, the power, duty or function shall be deemed to have been exercised or performed by the Chairperson.

Idem

(4.1) The Chairperson may authorize the Director General of the Adjudication Division or any director of the Adjudication Division to exercise any power or perform any duty or function of the Chairperson under this Act in relation to the Adjudication Division, other than

(a)the power to to make rules under subsection 65(1 ), or

(b)the power to delegate under this subsection,

and, if so exercised or performed, the power, duty or function shall be deemed to have been exercised or performed by the Chairperson.

Absence, incapacity or vacancy

(5) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Minister may authorize the Deputy Chairperson (Convention Refugee Determination Division) or the Deputy Chairperson (Immigration Appeal Division) to act as Chairperson for the time being, and a Deputy Chairperson so acting has and may exercise all the powers and perform all the duties and functions of the Chairperson.

59.

59.

Constitution of Refugee Division

(1) The Refugee Division shall consist of such full-time members and part-time members as are appointed by the Governor inCouncil.

Designations

(2) The Governor in Council shall designate from among the full-time members of the Refugee Division

(a)one member to be Deputy Chairperson (Convention Refugee Determination Division); and

(b)not more than ten members to be Assistant Deputy Chairpersons (Convention Refugee Determination Division).

Coordinating members

(3) The Governor in Council shall designate from among the full-time members of the Refugee Division members to be coordinating members at the ratio of one coordinating member to every fifteen members of the Refugee Division.

Membership in other Division

(4) The members of the Refugee Division are by virtue of holding that office members of the Appeal Division, and the members of the Appeal Division are by virtue of holding that office members of the Refugee Division, but members of the Refugee Division shallnot be counted in determining the membership of the Appeal Division under subsection 60(1).

60.

60.

Constitution of Appeal Dsvision

(1) The Appeal Division shall consist of not more than thirty members.

Designations

(2) The Governor in Council shall designate from among the members of the Appeal Division one member toe be Deputy Chairperson (Immigration Appeal Division) and not more than five members to be Assistant Deputy Chairpersons (Immigration Appeal Division).

61.

61.

Appointment and tenure of members

(1) Each member of the Refugee Division and the Appeal Division shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding seven years.

Qualification

(2) The Deputy Chairperson (Immigration Appeal Division), a majority of the Assistant Deputy Chairpersons (Immigration Appeal Division) and not less than ten per cent of the members of the Refugee Division and the Appeal Division shall be barristers or advocate 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.

Re-appointment

(3) The Chairperson, each member of the Refugee Division and each member of the Appeal Division are eligible for re-appointment in the same or another capacity.

(4) [Repealed]

Full-time members

(5) The Chairperson. each full-time member of the Refugee Division and each member of the Appeal Division shall devote the whole of their time to the performance of heir duties under this Act.

62.

62.

Remuneration

(1) The Chairperson each full-time member of the Refugee Division and each member of theAppeal Division shall be paid such remuneration as is fixed by the Governor in Council.

Fees

(2) Each part-time member of the Refugee Division shall be paid such fees for services rendered under this Acts as are fixed by the Governor in Council.

Expenses

(3) The Chairperson. each member of the Refugee Division and each member of the Appeal Division are entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of the performance of their duties under this Act.

Application of Public Service Superannuation Act

(4) For the purposes of the Public Service Superannulation Act, the Chairperson and the members of the Refugee Division and the Appeal Division shall be deemed to be employed in the Public Service.

63.

63.

Disposition after member ceases to hold office

(1) Any person who has resigned or otherwise ceased to hold office as a member of the Refugee Division, Adjudication Division or Appeal Division may, at the request of the Chairperson, at any time within eight weeks after that event, make, or take part in the disposition of any matter previously heard by that person and, for that purpose, the person shall be deemed to be such a member.

Disposition where member unable to take part

(2) Where a person to whom subsection (1) applies or any other member by whom a matter has been heard is up able to take part in the disposition thereof or has died, the remaining members, if any, who heard the matter may make the disposition and, for that purpose, shall be deemed to constitute the Refugee Division or the Appeal Division, as the case may be.

63.1

63.1

Inquiries

(1) Where the Chairperson considers it appropriate to do so, the Chairperson may recommend to the Minister that an inquiry be held as to whether any member of the Refugee Division or Appeal Division should be subject to any disciplinary measures for any reason set out in any of paragraphs 63.2(2)(a) to (d).

Appointment

(2) Where the Minister considers that it is appropriate that an inquiry under this section be held a judge, supernumerary judge or form judge of the Federal Court, in this section and section 63.2 referred to as the "judge", shall conduct the inquiry.

Powers

(3) A judge conducting an inquiry under this section has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power

(a)to issue a summons to any person requiring that person to appear at the time and place mentioned therein to testify with respect to all matters within that person's knowledge relative tothe inquiry and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and to bring and produce any document, book or paper that the person has or controls relative to the inquiry; and

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

Inquiry public

(4) Subject to subsections (5) and (6) an inquiry under this section shall be conducted in public.

Confidentiality

(5) Where a judge conducting an inquiry under this section is satisfied, during the inquiry, or as a result of the inquiry being conducted in public, as the case may be,

(a)that matters involving public security may be disclosed,

(b)that financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public, or

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

the judge may, on application therefor, take such measures and make such order as the judge considers necessary to ensure the confidentiality of the inquiry.

Idem

(6) Where a judge conducting an inquiry under this section considers it appropriate to to so, the judge may take such measures and make such order as the judge considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (5).

Rules of evidence

(7) A judge conducting an- inquiry under this section is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceeding and considered credible or trustworthy in the circumstances of the case.

Rights to be heard

(8) Every person in respect of whom an inquiry under this section is conducted shall be given reasonable notice of the subjectmatter of the inquiry and of the time and place of any hearing thereof and shall be given an opportunity, in person or by counsel, to be heart at the hearing, to cross-examine witness and to adduce evidence.

63.2

63.2

Report of inquiry

(l) After an inquiry under section 63.1 has been completed, the judge who conducted the inquiry shall report the conclusions of the inquiry to the Minister and submit the report of the inquiryto the Minister.

Recommendations

(2) Where an inquiry under section 63.1 has been held and, in the opinion of the judge who conducted the inquiry, the member of the Refugee Division or Appeal Division in respect of whom the inquiry was held

(a)has become incapacitated from the due execution of that office by reason of infirmity,

(b)has been guilty of misconduct,

(c)has failed in the due execution of that office, or

(d)has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office,

the judge may, in the report of the inquiry, recommend that the member be suspended without pay or be removed from office or may recommend that such other disciplinary measure as the judgemay specify be taken.

Governor in Council may suspend or remove

(3) Forthwith on receiving a report under subsection (1) the Minister shall forward the report to the Governor in Council, who may suspend without pay, remove from office or take any otherdisciplinary measure against the member to whom the report relates.

63.3

63.3

Composition of Adjudication Division

(1) The Adjudication Division shall consist of the Director General of the Adjudication Division and such directors and adjudication as are necessary to carry out the duties and functions of adjudicators under this Act.

Appointment

(2) The Director General, the directors of the Adjudication Division and the adjudicators shall be appointed or employed in accordance with the Public Service Employment Act.

Powers, duties and functions

(3) The Chairperson, the Director General and the directors of the Adjudication Division have all the powers and may carry out the duties and functions of adjudicators.

64.

64.

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 and the Chairperson and such members of the Refugee Division and members of the Appeal Division as may be designated by the Governor in Council shall live in that Region or within reasonable commuting distance thereof.

Executive Director

(2) There shall be an Executive Director of the Board, who shall be appointed by the Governor in Council to hold office during pleasure for a term fixed by the Governor in Council and shall be paid such remuneration as the Governor in Council may fix and who shall exercise or perform such administrative powers, duties or functions as may be prescribed by rules made under subsection 65(1) or assigned by the Chairperson.

Other staff

(3) Such officers, employees, counsel and refugee hearing officers as are necessary for the proper conduct of the business of the Board shall be appointed in accordance with the Public Service Employment Act.

Application of Public Service Superannuation Act

(4) For the purposes of the Public Service Superannulation Act, the Executive Director of the Board and the employees and counsel of the Board shall be deemed so be employed in the Public Service.

Experts

(5) The Chairperson may engage and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons who have special knowledge to assist the Refugee Division, Appeal Division or Adjudication Division in any matter.

65.

65.

Rules

(1) Subject to the approval of the Governor in Council, the Chairperson, in consultation with the Deputy Chairperson (Convention Refugee Determination Division), the Deputy Chairperson (Immigration Appeal Division), and the Director General (Adjudication Division) may make rules

(a)governing the activities of, and the practice and procedure in, the Refugee Division, the Appeal Division, and the Adjudication Division including the functions of counsel employed by the Board;

(b)prescribing a system of priorities for dealing with matters before the Refugee Division, the Appeal Division, and the Adjudication Division; and

(c)prescribing the information that may be required under subsection 46.03(2) and the manner and the time within which it must be provided;

(d)governing the determination under subsection 69.1(7.1) of claims of persons who claim to be Convention refugees; and

(e)prescribing any matter authorized by this Act to be prescribed by the rules.

Tabling in Parliament

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

Guidelines

(3) The Chairperson may, after consulting with the Deputy Chairperson and the Assistant Deputy Chairpersons of the Refugee Division and the Appeal Division and the coordinating members of the Refugee Division, issue guidelines to assist the members of the Refugee Division and Appeal Division in carrying out their duties under this Act.

Idem

(4) The Chairperson may, after consulting with the Director General and the directors of the Adjudication Division, issue guidelines to assist the members of the Adjudication Division in carrying out their duties under this Act.

66.

66.

Annual report

The Chairperson shall, before the commencement of each fiscal year, submit to the Minister a report on the activities of the Board in the preceding calendar year, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minsiter receives the report.

Convention Refugee Determination Division

67.

67.

Sole and exclusive jurisdiction

(1) The Refugee Division has, in respect of proceedings under sections 69.1 and 69.2 sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction.

Powers

(2) The Refugee Division, and each member thereof, has all the powers and authority of a commissioner appointed under Part I of the Inquiries Act and, without restricting the generality of the foregoing, may, for the purposes of a hearing.

(a)issue a summons to any person requiring that person to appear at the time and place mentioned therein to testify with respect to all matters within that person's knowledge relative to the subject-matter of the hearing and to bring and produce any document, book or paper that the person has or controls relative to that subject-matter;

(b)administer oaths and examine any person on oath;

(c)issue commissions or requests to take evidence in Canada;and

(d)do any other thing necessary to provide a full and proper hearing.

68.

68.

Sittings

(1) The Refugee Division shall sit at such times and at such places in Canada as are considered necessary by the chairperson for the proper conduct of its business.

Informal proceedings

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

Rules of evidence

(3) The Refugee Division is not bound by any legal or technical rules of evidence and, in any proceedings before it, it may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.

Notice of facts

(4) The Refugee Division may, in any proceedings before it, take notice of any facts that may be judicially noticed and, subject to subsection (5), of any other generally recognized facts and any information or opinion that is within its specialized knowledge.

Notification of intention

(5) Before the Refugee Division takes notice of any facts, information or opinion, other than facts that may be judicially noticed, in any proceedings, the Division shall notify the Minister, if present at the proceedings,, and the person who is the subject of the proceedings of its intention and afford them a reasonable opportunity to make representations with respect thereto.

68.1

68.1

Power of refugee hearing officer

A refugee hearing officer who is appointed under subsection 64(3) may, in accordance with rules made under subsection 65(1) governing the activities of the Refugee Division, call and question any person who claims to be a Convention refugee and any other witnesses, present documents and make presentations.

69.

69.

Right to counsel

(1) In any proceedings before the Refugee Division, the Minister may be represented at the proceedings by counsel or an agent and the person who is the subject of the proceedings may, at that person's own expense, be represented by a barrister or solicitor or other counsel.

Confidentiality

(2) Subject to subsection (3) and (3.1), proceedings before the Refugee Division shall be held in the presence of the person who is the subject of the proceedings, wherever practicable, and be conducted in camera or, if an application therefor is made, in public.

Idem

(3) Where the Refugee Division is satisfied that there is a serious possibility that the life, liberty or security of any person would be endangered by reason of any of its proceedings being held in public, it may, on application therefor, take such measures and make such order as it considers necessary to ensure the confidentiality of the proceedings.

Idem

(3.1) Where the Refugee Division considers it appropriate to do so, it may take such measures and make such order as it considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (3).

United Nations High Commissioner for Refugees

(3.2) Notwithstanding subsection (2) or any measure taken or order made pursuant to subsection (3) or (3.1), the Refugee Division shall allow any representative or agent of the United Nations High Commissioner for Refugees to attend any proceedings before it as an observer.

Representation

(4) Where a person who is the subject of proceedings before the Refugee Division is under eighteen years of age or is unable, in the opinion of the Division, to appreciate the nature of the proceedings, the Division shall designate another person to represent that person in the proceedings.

Honorarium and expenses

(5) A person designated pursuant to subsection (4) to represent a person in proceeding before the Refugee Division shall be paid such honorarium as is fixed by the Chairperson and such reasonable expenses as are incurred by the designated person in connection with the representation, unless the designated person is the parent or guardian of the person represented.

Adjournments

(6) The Refugee Division shall not adjourn any proceedings before it, unless it is satisfied that an adjournment would not unreasonably impede the proceedings.

Presiding member where proceedings adjourned

(7) Proceedings before the Refugee Division that are adjourned may be resumed before any member or members of the Refugee Division other than the member or members who presided at the adjourned proceedings if the person who is the subject of the proceedings and the Minister, if taking part in the proceedings, consent thereto or if no substantive evidence was adduced before the adjournment.

69.1

69.1

Hearing into refugee claims

(1) Subject to subsection (2), where a person's claim to be a Convention refugee is referred to the Refugee Division pursuant to section 46.02 or 46.03, the Division shall, as soon as practicable, commence a hearing into the claim.

Idem

(2) Where a person's claim to be a Convention refugee is referred to the Refugee Division pursuant to section 46.02 or 46.03, the Division shall, if the Minister so requests in writing at the time of the referral, provide the Minister with the information referred to in subsection 46.03(2) and, as soon as is practicable after the expiration of the period referred too in subsection (7.1), commence a hearing into the claim.

Notice of hearing

(3) The Refugee Division shall notify the person who claims to be a Convention refugee and the Minister in writing of the time and place set for the hearing into the claim.

(4) [Repealed]

Opportunity to be heard

(5) At the hearing into a person's claim to be a Convention refugee, the Refugee Division

(a)shall give

(i)the person a reasonable opportunity to present evidence, question witnesses and make representations, and

(ii)the Minister a reasonable opportunity to present evidence and, if the Minister notifies the Refugee Division that the Minister is of the opinion that matters involving section E or F of Article 1 of the Convention of subsection 2(2) of this Act are raised by the claim, to question the person making the claim and other witnesses and make representations; and

(b)may, if it considers it appropriate to do so, give the Minister a reasonable opportunity to question the person making the claim and any other witnesses and to make representations concerning the claim.

Abandonment of claim

(6) Where a person who claims to be a Convention refugee

(a)fails to appear at the time and place set by the Refugee Division for the hearing into the claim or,

(b)fails to provide the Refugee Division with the information referred to in subsection 46.03(2), or

(c)in the opinion of the Division, is otherwise in default in the prosecution of the claim,

the Refugee Division may, after giving the person a reasonable opportunity to be heard, declare the claim to have been abandoned and, where it does so, the Refugee Division shall send a written notice of its decision to the person and to the Minister.

Quorum

(7) Subject to subsection (8), two members constitute a quorum of the Refugee Division for the purposes of a hearing under this section.

Acceptance of claim without hearing

(7.1) Notwithstanding subsections (1) and (2), where the Minister does not, at any time within the period prescribed by rules made under subsection 65(1), notify the Refugee Division that the Minister intends to participate in accordance with subsection (5) at any hearing into a person's claim to be a Convention refugee, a member of the Refugee Division may, in accordance with any rules made under paragraph 65(1)(d), determine that the person is a Convention refugee without a hearing into the matter.

Exception

(8) One member of the Refugee Division may hear and determine a claim under this section if the person making the claim consents thereto, and the provisions of this Part apply in respect of a member so acting as they apply in respect of the Refugee Division and the disposition of the claim by the member shall be deemed to be the disposition of the Refugee Division.

Decision

(9) The Refugee Division shall determine whether or not the person referred to in subsection (1) is a Convention refugee and shall render its decision as soon as possible after completion of the hearing and send a written notice of the decision to the person and the Minister.

Where no credible basis for claim

(9.1) If each member of the Refugee Division hearing a claim is of the opinion that the person making the claim is not a Convention refugee and is of the opinion that there was no credible or trustworthy evidence on which that member could have determined that the person was a Convention refugee, the decision on the claim shall state that there was no credible basis for the claim.

Split decision

(10) Subject to subsection (10.1), in the event of a split decision, the decision favourable to the claimant shall be deemed to be the decision of the Refugee Division.

Idem

(10.1) Where, with respect to any person who claims to be a Convention refugee, both members of the Refugee Division hearing the claim are satisfied

(a)that there are reasonable grounds to believe that the person, without valid reason, has destroyed or disposed of identity documents that were in the person's possession.

(b)that the person has, since making the claim, visited the country that the person claims to have left, or outside of which the person claims to have remained, by reason of fear of persecution, or

(c)that the country that the person claims to have left, or outside of which the person claims to have remained, by reason of fear of persecution is a country that is prescribed under paragraph 114(1)(s.1) to be a country that respects human rights,

then, in the event of a split decision on the claim, the decision not favourable to the person shall be deemed to be the decision of the Refugee Division.

Written reasons

(11) The Refugee Division may give written reasons for its decision or a claim, except that

(a)if the decision is against the person making the claim, the Division shall, with the written notice of the decision referred to in subsection (9), give written reasons with the decision;and

(b)if the Minister or the person making the claim requests written reasons within ten days after the day on which the Minister or claimant is notified of the decision, the Division shall forthwith give written reasons.

69.2

69.2

Applications for determination of cessation of refugee status

(1) The Minister may make an application to the Refugee Division for a determination whether any person who was determined under this Act or the regulations to be a Convention refugee has ceased to be a Convention refugee.

Application to vacate

(2) The Minister may, with leave of the Chairperson, make an application to the Refugee Division to reconsider and vacate any determination under this Act or the regulations that a person is a Convention refugee on the ground that the determination was obtained by fraudulent means or misrepresentation, suppression or concealment of any material fact, whether exercised or made by that person or any other person.

Leave to apply

(3) An application to the Chairperson for leave to apply to the Refugee Division under subsection (2) shall be made ex parte and in writing and the Chairperson may grant that leave if the Chairperson is satisfied that evidence exists that, if it had been known to the Refugee Division, could have resulted in a different determination.

Notice

(4) An application to the Refugee Division under this section shall be instituted by filing, in the manner and form prescribed by the rules of the Board, a notice of application with the Refugee Division.

Copy

(5) Where a notice of application is filed with the Refugee Division pursuant to subsection (4), the Minister shall forthwith send a copy of the notice to the person who is the subject of the application.

69.3

69.3

Hearing

(1) Where an application to the Refugee Division is made under section 69.2, the Refugee Division shall conduct a hearing into the application, after having notified the Minister and the person who is the subject of the application of the time and place set for the hearing, and shall afford the Minister and that person a reasonable opportunity to present evidence, cross-examine witnesses and make representations.

Abandonment of applications

(2) If the Minister's counsel or agent fails to appear at the time and place set by the Refugee Division for the hearing into the application or, in the opinion of the Division, is otherwise in default in the prosecution of the application, the Division may, after giving the Minister a reasonable opportunity to be heard, declare the application to have been abandoned.

Quorum

(3) Three members constitute a quorum of the Refugee Division for the purposes of a hearing under this section.

Decision

(4) The Refugee Division shall approve or reject the application and shall render its decision as soon as possible after completion of the hearing and send a written notice of the decision to the Minister and the person who is the subject of the application.

Rejection of otherwise established application

(5) The Refugee Division may reject an application under subsection 69.2(2) that is otherwise established if it is of the opinion that, notwithstanding that the determination was obtained by fraudulent means or misrepresentation, suppression or concealment of any material fact, there was other sufficient evidence on which the determination was or could have been based.

Split decision

(6) In the event of a split decision, the decision of the majority of the members hearing the application shall be deemed to be the decision of the Refugee Division.

Written reasons

(7) The Refugee Division may give written reasons for its decision on an application, except that

(a)if the decision is against the person who is the subject of the application, the Division shall, with the written notice of the decision referred to in subsection (4), give written reasons with the decision; and

(b)if the Minister or the person who is the subject of the application requests written reasons within ten days after the day on which the Minister or person is notified of the decision, the Division shall forthwith give written reasons.

Immigration Appeal Division.

69.4

69.4

Court of record

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

Sole and exclusive jurisdiction

(2) The Appeal Division has, in respect of appeals made pursuant to sections 70, 71, and 77, sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction, that may arise in relation to the making of a removal order or the refusal to approve an application for landing made by a member of the family class.

Powers

(3) The Appeal Division has, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record and, without limiting the generality of the foregoing, may

(a)issue a summons to any person requiring that person to appear at the time and place mentioned therein to testify with respect to all matters within that person's knowledge relative to a subject-matter before the Division and to bring and produce any document, book or paper that the person has or controls relative to that subject-matter;

(b)administer oaths and examine any person on oath; and

(c)during a hearing, receive such additional evidence as it may consider credible or trustworthy and necessary for dealing with the subject-matter before it.

Notification of disposition

(4) The Appeal Division shall, in accordance with the rules made under subsection 65(1), notify the parties to an appeal made pursuant to section 70 or 71 of its disposition of the appeal.

Written reasons

(5) The Appeal Division shall forthwith give written reasons for its disposition of any appeal made pursuant to section 70 or 71 where either of the parties to the appeal has so requested within ten days after having been notified of the disposition of the appeal.

69.5

69.5

Sittings

(1) The Appeal Division shall sit at such times and at such places in Canada as are considered necessary by the Chairman for the proper conduct of its business.

Quorum

(2) Three members constitute a quorum of the Appeal Division.

Exception

(3) Notwithstanding subsection (2), the Chairman may designate a member of the Appeal Division to hear and determine

(a)an appeal made under section 70, 71, or 77,

(b)an application made under section 75, or

(c)a motion made pursuant to the rules made under subsection 65(1)

and the provisions of this Part apply in respect of a member so designated as they apply in respect of the Appeal Division and the disposition of the appeal, application or motion by the member shall be deemed to be the disposition of the Appeal Division.

70.

70.

Appeals by permanent residents and persons in possession of returning resident permits

(1) Subject to subsections (4) and (5), where a removal order or conditional removal order is made against a permanent resident or against a personlawfully in possession of a valid returning resident permit issued to that person pursuant to the regulations, that person may appeal to the Appeal Division on either or both of the following grounds, namely,

(a)on any ground of appeal that involves a question of law or fact, or mixed law and fact; and

(b)on the ground that, having regard to all the circumstances of the case, the person should not be removed from Canada.

Appeals by convention refugees and persons with visas

(2) Subject to subsections (3) to (5), an appeal lies to the Appeal Division from a removal order or conditional removal order made against a person who

(a)has been determined under this Act or the regulations to be a Convention refugee but is not a permanent resident; or

(b)seeks landing or entry and, at the time that a report with respect to the person was made by an immigration officer pursuant to paragraph 20(1)(a), was in possession of a valid immigrant visa, in the case of a person seeking landing, or a valid visitor's visa, in the case of a person seeking entry.

Grounds for appeal

(3) An appeal to the Appeal Division under subsection (2) may be based on either or both of the following grounds:

(a)on any ground of appeal that involves a question of law or fact, or mixed law and fact; and

(b)on the ground that, having regard to the existence of compassionate or humanitarian considerations, the person should not be removed from Canada.

Limitation

(3.1) No appeal may be made to the Appeal Division by a person with respect to whom a certificate has been filed under subsection 40.1(1) where it has been determined, pursuant to paragraph 40.1(4)(d), that the certificate is reasonable.

Where limited right of appeal

(4) A person described in subsection (1) or paragraph (2)(a) against whom a deportation order or conditional deportation order is made may appeal to the Appeal Division on any ground of appeal that involves a question of law or fact, or mixed law and fact, where the person is

(a) a person, other than a person described in subsection (5), with respect to whom a certificate referred to in subsection 40(1) has been issued; or

(b) a person, other than a person described in subsection (3.1), who has been determined by an adjudicator to be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (j) or (l).

Where limited right of appeal

(5) No appeal may be made to the Appeal Division by a person described in subsection (1) or paragraph (2)(a) or (b) against whom a deportation order or conditional deportation order is made where the Minister is of the opinion that the person constitutes a danger to the public in Canada and the person has been determined by an adjudicator to be

(a) a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2) or (d);

(b) a person described in paragraph 27(1)(a.1); or

(c) a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed.

Exception

(6) Where the Appeal Division directs that the execution of a deportation order or conditional deportation order be stayed, the direction is of no effect and, notwithstanding subsection 74(2), the Appeal Division may not review the case, where the Minister is of the opinion that the person has breached the terms and conditions set by the Appeal Division and that the person constitutes a danger to the public in Canada and the person has been determined by an adjudicator to be

(a) a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2) or (d);

(b) a person described in paragraph 27(1)(a.1); or

(c) a person described in paragraph 27(1)(d) who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of ten years or more may be imposed.70.1

71.

71.

Appeal by Minister

The Minister may appeal to the Appeal Division from a decision by an adjudicator in the course of an inquiry on any ground of appeal that involves a question of law or fact, or mixed law and fact.

72.

72.

Reopening of inquiry

(1) The Appeal Division may order that an inquiry that has given rise to an appeal be reopened before the adjudicator who presided at the inquiry or any other adjudicator for the receiving of any additional evidence or testimony.

Minutes and adjudicator's assessment

(2) The adjudicator who presides at an inquiry reopened under subsection (1) shall file a copy of the minutes of the reopened inquiry, together with the adjudicator's assessment of the additional evidence or testimony, with the Appeal Division for its consideration in disposing of the appeal.

73.

73.

Disposition of appeal

(1) The Appeal Division may dispose of an appeal made pursuant to section 70

(a)by allowing it;

(b)by dismissing it;

(c)in the case of an appeal made pursuant to paragraph 70(1)(b) or 70(3)(b) respecting a removal order, by directing that execution of the order be stayed; or

(d)in the case of an appeal made pursuant tp paragraph 70(1)(b) or 70(3)(b) respecting a conditional removal order, by directing that execution of the order on its becoming effective be stayed.

Idem

(2) The Appeal Division may dispose of an appeal made pursuant to section 71

(a)by allowing it and making the removal order or conditional removal order that the adjudicator who was presiding at the inquiry should have made; or

(b)by dismissing it.

Deemed appeal in certain cases where appeal allowed

(3) Where the Appeal Division disposes of an appeal made pursuant to section 71 by allowing it and making a removal order or conditional removal order against the person concerned, that person shall, where the person would have had an appeal pursuant to this Act if the order had been made by an adjudicator after an inquiry, be deemed to have made an appeal to the Appeal Division pursuant to paragraph 70(1)(b) or 70(3)(b), as the case may be.

74.

74.

Where appeal allowed

(1) Where the Appeal Division allows an appeal made pursuant to section 70, it shall quash the removal order or conditional removal order that was made against the appellant and may

(a)make any other removal order or conditional removal order that the should have been made; or

(b)in the case of an appellant other than a permanent resident, direct that the appellant be examined as a person seeking admission at a port of entry.

Terms of stay of execution

(2) Where the Appeal Division disposes of an appeal by directing that execution of a removal order or conditional removal order be stayed, the person concerned shall be allowed to come into or remain in Canada under such terms and conditions as the Appeal Division may determine and the Appeal Division shall review the case from time to time as it considers necessary and advisable.

Appeal Division may amend terms or cancel direction

(3) Where the Appeal Division has disposed of an appeal by directing that execution of a removal order or conditional removal order be stayed, the Appeal Division may, at any time,

(a)amend any terms and conditions imposed under subsection (2) or impose new terms and conditions; or

(b)cancel its direction stating the execution of the order and

(i)dismiss the appeal and direct that the order be executed as soon as reasonably practicable, or

(ii)allow the appeal and take any other action that it might have taken pursuant to subsection (1).

75.

75.

Return to Canada for hearing of appeal

Where a person against whom a removal order or conditional removal order has been made is removed from or otherwise leaves Canada and informs the Appeal Division in writing of his desire to appear in person before the Appeal Division on the hearing of the appeal against the order, the Appeal Division may, if an appeal has been made, allow the person to return to Canada for that purpose under such terms and conditions as it may determine.

76.

76.

Appeal declared abandoned

Where a person against whom a removal order or conditional removal order has been made files an appeal against that order with the Appeal Division but fails to communicate with the Appeal Division on being requested to do so or fails to inform the Appeal Division of the person's most recentaddress, the Appeal Division may declare the appeal to be abandoned.

Appeals by Sponsors

77.

77.

Where sponsored applications for landing may be refused

(1) Where a person has sponsored an application for landing made by a member of the family class , an immigration officer or a visa officer, as the case may be, may refuse to approve the application on the grounds that

(a)the person who sponsored the application does not meet the requirements of the regulations respecting persons who sponsor applications for landing; or

(b)the member of the family class does not meet the requirements of this Act or the regulations, and the person who sponsored the application shall be informed of the reasons for the refusal.

Sponsor to be informed

(2) Notwithstanding subsection (1), where an application for landing made by a member of the family class is refused on the grounds that the member of the family class is a person described in any of paragraphs 19(1)(c.1) to (g), (k) and (1), the person who sponsored the application shall be informed of those grounds but not of the reasons on which those grounds are based.

Appeals by sponsors

(3) Subject to subsections (3.1), (3.02) and (3.1), a Canadian citizen or permanent resident who has sponsored an application for landing that is refused pursuant to subsection (1) may appeal to the Appeal Division on either or both of the following grounds:

(a)on any ground of appeal that involves a question of law or fact, or mixed law and fact; and

(b)on the ground that there exist compassionate or humanitarian considerations that warrant the granting of special relief.

Limitation

(3.01) No appeal lies to the Appeal Division under subsection (3) in respect of a person

(a) with respect to whom a certificate has been filed under subsection 40.1(1) where it has been determined, pursuant to paragraph 40.1(4)(d), that the certificate is reasonable; or

(b)who is a member of an inadmissible class described in paragraph 19(1)(c), (c.1), (c.2) or (d) where the Minister is of the opinion that the person constitutes a danger to the public in Canada.

Exception

(3.1) No appeal lies to the Appeal Division under subsection (3) on any grounds referred to in paragraph (3)(a) where the Canadian citizen or permanent resident who has sponsored the application for landing that is refused pursuant to subsection (1) resides in a province that has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for establishing and applying financial criteria in relation to sponsors if

(a)the refusal is based on the rejection of the person's application for sponsorship by an official of that province on the grounds that the person failed to meet those criteria or failed to comply with any prior undertaking concerningthe sponsorship of any application for landing; and

(b)the laws of that province provide the person with a right to appeal the rejection of the person's application for sponsorship.

Information obtained in confidence

(3.2) With respect to to any appeal to in subsection (3),

(a)the Minister may make an application to the Federal Court - Trial Division, in camera, and in the absence of the appellant and any counsel representing the appellant, for the non-disclosure to the appellant of information obtained in confidence from the government or an institution of a foreign state or from an international organization of states or an institution thereof;

(b)the Court shall, in camera, and in the absence of the appellant and any counsel representing the appellant.

(i)examine the information; and

(ii)provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information should not be disclosed to the appellant on the grounds that the disclosure would be injurious to national security or to the safety of persons;

(c)the information shall be returned to counsel representing the Minister and shall not be considered by the Appeal Division in making its determination on the appeal if, in the Opinion of the Court, the disclosure of the information to the appellant would not be injurious to national security or to the safety of persons; and

(d)if the Court determines that the information should not be disclosed to the appellant on the grounds that the disclosure would be injurious to national security or to the safety of persons, the information shall not be disclosed but may be considered by the Appeal Division in making its determination.

Delay of appeal

(3.3) Where an application referred to in paragraph (3.2)(a) is made, the appeal to which the application relates shall not be commenced or, if commenced, shall be adjourned, until the FederalCourt - Trial Division has made a determination of the application.

Disposition by Appeal Division

(4) The Appeal Division may dispose of an appeal made pursuant to subsection (3) by allowing it or by dismissing it, and shall notify the Minister and the person who made the appeal of its decision and the reasons therefor.

Where appeal allowed

(5) Subject to subsection (6), where the Minister has been notified by the Appeal Division that an appeal has been allowed pursuant to subsection (4), the Minister shall cause the review of the application to be resumed by an immigration officer or a visa officer, as the case may be, and the application shall be approved where it is determined that the person who sponsored the application and the member of the family class meet the requirements of this Act and the regulations, other than those requirements on which the decision of the Appeal Division has been given.

Stay

(6) Where the Minister has been notified by the Appeal Division that an appeal has been allowed pursuant to subsection (4) and theMinister makes an application for leave to commence an application for judicial review in respect of that decision, the application of subsection (5) shall be stayed until the application is disposed of and, where leave is granted, until the judicial review proceeding has been heard and disposed of and all appeals therefrom have been heard and disposed of or the time normally limited for filing such appeals has elapsed.

78.

78.[Repealed]

Notice and Hearing

79.

79.

Notice of appeal

A person who proposes to appeal to the AppealDivision shallgive notice of the appeal in manner and within such time as is prescribed by the rules of the Appeal Division.

80.

80.

Hearings in public

(1) Subject to subsections (2) and (3), an appeal to the Appeal Division shall be conducted in public.

Confidentiality

(2) Where the Appeal Division is satisfied that there is a serious possibility that the life, liberty or security of any person would be endangered by reason of the appeal being conducted in public, the Appeal Division may, on application therefor, take such measures and make such order as it considers necessary to ensure the confidentiality of the appeal

Idem

(3) Where the Appeal Division considers it appropriate to do so, the Appeal Division may take such measures and make such order as it considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (2).

Adjudication Division

80.1

80.1

Sole and exclusive jurisdiction

(1) Subject to section 40.2, an adjudicator has sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of jurisdiction, that may arise in the course of proceedings that are required by this Act to be held before an adjudicator.

Powers

(2) An adjudicator has all the powers and authority of a commissioner appointed under Part I of the Inquiries Act and, without resrticting the generality of the foregoing, may, for the purposes of any proceedings that are required by this Act to be held before an adjudicator,

(a)issue a summons to any person requiring the person to appear at the time and place set out in the summons to testify with respect to all matters within that person's knowledge relative to the subject-matter of the proceedings and to bring and produce any document, book or paper in theperson's possession or under the person's control relative to the subject-matter of the proceedings;

(b)administer oaths and examine any person under oath;

(c)issue commissions or requests to take evidence in Canada; and

(d)do all other things necessary to provide for the full and proper conduct of the proceedings.

Sittings

(3) Adjudicators shall sit at the times and at the places in Canada that are considered necessary by the Chairperson for the proper conduct of their business.

Informal proceedings

(4) An adjudicator shall deal with all proceedings as informally and expeditiously as the circumstances and considerations of fairness permit.

Rules of evidence

(5) An adjudicator is not bound by any legal or technical rules of evidence and, in any proceedings, may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.

Security

81.

81.

Definition of "Review Committee"

(1) In this section and section 82, "Review Committee" has the meaning assigned to that expression by the Canadian Security Intelligence ServiceAct.

Report to Review Committee

(2) Where the Minister and the Solicitor General of Canada are of the opinion based on security or criminal intelligence reports received and considered by them, that a person who has made or is deemed by subsection 73(3) to have made an appeal pursuant toparagraph 70(1)(b) or 70(3)(b) or a member of the family class whose application for landing is the subject of an appeal under subsection 77(3) made by a person who has sponsored the application for landing is a person described,

(a)in the case of a permanent resident, in paragraph 19(1)(c.2), subparagraph 19(1)(d)(ii), paragraph 19(1)(e), (f), (g), (k) or (l) or 27(1)(a.1), subparagraph 27(1)(a.3)(ii) or paragraph 27(1)(g) or (h), or

(b)in any other case, in paragraph 19(1)(c.2), (d), (e), (f) (g), (j), (k) or (l),

they may make a report to the Review Committee.

Notice of appellant

(3) Within ten days after a report referred to in subsection (2) is made, the Minister and the Solicitor General of Canada shall cause a notice to be sent informing the person who made the appeal of the report and stating that following an investigation in relation thereto, the appeal may be dismissed.

Application of the Canadian Security Intelligence Service Act

(4) Where a report is made to the Review Committee pursuant to subsection (2), the Review Committee shall investigate the grounds on which it is based and for that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the investigation as if the investgation were conducted in relation to a complaint made pursuant to section 42 of that Act, except that

(a)a reference in any of those provisions to "deputy head" shall be read as a reference to the Minister and the Solicitor General of Canada; and

(b)paragraph 5O(a) of that Act does not apply with respect to the person concerning whom the report is made.

Statement to be sent to person affected

(5) The Review Committee shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person who made the appeal referred to in that subsection a statement summarizing such information available to it as will enable the person to be as fully informed as possible of the of the circumstances giving rise to the report.

Effect of report

(6) Notwithstanding anything in this Act, where a report concerning any person is made to the Committee pursuant to subsection (2), the hearing of an appeal concerning the person made or deemed by subsection 73(3) to have been made pursuant to paragraph 70(1)(b) or 70(3)(b) or made pursuant to section 77 shall not be commenced or, if commenced, shall be adjourned until the Review Committeehas, pursuant to subsection (7), made a report to de Governor in Council with respect to that person and the Governor in Council has made a decision in relation thereto.

Report to Governor in Council

(7) The Review Committee shall, on completion of an investigation in relation to a report made to it pursuant to subsection (2), make a report to the Governor in Council containing its conclusion whether or not a certificate should be issued under subsection 82(1) and the grounds on which that conclusion is based.

Report to appellant

(8) The Review Committee shall, at the same time as or after a report is made pursuant to subsection (7), provide the person who made the appeal referred to in subsection (2) with a report containing the conclusion referred to in subsection (7).

82.

82.

Security certificates

(1) Where, after considering a report made by the Review Committee referred to in subsection 81(7), the Governor in Council is satisfied that the person with respect to whom the report is made is a person referred to in paragraph 81(2)(a) or (b) as the case may be, the Governor in Council may direct the Minister to issue a certificate to that effect.

Effect of certificate

(2) Notwithstanding anything in this Act, the Appeal Division shall dismiss any appeal made or deemed by subsection 73(3) to have been made pursuant to paragraph 70(1)(b) or 70(3)(b) or made pursuant to section 77 if a certificate referred to in subsection (1), signed by the Minister, is filed with the Appeal Division.

Evidence

(3) A certificate issued under subsection (1) is, in any prosecution or other proceeding under or arising out of this Act, conclusive proof of the matters stated therein and shall be received by the Appeal Division without proof of the signature or official character of the person appearing to have signed the certificate unless called into question by the Minister.

Applications and Appeals to the Federal Court

82.1

82.1

Judicial review by Federal Court

(1) An application for judicial review underthe Federal Court Act with respect to any decision or order made, or any other matter arising, under this Act or the rules or regulations thereunder may be commenced only with leave of a judge of the Federal Court - Trial Division.

Exception

(2) Subsection (1) does not apply with respect to a decision of a visa officer on an application under section 9, 10 or 77 or to any other matter arising thereunder with respect to an application to a visa officer.

Application for leave

(3) An application under this section for leave to commence an application for judicial review shall be filed with the Federal Court - Trial Division and served within fifteen days after the day on which the applicant is notified of the decision or order or becomes aware of the other matter.

Consideration of application for leave

(4) Unless a judge of the Federal Court - Trial Division directs otherwise, an application under this section for leave to commence an application for judicial review shall be disposed of without personal appearance.

Extension

(5) A judge of the Federal Court - Trial Division may, for special reasons, allow an extended time for filing and serving an application under this section for leave to commence an application for judicial review.

Day and place of review

(6) Subject to subsection (7), where leave to commence an application for judicial review is granted, the application for judicial review shall be deemed to have been commenced and the judge granting leave shall fix the day and place for the hearing of the application for judicial review.

Fixing day for review

(7) In fixing a day pursuant to subsection (6), the judge shall set the matter down for a day that is nosooner than thirty days, and no later than ninety days, after the day on which leave to commence the application for judicial review was granted, unless the parties agree that the matter may be set down on an earlier day.

Review in summary way

(8) Any application for leave to commence an application for judicial review, and any application for judicial review, under this section shall be determined without delay and in a summary way.

Right of Minister

(9) The Minister may, in accordance with subsection (1), make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Division whether or not the Minister presented evidence, questioned witnesses, made representations or otherwise took part in the proceedings before the Refugee Division.

Information obtained in confidence

(10) With respect to any application for judicial review of a decision by a visa officer to refuse to issue a visa to a person on the grounds that the person is a person described in any of paragraphs 19(1)(c.1) to (g), (k), and (l),

(a)the Minister may make an application to the Federal Court - Trial Division, in camera, and in the absence of the person and any counsel representing the person, for the non-disclosure to the person of information obtained in confidence from the government or an institution of a foreign state or from an international organization of states or an institution thereof:

(b)the Court shall, in camera, and in the absence of the person and any counsel representing the person,

(i)examine the information, and

(ii)provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information should not be disclosed to the person on the grounds that the disclosure would be injurious to national security or to the safety of persons;

(c)the information shall be returned to counsel representing the Minister and shall not be considered by the Courtin making its determination on the judicial review if, in the opinion of the Court, the disclosure of the information to the person would not be injuriouse to national security or to the safety of persons; and

(d)if the Court determines that the information should not be disclosed to the person on the grounds that the disclosere would be injurious to national security or to the safety of persons, the information shall not be disclosed but may be considered by the Court in making its determination.

82.2

82.2

No appeal from decision of Federal Court - Trial Division on application for leave

No appeal lies to the Federal Court of Appeal from a judgement of the Federal Court - Trial Division on an application under section 82.1 for leave to commence an application for judicial review under the Federal Court Act.

82.3

82.3 [Repealed]

83.

83.

Certification necessary to appeal

(1) A judgement of the Federal Court - Trial Division on an application for judicial review with respect to any decision or order made, or any matter arising, under this Act or the rules or regulations thereunder may be appealed to the Federal Court of Appeal only if the Federal Court - Trial Division has at the time of rendering judgement certified that a serious question of general importance is involved and has stated that question.

Commencement of appeal

(2) Where a judgement of the Federal Court - Trial Division is appealed to the Federal Court of Appeal pursuant to subsection (1), the appeal shall be commenced by filing a notice of appeal within fifteen days after the pronouncement of the judgment.

Extension

(3) A judge of the Federal Court - Trial Division may, for special reasons, extend the time referred to in subsection (2) for filing a notice of appeal.

Refusal not subject to appeal

(4) For greater certainty, a refusal of the Federal Court - Trial Division to certify that a serious question of general importance is involved in any matter is not subject to appeal.

84.

84.

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

(a)applications under section 82.1 for leave to commence an application for judicial review.

(b)applications for judicial review under the Federal Court Act with respect to any decision or order made, or any matter arising, under this Act or the rules or regulations thereunder, and

(c)appeals referred to in section 83,

and those rules shall be binding notwithstanding any rule or proactice that would otherwise be applicable.

Inconsistencies

(2) In the event of an inconsistency between any of the provisions of sections 82.1 to 83 of this Act, and any provision of the Federal Court Act, the provisions of this Act prevail to the extent of the inconsistency.

84.1

84.1[Repealed]

84.2

84.2[Repealed]

PART V - OBLIGATIONS OF TRANSPORTATION COMPANIES

85.

85.

General liability for removal

(1) Subject to subsection (2), a transportation company that has brought a person to Canada shall convey that person or cause that person to be conveyed

(a)to the country from which that person came to Canada, or to such other country as the Minister may approve at the request of the company, in the case of a person who is allowed to leave Canada pursuant to subsection 20(1) or 23(4), (4.01) or (4.2) or who is required to leave Canada by reason of the making of a rejection order;

(b)to the United States, in the case of a person who is required to leave Canada by reason of the making of a direction to return to that country pursuant to subsection 20(2), 23(5); or

(c)to such country as is determined pursuant to subsection 52(2) or (3), in the case of a person who is required to leave Canada by reason of the making of a removal order.

Liability where U.S.A. refuses to allow return

(2) Where a person referred to in subsection (1) has come to Canada through the United States and that country refuses to allow that person to return or to be returned to it, the transportation company that brought the person to the United States shall convey him or cause him to be conveyed

(a)in the case of a person referred to in paragraph (1)(a) or (b), to the country from which the person came to the United States or to such other country as may be approved by the Minister at the request of the transportation company; and

(b)in the case of a person referred to in paragraph (1)(c), to such country other than the United States as is determined pursuant to subsection 52(2) or (3).

Removal costs of persons not admitted

(3) A transportation company is liable to pay all removal costs of any person whom it is required to convey or cause to be conveyed pursuant to this section if the person has not been granted admission and at the time of arrival in Canada was not in possession of a valid and subsisting visa.

Reimbursement for removal costs of persons admitted

(4) A transportation company is entitled to be reimbursed by Her Majesty for the removal costs that it incurs in conveying or causing to be conveyed pursuant to this section any person who has been granted admission or who at the time of arrival in Canada was in possession of a valid and subsisting visa.

Application

(5) This section does not apply in relation to persons who enter Canada as or to become members of a crew.

86.

86.

Liability for removal of members of crew

Where a person enters Canada as or to become a member of a crew of a vehicle and ceases to be a visitor pursuant to subsection 26(1), the transportation company that operates that vehicle may be required by the Minister to convey that person, or cause that person to be conveyed, to the country from which that person came to Canada, or to such other country as the Minister may approve at the request of the company, and the company is liable to pay all removal costs in respect of that person.

87.

87.

Transporation of persons ordered removed

(1) Where, pursuant to section 85 or 86, a transportation company is required to convey a person, or cause a person to be conveyed, from Canada, it shall be notified of that requirement and given an opportunity to convey that person or to cause that person to be conveyed on one of its own vehicles or otherwise.

Idem, by other company

(2) Where a transportation company referred to in subsection (1), after having been notified, is not prompt in furnishing transportation, the Minister may direct that arrangements be made for the removal from Canada, by another transportation company and at the expense of Her Majesty, of the person to be conveyed from Canada.

Reimbursement of costs

(3) The transportation company referred to in subsection (1) is liable, on demand, to reimburse Her Majesty for all removal and detention costs incurred under subsection (2) in respect of the person conveyed from Canada.

88.

88.

Duties of transportation companies

(1) Every transportation company that is required to convey any person who is ordered removed from Canada, is rejected from Canada or is allowed or required to leave Canada shall

(a)detain and guard safely the person concerned until that person can be placed on board the vehicle on which he is to be conveyed; and

(b)accept on board such vehicle, guard safely and convey the person in accordance with the removal or rejection order or other order or direction.

No charge for transportation

(2) A transportation company referred to in subsection (1) shall, subject to any agreement between the company and the person being conveying respecting return fares, refrain from, directly or indirectly, making any charge of taking any remuneration or security in respect thereof.

89.

89.

Duty to present passangers for examination

(1) A transportation company bringing persons to Canada shall, on the arrival of each one of its vehicles in Canada, present each passenger seeking to come into Canada to an immigration officer for examination at such place as may be designated by a senior immigration officer and shall not allow any person to leave the vehicle

(a)at any place other than that designated by a senior immigration officer; or

(b)until permission has been granted by a senior immigration officer.

Required facilities

(2) The Minister may, in writing, require any transportation company to provide, equip and maintain free of charge to Her Majesty adequate areas, offices, laboratories, and other facilities including buildings, accommodation, equipment, furnishings and fixtures for the proper interviewing, examination,and detention of persons brought to Canada or to be removed from Canada via the vehicles, bridges, tunnels, or airports of the company.

Powers of Minister

(3) The Minister may

(a)cause to be made such improvements as the Minister considers desirable to any facility provided pursuant to subsection (2);

(b)post, on or about the facility, any signs that the Minister considers appropriate for its operation or safe use; and

(c)continue to use the facility for as long as the Minister requires it for the purposes mentioned in subsection (2).

Construction and repairs

(4) Where a facility provided pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the transportation company to carry out any construction or repairs in order to render the facility adequate for those purposes, and if the transportation company fails to doso, the Minister may have the construction or repairs carried out and the transportation company shall be liable for all reasonable costs incurred by the Minister, which costs may be recovered by Her Majesty in right of Canada.

Notice

(5) A requirement under subsection (4) shall be communicated by the personal delivery of a notice to the transportation company or by sending the notice to the transportation company, and the notice may specify the period within which or the manner in which the construction or repairs are to be carried out.

Arbitration

(6) Subject to subsection (7) and to any regulations made under paragraph 114(1)(q.11), a dispute over the adequacy of a facility may be resolved by arbitration in accordance with the Commercial Arbitration Act.

Canada Labour Act

(7) Any facility that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed not to be adequate for the purposes mentioned in subsection (2).

89.1

89.1

Duty to check travel documents

(1) Every transportation company shall ensure that the persons it brings to Canada are in possession of all visas, passports, and travel documents required by this Act or the regulations unless the visas, passports and travel documents are being held by the company in accordance with any regulations made under paragraph 114(1)(q.1).

Application

(2) Subsection (1) applies from the time the transportation company embarks the persons at the final embarkation point before arrival in Canada until they are presented to an immigration officer for examination in accordance with subsection 89(1).

90.

90.

Rights of immigration officers

(1) Immigration officers may

(a)board and inspect any vehicle bringing persons to Canada;

(b)examine any person carried by that vehicle;

(c)examine any record or document respecting any such person and seize and remove any such record or document for the purpose of obtaining copies thereof or extracts therefrom; and

(d)hold that vehicle until the inspection and examination are completed.

Order to detain on board vehicle

(2) An immigration officer may order the master of any vehicle to detain and guard safely on board the vehicle any person who arrived in Canada on that vehicle and who

(a)is not seeking admission to Canada;

(b)has been allowed to leave Canada pursuant to subsection 20(1) or 23(4), (4.01) or (4.2); or

(c)is required to leave Canada by reason of the making of a rejection order.

91.

91.

Medical treatment

(1) Where a medical officer is of the opinion that a person seeking to come into Canada is or may be, either pending his admission or pending his leaving Canada where admission has not been granted, suffering from sickness or mental or physical disability or has been in contact with a contagious or infectious disease, a senior immigration officer or a medical officer may direct that the person

(a)be afforded medical treatment or held for observation and diagnosis on board the vehicle by which he was brought to Canada or at an immigration station; or

(b)be taken to a suitable hospital or other place for treatment, observation and diagnosis.

Costs of medical treatment, etc.

(2) Any costs of treatment, medical attention and maintenance incurred with respect to a person described in subsection (1) may be recovered from the transportation company that brought the person to Canada unless that person is in possession of a valid and subsisting visa and the transportation company establishes to the satisfaction of the Deputy Minister that that person's condition is not a result of any negligenceof the transportation company.

Costs of attendant accompanying sick person

(3) A senior immigration officer or a medical officer may, where he considers it advisable for the proper care of a person referred to in subsection (1), authorize that a member of the person's family or other suitable attendant be kept with the person during the period of medical attention and treatment, including, where applicable, the person's journey to the port of entry from which the person will leave Canada, and the costs thereof may be recovered from the transportation company that brought the person referred to in subsection (1) to Canada where costs of treatment, medical attention and maintenance may be recovered from the transportation company pursuant to subsection (2).

Medical and hospital costs for crew members

(4) Where a person who is a member of the crew of a vehicle receives medical treatment or is hospitalized in Canada, the transportation company of whose vehicle that person is a member of the crew shall pay all costs incurred for the medical treatment or hospitalization as well as all costs incurred with respect to the departure from Canada of that person.

91.1

91.1

Administration fees - preliminary assessment

(1) The Minister may, in accordance with the regulations, make a preliminary assessment of an administration fee against a transportation company in respect of any member of class of persons prescribed for the purposes of this section.

(a)who is brought to Canada by the company and who is subject of a report pursuant to paragraph 20(1)(a) or a report pursuant to paragraph 27(2)(f) for having eluded examination; or

(b)who enters Canada as or to become a member of the crew of a vehicle operated by the company and who is the subject of a report pursuant to paragraph 27(2)(e) as a member of a crewwho has ceased to be a visitor pursuant to paragraph 26(1)(c.1).

Notice and written submissions

(2) Notice of a preliminary assessment under subsection (1) shall be given to a transportation company in accordance with any regulations and, within thirty days after the notice is given, the company may file written submissions with the Minister regarding the assessment.

Final assessment and notice

(3) After considering any submissions filed under subsection (2), the Minister may confirm, vary or rescind the preliminary assessment and the company shall, in accordance with any regulations, be given notice of the final assessment.

Deemed final assessment

(4) Where notice is given pursuant to subsection (2) and no written submission is filed within the period referred to in that subsection, the preliminary assessment shall be deemedto be a final assessment, and the transportation company shall be liable under the assessment on the day that immediately follows the expiration of that period.

Liability

(5) Where notice of final assessment is given to a transportation company pursuant to subsection (3), the transportation company shall be liable under the assessment on the day the notice of final assessment is sent to the company.

92.

92.

General security

(1) The Deputy Minister may issue a direction to any transportation company requiring it to deposit with Her Majesty in right of Canada such sum of money, in Canadian currency, or such other prescribed security as the Deputy Director deems necessary as a guarantee that the company will pay all fines and other amounts for which it may become liable under this Act, after the direction is issued.

Special purpose security

(2) Where a vehicle owned or operated by a transportation company that has not deposited the required sum of money or other security pursuant to a direction issued under subsection (1) comes into Canada, the Deputy Minister may issue a direction to the master of the vehicle or to the transportation company requiring the master or company to deposit with Her Majesty in right of Canada such sum of money, in Canadian currency, or such other prescribed security as the Deputy Minister deems necessary as a guarantee that the company will pay all amounts for which it may become liable under this Act in respect of that vehicle, after the direction is issued.

Additional security

(3) Where the Deputy Minister is of the opinion that any prescribed security deposited pursuant to a direction under subsection (1) or (2) does not provide a sufficient guarantee that the transportation company will pay the amounts, the Deputy Minister may issue a direction to the master or the company that deposited the security requiring the master or company to deposit with Her Majesty in right of Canada such sum of money, in Canadian currency, as the Deputy Minister deems necessary as additional security.

Failure to comply with directions

(4) Where a master or a transportation company fails to comply with a direction under subsection (1), (2) or (3), the Minister may direct an immigration officer

(a)to detain any vehicle of the transportation company for a period of not more than forty-eight hours; or

(b)to seize and hold any vehicle fo the company, including any vehicle detained pursuant to paragraph (a).

Failure to pay amounts

(5) Where a transportation company becomes liable to pay an amount under this Act, and the required sum of money or prescribed security has not been deposited in respect of the transportation company pursuant to a direction under subsection (1), (2) or (3), the Minister may direct that an immigration officer

(a)detain any vehicle of the company for the a period of not more than forty-eight hours; or

(b)seize and hold any vehicle of the company, including any vehicle detained pursuant to paragraph (a).

Detention of vehicles

(5.1) A transportation company shall comply with the orders of an immigration officer given pursuant to a direction to detain a vehicle of the company under subsection (4) or (5).

Notice of seizure

(6) A person who seizes a vehicle pursuant to a direction under subsection (4) or (5) shall take such measures as are reasonable in the circumstances to give notice of the seizure to any person who the person seizing the vehicle believes on reasonable grounds is entitled to make an application under section 93.1 in respect of the vehicle.

Return or sale of seized vehicle

(7) Where a vehicle of a transportation company is seized pursuant to a direction under subsection (4) or (5), the Minister may

(a)return the vehicle to the master of the vehicle or to the company on receipt of

(i)an amount equal to the value of the vehicle at the time of its seizure, as determined by the Minister, or any lesser amount acceptable to the Minister, or

(ii)an amount equal to the expense of holding the vehicle and either compliance with the direction to deposit security or receipt of the amount that the company is liableto pay, as the case may be; or

(b)on the expiration of thirty days after the seizure, have the vehicle sold by public auction.

Liable o for costs

(7.1) Where a vehicle of a transportation company is detained pursuant to a direction under subsection (4) or (5), the transportation company shall be liable for all costs that relate to the detention of the vehicle.

Notice of sale

(8) Notice of a sale under subsection (7) setting out the time and place thereof and a general description of the vehicle to be sold shall be published a reasonable time before the vehicle is sold at least once in one or more newspapers of general circulation in the area where the sale is to be held.

Application of proceeds of sale

(9) Any surplus remaining from a sale under subsection (7) after deduction of the sum or other security required to be deposited or the fine or amount, as the case may be, and the expenses incurred in holding and selling the vehicle shall be paid to the transportation company.

Surrender of security

(10) Any sum or prescribed security deposited pursuant to a direction under subsection (1), (2) or (3) may be returned or cancelled on a direction from the Deputy Minister that the sum or security is no longer required.

92.1

92.1

Certificates

(1) Where a master or transportation company does not deposit the required sum of money or other security in accordance with a direction under subsection 92(1), (2) or (3), the Minister may, on the expiration of thirty days after the date of the direction, certify that it has not been deposited.

Judgments

(2) On production to the Federal Court, a certificate under subsection (1) shall be registered in that Court and, when registered, the certificate has the same effect, and all proceedings may be taken to enforce it, as if it were a judgement obtained in that Court for a debt of the amount specified in the certificate.

Costs

(3) The fees for registering the certificate are recoverable in the same way as if they had been certified and the certificate had been registered under this section.

93.

93.

Deduction from security in certain cases

The Minister, on giving written notice to the transportation company, may direct that an amount, not exceeding the maximum amount that the company, owner or master may be found liable to pay, be deducted from any sum of money deposited as a guarantee in respect of the company pursuant to a direction under subsection 92(1), (2) or (3) or be realized from any prescribed security so deposited.

93.1

93.1

Claiming interest

(1) Where a vehicle has been seized pursuant to a direction under subsection 92(4) or (5), any person, other than the master of the vehicle or the transportation company, who claims an interest in the vehicle as owner, mortgagee, lien-holder or holder of any like interest may, within sixty days after the seizure, apply by notice in writing to a judge for an order under subsection (5).

Day of hearing

(2) The judge to whom an application is made under subsection (1) shall fix a day for a hearing of the application not less than thirty days after the day of filing of the application.

Notice

(3) A person making an application under subsection (1) shall serve a notice of the application and of the hearing on the Minister not later than fifteen days after a day for the hearing of the application is fixed pursuant to subsection (2).

Service of notice

(4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the Minister.

Order that interest not affected

(5) Where, on the hearing of an application made under subsection (1), it is made to appear to the satisfaction of the judge that the applicant acquired the interest in respect of which the applicant is applying in good faith prior to the seizure, the applicant is entitled to an order declaring that the applicant's interest is not affected by the seizure and declaring the nature and extent of the applicant's interest.

Appeal

(6) A person who makes an application under subsection (1) or the Minister may appeal to the court of appeal from an order made under subsection (5) and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a judge.

Return of vehicle

(7) The Minister shall, on application made to the Minister by a person who has obtained a final order under this section,

(a)direct that the vehicle to which the interest of the person relates be returned to the person; or

(b)direct that an amount equal to the value of the interest of the person, as declared in the order, be paid to the person.

Limit on amount paid

(8) The total amount paid under paragraph (7)(b) in respect of a vehicle shall, where the vehicle was sold or otherwise disposed of under this Act, not exceed the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the vehicle, and, where there are no proceeds of a disposition of a vehicle under this Act, no payment shall be made pursuant to paragraph (7)(b) in respect of the vehicle.

Definitions

(9) In this section,

"court of appeal" means, in the province in which an order under this section is made, the court of appeal for that province asdefined in the definition "court of appeal" in section 2 of the Criminal Code;

"judge" means

(a)in the province of Quebec, a judge of the Superior Court for the district in which the vehicle, in respect of which an application for an order under this section is made was seized;

(a.1)in the Province of Quebec, a judge of the Ontario Court (General Division);

(b)[Repealed]

(c)in the Provinces of British Columbia, Prince Edward Island and Newfoundland, a judge of the Supreme Court thereof;

(d)in the Provinces of New Brunswick, Manitoba, Alberta and Saskatchewan, a judge of the Court of Queen's Bench thereof; and

(e)in the Yukon Territory and the Northwest Territories, a judge of the Supreme Court thereof.

PART VI - ENFORCEMENT

Offences and Punishment

94.

94.

Specific affences respecting immigration

(1) Every person is guilty of an offence who

(a)comes into Canada at any place other than a port of entry and fails to appear before an immigration officer for examination as required by subsection 12(1);

(b)comes into Canada or remains in Canada by use of a false or improperly obtained passport, visa or other document pertaining to the admission of that person or by reason of any fraudulent or improper means or misrepresentation of any material fact;

(c)Repealed

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

(e)knowingly fails to comply with any term or condition subject to which that person was released from detention pursuant to paragraph 23(3)(b), or subsection 103(3), (3.10), (5) or (7);

(f)eludes examination or inquiry under this Act or, having received a summons under this Act, fails, without valid excuse, to attend an inquiry or a hearingor, where required by any such summons, to produce any document, book or paper that the person has or controls relative to the subject matter of the inquiry or hearing;

(g)refuses to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at any examination, inquiry or hearing under this Act;

(h)knowingly makes any false or misleading statement at any examination, inquiry or hearing under this Act orin connection with the admission of any person or the application for admission by any person,

(h.1)provides information to a senior immigration officer for the purposes of subsection 23(4.1), 27(5) or 45(5) knowing that information tobe false or misleading;

(i)knowingly makes a false promise of employment or any false representation by reason of which a person is induced to seek admission or is assisted in any attempt to seek admission or by reason of which that person's admission is procured;

(j)for the purpose of encouraging, inducing, deterring or preventing immigration into Canada, publishes, disseminates or causes or procures the publication or dissemination of any false or misleading information or representations as to the opportunities for employment in Canada or other false or misleading information or representations knowing that the information or representations are false or misleading;

(k)remains in Canada without the written authority of an immigration officer after having ceased to be a visitor;

(l)knowingly contravenes any existing term or condition subject to which that person was granted admission or contravenes any term or condition added or as varied pursuant to subsection 17(2);

(m)knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene any provision of this Act or the regulations; or

(n)imports or exports, by mail or otherwise, in order to contravene this Act or the regulations, a 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.

Proof of offence

(1.1) Proof that a person imported or exported a forged document or a document or thing referred to in paragraph (1)(n) that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act or the regulations.

Punishment

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

(a)on conviction on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both; or

(b)on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.

94.1

94.1

Organizing entry into Canada

Every person who knowingly organizes, induces, aids or abets or attempts to organize, induce, aid or abet the coming into Canada of a person who is not in possession of a valid and subsisting visa, passport or travel document where one is required by this Act or the regulations is guilty of an offence and liable.

(a)on conviction on indictment, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding five years, or to both; or

(b)on summary conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term no exceeding one year, or to both.

94.2

94.2

Idem

Every person who knowingly organizes,, induces, aids or abets or attempts to organize, induce, aid or abet the coming into Canada of a group of ten or more persons who are not in possession of valid and subsisting visas, passports or travel documents where such visas, passports or travel documents are required by this Act or the regulations is guilty of an offence and liable on conviction on indictment to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding ten years, or to both.

94.3

94.3

No proceedings without consent

Noproceedings for an offence under section 94.1 or 94.2 shall be instituted except by or with the personal consent in writing of the Attorney General of Canada or Deputy Attorney General of Canada.

94.4

94.4

Disembarking persons at sea

Every person who, being the master or a member of a crew of a vehicle sued for transportation by sea, disembarks or allows the disembarkation of, attempts to disembark or attempt to allow the disembarkation of a person or group of persons at sea for the purpose of inducing, aiding or abetting that person or group of persons to come into Canada in contravention of this Act or the regulations is guilty of an offence and liable on conviction on indictment to a fine not exceeding five hundred thousand dollars or to imprisonment not exceeding ten years, or to both.

94.5

94.5

Counselling false statements

Every person who knowingly counsels, induces, aids or abets, or who knowingly attempts to counsel, induce, aid or abet, any other person to make any false and misleading statement in connection with a claim by that other person to be a Convention refugee is guilty of an offence and liable

(a)on conviction on indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years, or to both.

(b)on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both.

94.6

94.6

Offences relating to approved business or funds

(1) Every person is guilty of an offence who

(a)knowingly submits any false or misleading information to the Minsiter in relation to an application for the approval of a business or fund or in a report required in relation to an approved business or fund;

(b)knowingly makes any false or misleading representation about an approved business or fund or falsely represents that a business or fund is approved;

(c)manages or controls an approved business or fund and dails to comply with any term or condition governing the approval; or

(d)fails to do anything that the person is required to do under paragraph 102.001(2)(b) or section 102.003

Punishment

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

(a)on conviction on indictment,

(i)for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both, or

(ii)for a subsequent offence, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years, or to both; or

(b)on summary conviction,

(i)for a first offence, to a fine not exceeding fifty thousand dollars, or

(ii)for a subsequent offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both.

95.

95.

Offences where return is without Minister's consent

Every person against whom a removal order is made who is removed from or leaves Canada and comes into Canada contrary to subsection 55(1) or (2) is guilty of an offence and liable

(a)on conviction on indictment, to imprisonment for a term not exceeding two years; or

(b)on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.

95.1

95.1

Deferral

(1) No person who claims to be a Convention refugee and has notified an immigration officer of the claim shall, pending disposition of the claim, be charged with, or convicted of

(a)an offence under paragraph 94(1)(a), (b), (k) or (l),

(b)an offence under paragraph 94(1)(f), (g) or (h) in relation to an examination of that person under this Act,

(c)an offence under section 95 or98 in relation to the coming into Canada of that person or an examination of that person under this Act, or

(d)an offence under section 57, paragraph 340(c) or any of sections 354, 366, 368, 374, or 403 of the Criminal Code in relation to the coming into Canada of the person,

if that person came to Canada directly from the country that the person left, or outside of which the person remains, by reason of fear of persecution.

Exemptions

(2) No person who is determined under this Act to be a Convention refugee shall be charged with, or convicted of

(a)an offence under paragraph 94(1)(a), (b), (c), (k) or (l),

(b)an offence under paragraph 94(1)(f), (g) or (h) in relation to an examination of that person under this Act,

(c)an offence under section 95 or 98 in relation to the coming into Canada of that person or an examination of that person under this Act, or

(d)an offence under section 57, paragraph 340(c) or any of sections 354, 366, 368, 374, or 403 of the Criminal Code in relation to the coming into Canada of the person,

if that person came to Canada directly from the country that the person left, or outside of which the person remains, by reason of fear of persecution.

Exceptions

(3) Subsections (1) and (2) do not apply to any person who fails to notify an immigration officer of a claim to be a Convention refugee before the day that is

(a)three months after the expiration of the period during which the person is authorized to remain in Canada, in the case of a person who came into Canada as a visitor or under the authority of a permit; or

(b)three months after the person last came into Canada, in any other case.

96.

96.

Unauthorized employment of visitors an others

(1) Every person who knowingly engages in any employment any person, other than a Canadian citizen or permanent resident, who is not authorized under this Act to engage in that employment is guilty of an offence and liable

(a)on conviction on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both; or

(b)on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.

Deemed knowledge

(2) For the purposes of subsection (1), a person knowingly engages in any employment a person who is not authorised to engage in that employment where, by the exercise of reasonable diligence, he would have known that the person was not so authorized.

Identifiable special Social Insurance Number Cards

(3) The Minister may by order direct the Canada Employment Insurance Commisssion continued by the Department of Human Resorces 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 to continue in employment in Canada.

97.

97.

Offences respecting immigration officers and adjudicators

(1) Every person is guilty of an offence who

(a)being an immigration officer or an adjudicator, wilfully makes or issues any false document or statement in respect of any matter relating to his duties under this Act or accepts, agrees to accept or induces or assists any other person to accept any bribe or other benefit in respect of any matter relating to his duties under this Act or otherwise wilfully falis to perform his duties under this Act;

(b)being an immigration officer or an adjudicator, contravenes any provision of this Act or the regulations or knowingly induces, aids or abets or attempts to induce, aid or abet any other person to do so;

(c)gives, offers or promises to give any bribe or consideration of any kind to, or makes any agreement or arrangement with, an immigration officer or an adjudicator to induce him in any way not to perform his duties under this Act;

(d)not being an immigration officer or an adjudicator, personates or holds himself out to be an immigration officer or an adjudicator, or takes or uses any name, title, uniform or description or otherwise acts in any matter that may reasonably lead any person to believe that he is an immigration officer or an adjudicator; or

(e)obstructs or impedes an immigration officer or an adjudicator in the performance of his duties under this Act.

Punishment

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

(a)on conviction on indictment, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both; or

(b)on summary conviction, to a fine not exceeding one thousanddollars or to imprisonment for a term not exceeding six months or to both.

97.1

97.1

Offences relating to transporation companies - general

(1) Every person who contravenes subsection 88(1), 89(1), 90(2) or 92(5.1), or any provision of the regulations designated pursuant to paragraph 114(1)(q.12) for the purposes of this subsection, is guilty of an affence and liable on summary conviction

(a)for a first offence, to a fine not exceeding ten thousand dollars; or

(b)for a subsequent offence, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both.

Failure to check travel documents

(2) Every person who contravenes section 89.1 is guilty of an offence and liable

(a)on conviction on indictment,

(i)for a first offence, to a fine not exceeding twenty-five thousand dollars, or

(ii)for a subsequent offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding three years, or to both; or

(b)on summary conviction,

(i)for a first offence, to a fine not exceeding ten thousand dollars, or

(ii)for a subsequent offence, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both.

Failure to comply with designated regulations

(3) Every person who contravenes any provisions of the regulations designated pursuant to paragraph 114(1)(q.12) for the purposes of this subsection is guilty of an offence and liable on summary conviction

(a)for a first offence, to a fine not exceeding five thousand dollars; or

(b)for a subsequent offence, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding six months, or to both.

Due diligence defence

(4) No person shall be found guilty of an offence under this section if it is established that the person exercised all due diligence to prevent its commission.

98.

98.

General punishment

Every person who knowingly contravenes any provision of this Act or the regulations or any order or direction lawfully made or given thereunder for which no punishment is elsewhere provided in this Act is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both.

99.

99.

Officers, etc., of corporations

(1) Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence whether or not the corporation is prosecuted or convicted.

Offences by employees or agents

(2) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that the accused exercised all due diligence to prevent its commission.

100.

100.

Offences outside Canada

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

101.

101.

Venue

(1) Any proceedings 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.

Where commission outside Canada

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

102.

102.

Enforcement of bonds

(1) Where pursuant to any provision of this Act other than section 92, a bond is required to be posted, the bond may be enforced in accordance with its terms in the Federal Court for the face value of the bond, which face value shall be deemed to be liquidated damages.

Disposition of fines

(2) All fines and forfeitures imposed or recovered under this Act belong to Her Majesty and form part of the Consolidated Revenue Fund.

Examination of Approved Businesses and Funds

102.001

102.001

Minister may conduct examination

(1) The Minister may conduct an examination of any business or fund approved by the Minister in order to ensure that it is being operated, managed and promoted in accordance with this Act and the regulations.

Powers of examination

(2) In conducting an examination, the Minister may

(a)inquire into the affairs of the business or fund, or of any person who manages, operates or promotes it, and examine

(i)any books, papers, documents, correspondence, electronic data, communications, negotiations, transactions, loans, borrowings or payments that relate to the business or fund.

(ii)any property or other assets that are at any time held or controlled by or on behalf of the business or fund.

(iii)any liabilities, debts. undertakings or obligations that exist, and any financial or other conditions that prevail, at any time, in relation to the business or fund, and

(iv)any relationship that exists at any time between the business or fund and any person by reason of investments commissions promised, secured or paid, interestheld or acquired, the lending or borrowing of money, stock or other property, the transfer negotiation or holding of stock interlocking directorates, common control, undue influence or control or any other relationship

(b)require the business or fund, or any person who operates, manages, promotes or audits it to provide information and explanations, to the extent that they are reasonably able to do so, in respect of the business or fund or of any entity inwhich it has an investment;

(c)subject to section 102.002, at any reasonable time, enter and inspect any building. receptacle or place in which the Minister believes on reasonabie grounds there is any thing referred to in paragraph (a); and

(d)seize any thing that the Minister believes on reasonable grounds will afford evidence in respect of the commission of an offence under this Act.

Inspexction and copying of things seized

(3) Any thing seized under paragraph (2)(d) shall be made available for inspection or copying by the person from whom it was seized at a mutually convenient time and place if the person asks to inspect or copy it.

102.002

102.002

Warrant required to enter dwelling-place

(1) The Minister may not enter adwelling-place for any of the purposes of section 102.001 except with the consent of the occupant or under the authority of a warrant.

Authority to issue warrant

(2) A justice of the peace who is satisfied by information on oath in the form set out as Form I in Part XXVIII of the Criminal Code, modified according to the circumstances,

(a)that the conditions for entry described in paragraph 102.001(2)(c) exist in relation to adwelling-place

(b)that entry to the dwelling-place is necessary for the conduct of an examination under section 102.001 and

(c)that entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused.

may at any time issue a warrant under the justice's hand authorizing the Minister enter the dwelling place subject to any conditions that may be specified in the warrant.

102.003

102.003

Records

Every person who operates, manages or promotes an approved business or fund shall ensure that all records that relate to transactions involving the business or fund are kept in Canada, including the original of all books. papers, documents and correspondence and copies of all electronic data and communications that relate to those transactions.

Seizure and Forfeiture

102.01

102.01

Seizure of vehicle

(1) An immigration officer or a peace officer may, where the officer believes on reasonable grounds that a vehicle was used in any manner in connection with the commission of an offence under section 94.l, 94.2 or 94.4, seize the vehicle as forfeit.

Seizure of evidence

(2) An immigration officer or a peace officer may, where the officer believes on reasonable grounds that an offence has been committed under section 94.1, 94.2 or 94.4, seize any thing that the officer believes on reasonable grounds will afford evidence in respect of the contravention.

Notice of seizure of vehicle

(3) An immigration officer or a peace officer who seized a vehicle under subsection (1) shall take such measures as are reasonable in the circumstances to give notice of the seizure to any person who the office believes on reasonable grounds is entitled to make an application under section 102.2 in respect of the vehicle.

102.02

102.02

Information for search warrant

(1) A justice of the peace who is satisfied by information on oathin the form set out as Form 1 in Part XXVII of the Criminal Code, modified according to the circumstances, that there are reasonable grounds to believe that there will be found in a building, receptacle or place

(a)any vehicle that was used in any manner in connection with an offence under section 94.1, 94.2 or 94.4, or

(b)any thing that there are reasonable grounds to believe will afford evidence in respect of the commission of an offence under section 94.1, 94.2. 94.4 or 94.6.

may at any time issue a warrant under the justice's hand authorizing an immigration officer or peace officer to search the building, receptacle or place for any such vehicle or thing and to seize the vehicle or thing.

Execution in aonther territorial jurisdiction

(2) A justice of the peace may where a building, receptacle or place reffered to in subsection (1) is in a territorialdivision other than the one in which the justice of the peace has jurisdiction issue a warrant in a form similar to the formreferred to in subsection (1) modified according to thecircumstances and the warrant may be executed in the other territorial division after it has been endorsed, in the manner setout in Form 28 in Part XXVIII of the Criminal Code, by ajustice of the peace having jurisdiction in that territorialdivision.

Seizure of things not specified

(3) An immigration officer or a peace officer who executes a warrant issued under subsection (1) may seize, in addition to anyvehicle or thing mentioned in the warrant

(a)any vehicle that it the officer believes on reasonable grounds was used in any manner in connection with the commission of an offence under section 941 94.2 or94.4; or

(b)any thing that the officer believes on reasonable grounds will afford evidence in respect of the commission of an offense under section 94.1, 94.2, 94.4 or 94 6.

Form of search warrant

(4) A Warrant issued under subsection (1) may be in the form set out as Form 5 in Part XXVIII of the Criminal Code, modified according to the circumstances.

Where warrant not necesssary

(5) An immigration officer or a peace of may exercise any of the powers referred to in subsection (1) without a warrant if theconditions for obtaining the warrant exist but by reason ofexigent circumstances it it would not be practical to obtain the warrant.

Exigent circumstances

(6) For the purposes of subsection (5) "exigent circumstances"means circumstances in which the delay necessary to obtain a warrant under subsection (1) would result in danger to humanlife or safety or the loss or destruction of any thing liable to seizure.

102.03

102.03

Powers of entry

For the purpose of exercising the authority under section 102.02, an immigration officer or a peace officer may, with such assistance as the officer deems necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, plumbing fixture, box, container or any other thing.

102.04

102.04

Limitation for seizures

No seizure may be made under section 102.01 or 102.02 more than six years after the contravention or use in respect of which the seizure is made.

102.05

102.05

Custody of things seized

(1) Anything that is seized under section 102.01 or 102.02 shall forthwith be placed in the custody of a senior immigration officer.

Report where evidence seized

(2) Where an immigration officer or a peace officer seizes any thing as evidence under section 102.01 or 102.02, the officer shall forthwith report the circumstances of the seizure to the Deputy Minister.

Return of evidence

(3) Anything that is seized under section 102.01 or 102.02 as evidence alone shall be returned forthwith on completion of all proceedings in which the thing seized may be required.

102.06

102.06

Copies of recors, books or documents

(1) Where any record, book or document is examined or seized under this Act, the Minister, or the officer by whom the record, book or document is examined or seized, may make or cause to be made one or more copies thereof, and a copy of any such record, book or document purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and has the same probative force as the original record, book or document would have if it has been proved in the ordinary way.

Detention of records seized

(2) No records, books or documents that have been seized as evidence under this Act shall be detained for a period of more than three months after the time of seizure, unless, before the expiration of that period,

(a)the person from whom they were seized agrees to their further detention for a specified period of time;

(b)a justice of the peace is satisfied on application that, having regard to the circumstances their further detention for a specified period of time is warranted and the justice so orders; or

(c)judicial proceedings are instituted in which the things seized may be required.

102.07

102.07

Return of vehicle seized

A senior immigration officer may, subject to this or any other Act of Parliament, return any vehicle that has been seized under section 102.01 or 102.02 to the person from whom it was seized or to any person authorized by the person from whom it was seized on receipt of

(a)an amount of money of a value equal to

(i)the value of the vehicle at the time of the seizure, as determined by the Minister; or

(ii)such lesser amount as the Minister may direct or

(b)where the Minister so authorizes, security satisfactory to the Minister.

102.08

102.08

Vehicles no longer forfeit

Vehicles in respect of which money or security is received under section 102 07 shall cease to be forfeit from the time the money or security is received and the money or security shall be held as forfeit in lieu thereof.

102.09

102.09

Forfeitures accrue automatically from time of contravention

Subject to the renews and appeals established by this Act any vehicle seized as forfeit under section 102.01 is forfeit from the time of the commission of an offence under section 94.1, 94.2 or 94.4 in respect of which the vehicle was seized and no act or proceeding subsequent to the commission of the offence is necessary to effect the forfeiture of thevehicle.

102.10

102.10

Review of forfeiture

The forfeiture of any vehicle seized under section 102.01 or say money or security held as forfeit in lieu thereof is final and not subject to review or to being restrained prohibited removed set aside or otherwise dealt with except to the extent and in the manner provided by section 102.12.

102.11

102.11

Report to Deputy Minister

Where vehicle has been seized under section 102.01 or 102.02, the officer who seized the vehicle shall forthwith report the circumstances of the seizure to the Deputy Minister.

102.12

102.12

Request for Minister's decision

(1) Any person

(a)from whom a vehicle is seized under section 101.01 or 102.02;

(b)who owns a vehicle that is seized under section 102.01 or 102.02 or

(c)from whom money or security is received pursuant to section 102.07 in respect of seized under section 102.01 or 102.02

may within thirty days after the day of the seizure request a decision of the Minister under section 1014 by giving notice in writing to the Minister

Burden of Proof

(2) The burden of proof that notice was given under subsection (1) lies on the person claiming to have given the notice.

102.13

102.13

Notice of reasons for seizure

(1) Where a decision of the Minister under section 102.14 is requested pursuant to section 102.12 the Deputy Minister shall forthwith serve on the person who requested the decision written notice of the reasons for the seizure in respect of which the decision is requested.

Evidence

(2) The person on whom a notive is served under subsection (1) may within thirty days after the notice is served furnish such evidence in the matter as the person desires to furnish.

Idem

(3) Evidence may be given pursuant to subsection (2) by affidavit made before any justice of the peace commissioner for taking oaths or notary public.

102.14

102.14

Decision of the Minister

(1) After the expiration of the thirty days referred to in subsection 102.13(2), the Minister shall, as soon as is reasonably possible, decide, in respect of the vehicle that was seized, whether the vehicle was used in connection with the commission of an offence under section 94.1, 94.2 or 94.4.

Notice of decision

(2) The Minister shall, forthwith on making a decision under subsection (1), serve on the person who requested the decision written notice thereof.

Judicial review

(3) The decision of the Minister under subsection (1) is not subject to review or to being restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by subsection 102.17(1).

102.15

102.15

Where there is no offence committed

Subject to this or any other Act of Parliament, where the Minister decides, pursuant to section 102.14, that there has been no offence committed under section 94.1, 94.2 or 94.4 in respect of a vehicle or that the vehicle was not used in the manner described therein, the Minister shall forthwith authorize the removal from custody of the vehicle or the return of any money or security taken in respect thereof.

102.16

102.16

Where there is contravention

(1) Where the Minister decides, pursuant to section 102.14, that the vehicle referred to in that section was used in the manner described therein, the Minister may, subject to such terms and conditions as the Minister may determine,

(a) return the vehicle on receipt of an amount of money of a value equal to

(i)the value of the vehicle at the time of the seizure, as determined by the Minister, or

(ii)such lesser amount as the Minister may direct; or

(b)remit any portion of any money or security taken and where the Minister considers that insufficient money or security was taken or where no money or security was received, demand such amount of money as the Minister considers sufficient not exceeding an amount determined under subsection (2).

Amount demanded in reapect of a vehicle under paragraph (1)(b)

(2) The amount of money that the Minister may demand under paragraph (1)(b) in respect of a vehicle shall not exceed an amount equal to the value of the vehicle at the time of the seizure as determined by the Minister.

102.17

102.17

Federal Court

(1) A person who requests a decision of the Minister under section 102.14 may, within ninety days after being notified of the decision, appeal the decision by way of an action to the Federal Court Trial Division in which that person is the plaintiff and the Minister is the defendant.

Ordinary action

(2) The Federal Court and the Federal Court Rules applicable to ordinary actions apply in respect of actions instituted under subsection (1) except as varied by special rules made in respect of such actions.

102.18

102.18

Restoration of vehicle or thing pending

Where an appeal is taken by the Minister from any judgment that orders the Minister to give or return any thing that has been seized under section 102.01 or 102.02 to any person the execution of the judgment shall not be suspended if the person to whom the vehicle or thing is ordered given or returned gives such security to the Minister as the court that rendered the judgment, or a judge thereof, considers sufficient to ensure delivers of the vehicle or thing or the full value thereof to the Minister if the judgment so appealed is reversed.

102.19

102.19

Service of notices

The service of the Deputy Minister s notice under section 102.13 or the notice of the Minister s decision under section 102.14 is sufficient if it is sent by registered mail addressed to the person on whom it is to be served at the person's latest known address.

102.20

102.20

Claiming interest

(1) Where a vehicle is seized as forfeit under this Act any person other than the person in whose possession the vehicle was when seized, who claims an interest therein as owner, mortgagee lien-holder or holder of any like interest may within sixty days after the seizure apply by notice in writing to a judge for an order under subsection (5).

Day of hearing

(2) The judge to whom an application is made under subsection (1)shall fix a day for a hearing of the application not less than thirty days after the day of filing of the application.

Notice

(3) A person making an application under subsection (1) shall serve a notice of the application and of the hearing on the Minister not later than fifteen days after a day for the hearing of the application is fixed pursuant to subsection (2).

Service of notice

(4) The service of a notice under subsection (3) is sufficient if the notice is sent by registered mail addressed to the Minister.

Order that interest not affected

(5) Where, on the hearing of an application made under subsection (1), it is made to appear to the satisfaction of the judge

(a)that the applicant acquired the interest in respect of which the applicant is applying in good faith prior to the contravention in respect of which the seizure was made,

(b)that the applicant is innocent of any complicity in the contravention that resulted in the seizure and of any collusion in relation to that contravention and

(c)that the applicant exercised all reasonable care with respect to the person permitted to obtain possession of the vehicle to satisfy the applicant that the vehicle was not likely to be used in connection with the commission of an unlawful acts or, in the case of a mortgagee or lien-holder, that the applicant exercised such care with respect to the mortgagor or lien-giver,

the applicant is entitled to an order declaring that the applicant's interest is not affected by the seizure and declaring the nature and extent of the applicant'sinterest at the time of the contravention.

Appeal

(6) A person who makes an application under subsection (1) or the Minister may appeal to the court of appeal from an order made under subsection (5) and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a judge.

Return of vehicle

(7) The Minister shall on application made to the Minister by a person who has obtained a final order under this section,

(a)direct that the vehicle to which the interest of the person relates be returned to the person or

(b)direct that an amount equal to the value of the interest of the person, as declared in the order, be paid to the person.

Limit of amount paid

(8) The total amount paid under paragraph (7)(b) in respect of a vehicle shall where the vehicle wassold or otherwise disposed of under this Act not exceeds the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the vehicle, and, where there are no proceeds of a disposition of a vehicle under this Act, no payment shall be made pursuant to paragraph (7)(b) in respect of the vehicle.

Definitions

(9) In this section,

"court of appeal" means in the province in which an under this section is made, the court of appeal for that province as defined in the definition "court of appeal" in section 2 of the Criminal Code;

'judge" means

(a)in the Province of Quebec, a judge of the Superior Court for the district in which the vehicle in respect ofwhich an application for an order under this section is made, was seized,

(a.1)in the Province of Ontario, a judge of the Ontario Court (General Division);

(b)[Repealed]

(c)in the Provinces of British Columbia, Prince Edward Island and Newfoundland, a judge of the Supreme Court thereof;

(d)in the Provinces of New Brunswick, Manitoba, Albertaand Saskatchewan, a judge of the Court of Queen's Bench thereof and

(e)in the Yukon Territory and the Northwest Territories a judge of the Supreme Court thereof.

102.21

102.21

Disposal

A vehicle the forfeiture of which is final under this Act shall be disposed of in such manner as the Minister may direct or be sold by public auction or public tender or by the Minister of Public Works and Government Services pursuant to the Surplus Crown Assets Act, subject to such regulations as may be prescribed.

Arrest and Detention

103.

103.

Warrant for arrest

(1) The Deputy Minister or a senior immigration officer may issue a warrant for the arrest and detention of any person where

(a) an examination or inquiry is to be held, a decision is to be made pursuant to subsection 27(4) or a removal order or conditional removal order has been made with respect to the person; and

(b) in the opinion of the Deputy Minister or that officer, there are reasonable grounds to believe that the person poses a danger to the public or would not appear for the examination, inquiry or proceeding in relation to the decision or for removal from Canada.

Arrest without warrant

(2) Every peace officer in Canada, whether appointed under the laws of Canada or of any province or municipality thereof, and every immigration officer may, without the issue of a warrant, an order or a direction for arrest or detention, arrest and detain or arrest and make an order to detain

(a)for an inquiry, or for a determination by a senior immigration officer under subsection 27(4), any person who on reasonable grounds is suspected of being a person referred to in paragraph 27(2)(b), (e), (f), (g) or (h), or

(b)for removal from Canada, any person against whom a removal order has been made that is to be executed,

where, in the opinion of the officer, there are reasonable grounds to believe that the person poses a danger to the public or would not appear for the inquiry or the determination or for removal from Canada.

Detention and release from detention by adjudicator

(3) Where an inquiry is to be held or is to be continued with respect to a person or a removal order or conditional removal order has been made against a person, an adjudicator may make an order for

(a)the release from detention of the person, subject to such terms and conditions as the adjudicator deems appropriate in the circumstances, including the payment of a security deposit or the posting of a performance bond;

(b)the detention of the person where, in the opinion of the adjudicator, the person is likely to pose a danger to the public or is not likely to appear for the inquiry or its continuation or for removal from Canada: or

(c)the imposition of such terms and conditions as the adjudicator deems appropriate in the circumstances including the payment of a security deposit or the posting of a performance bond.

Detention and release from detention by senior immigration officer

(3.1) Where an exclusion order, a departure order or a conditional departure order has been made by a senior immigration officer against a person a senior immigration officer may make an order

(a)for the release from detention of the person, subject to such terms and conditions as the senior immigration officer deems appropriate in the circumstances,including the payment of a security deposit or the posting of a performance bond;

(b)for the detention of the person where in the opinion of the senior immigration officer the person is likely to pose a danger to the public or is not likely to appear for removal from Canada; or

(c)imposing on the person such terms and conditions as the senior immigration officer deems appropriate in the circumstances including the payment of a security deposit or the posting of a performance bond.

Notification of detention for examination or inquiry

(4) Where any person is detained for an examination or inquiry pursuant to this section the person who detains or orders the detention of that person shall forthwithnotify a senior immigration officer the detention and the reasons thereof.

Release from detention by senior immigration officer

(5) A senior immigration officer may, within forty-eight hours from the time when a person is placed in detention pursuant to this Act, order that the person be released from detention subject to such terms and conditions as the officer deems appropriate in the circumstances including the payment of a security deposit or the posting of a performance bond.

Review of decision for detention

(6) Where any person is detained pursuant to this Act for an examination, inquiry or removal and the examination, inquiry or removal does not take place within forty-eight hours after that person is first placed in detention, or where a decision has not been made pursuant to subsection 27(4) within that period, that person shall be brought before an adjudicator forthwith and the reasons for the continued detention shall be reviewed, and thereafter that person shall be brought before an adjudicator at least once during the seven days immediately following the expiration of the forty-eight hour period and thereafter at least once during each thirty day period following each previous review, at which times the reasons for continued detention shall be reviewed.

Release from detention by adjudicator

(7) Where an adjudicator who conducts a review pursuant to subsection (6) is satisfied that the person in detention is not likely to pose a danger to the public and is likely to appear for an examination, inquiry or removal, the adjudicator shall order that the person be released from detention subject to such terms and conditions as the adjudicator deems appropriate in the circumstances including the payment of a security deposit or the posting of a performance bond.

Retaking into custody

(8) Where an adjudicator has ordered that aperson be released from detention pursuant to paragraph (3)(a) or subsection (7), that adjudicator or any other adjudicator may at any time thereafter order that the person be retaken into custody and held in detention if the adjudicator becomes satisfied that the person is likely to pose a danger to the public or is not likely to appear for an examination, inquiry or removal.

Review into custody

(9) Subject to subsections (10) and (11) and to any rules of the place where a person is detained, a review under subsection (6) of the reasons for the person's continued detention shall be conducted in public.

Confidentiality

(10) An adjudicator who is satisfied that there is a serious possibility that the life, liberty or security of any person would be endangered by reason of a review of the reasons for a person's continued detention being held in public may, on application therefor, take such measures and make such order as the adjudicator considers necessary to ensure the confidentiality of the review.

Idem

(11) An adjudicator who considers it appropriate to do so may take such measures and make such order as the adjudicator considers necessary to ensure the confidentiality of any hearing held in respect of any application referred to in subsection (10).

103.1

103.1

Detention

(1) Where, with respect to a person seeking to come into Canada,

(a)the person is unable so satisfy an immigration officer with respect to that person's identity; or

(b)in the opinion of the Deputy Minister or a person designated by the Deputy Minister, there is reason to suspect that the person may be a member of an inadmissible class described in paragraph 19(1)(e),(f),(g),(j),(k) or (l),

an immigration officer shall detain the person and forthwith report the detention to a senior immigration officer who may continue or order the continuation of the detention for a period not exceeding seven days from the time the person was first detained under this Act.

Additional period of detention

(2) Where, with respect to a person detained under subsection (1), the Minister certifies in writing

(a)that

(i)the person s identity has not been established, or

(ii)the Minister has reason to suspect that the person may be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (j), (k) or (l), and

(b)that an additional period of detention is required to investigate the matter referred to in subparagraph (a)(i) or (ii);

the person shall be brought before an adjudicator forthwith and at least once during every seven day period thereafter, at which times the adjudicator shall review the reasons for the person's continued detention.

Minister may amend certificate

(3) Where the Minister has issued a certificate under subsection (2) the Minister may amend the certificate to which the detention relates to include any matter referred to in subparagraph (2)(a)(i) or(ii), following which the person shall be brought before an adjudicator forthwith and at least once during every seven day period thereafter, at which times the adjudicator shall review the reasons for the person's continued detention.

Review every seven days

(4) Where a person is detained under subsection (1) and the Minister has not issued a certificate under subsection (2) the person shall be brought before an adjudicator forthwith after the expiration of the period during which the person is being detained and that person shall be brought before an adjudicator at least once during every seven day period thereafter, at which times the reasons for continued detention shall be reviewed.

Continued detention if efforts being made

(5) Where an adjudicator who conducts a review under subsection (2) or (3) is satisfied that reasonable efforts are being made by the Minister to investigate the matter referred to in subparagraph (2)(a)(i) or (ii), the adjudicator shall continue the person's detention.

Review in camera

(6) Every review under subsection (2) or (3) of the detention of a person suspected of being a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (i), (k) or (l) shall be conducted in camera.

Review is ex parte

(7) Where

(a)the Minister is of the opinion that any evidence or information so be presented by or on behalf of the Minister at any review under subsection (2) or (3) of the detention of a person referred to in subsection (6) should not be disclosed on the grounds that its disclosure would be injurious to national security or to the safety of persons; and

(b)a request therefor is made by the Minister, the adjudicator shall order that the review or any part thereof be conducted in the absence of the person and any counsel representing the person.

Application to have order quashed

(8) Any person excluded by an order under subsection (7) from the whole or any part of the review under subsection (2) or (3) may apply to the Chief Justice of the Federal Court or to a judge of that Court designated by the Chief Justice for the purposes of this subsection to have the order quashed and sections 37 and 38 of the Canada Evidence Act shall apply, with such modifications as the circumstances may require, to such applications.

Application of order

(9) Unless quashed, an order under subsection (7) shall, with respect to the person to whom the order relates, apply to every review under subsection (2) or (3), or part thereof, at which the Minister is of the opinion that any evidence or information to be presented by or on behalf of the Minister at the review, or part thereof, should not be disclosed on the grounds that its disclosure would be injurious to national security or to the safety of persons.

Appropriate order

(10) Where the adjudicator who conducts a review under subsection (2) or (3) does not continue a person's detention under subsection (5), the adjudicator shall make the appropriate order under subsection 103(3).

Idem

(11) An adjudicator who conducts a review under subsection (4) shall make the appropriate order under subsection 103(3).

Idem

(12) Where, with respect to a person under detention under this section, the Minister is of the opinion

(a)that the person's identity has been established; and

(b)that the person is not a person described in paragraph 19(1)(e), (f), (g), (j),(k) or (l),

a senior immigration officer shall forthwith bring the person before an adjudicator who shall make the appropriate order under subsection 103(3)

Application notwithstanding sections 23 or 103

(13) This section applies notwithstanding section 23 or 103.

Right to counsel

(14) Every person detained under this section shall be informed that the person has the right to retain and instruct counsel and shall be given a reasonable opportunity to obtain such counsel.

104.

104.

Failure to comply

Where a person fails to comply with any of the terms or conditions imposed under paragraph 103(3)(c) or with any of the terms or conditions subject to which he is released from detention under any provision of this Act

(a)any security deposit that may have been made either pursuant to paragraph 103(3)(c) or as a condition of the person's releasemay be declared forfeited by the Minister; or

(b)the terms of any performance bond that may have been posted may be enforced

and, where the person ha s been released from detention he may be retaken into custody forthwith and held in detention.

105.

105.

Where person in institution

(1) Notwithstanding the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any Act of a provincial legislature, where a warrant has been issued or an order has been made pursuant to subsection 103(1) or (3) with respect to any person who is incarcerated in any place of confinement pursuant to the order of any court or other body, the Deputy Minister may issue an order to the person in charge of the place directing that

(a) the person continue to be detained until the expiration of the sentence to which the person is subject or until the expiration of the sentence or term of confinement as reduced by the operation of any statute or other law or by an act of clemency; and

(b) the person be delivered, at the expiration of the sentence or term of confinement referred to in paragraph (a), to an immigration officer to be taken into custody.

Temporary absences

(2) Nothing in subsection (1) shall limit the authority of any person, pursuant to any Act referred to in that subsection, to grant an escorted temporary absence pursuant to any of those Acts.

106.

106.

Authority to execute warrants and orders

Any warrant issued or order made under paragraph 12(3)(b), subsection 20(1). paragraph 23(3)(a), subsection 40.1(2), 90(2), 103(1), (2), (3) or (8) or 103.1(1) or section 105 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.

107.

107.

Place of detention

Where a person is detained pursuant to this Act, that person shall be detained at an immigrant station or other place satisfactory to the Deputy Minister.

Injunctions

107.1

107.1

Injunctions relating to approved business or funds

(1) Where, on application by the Minister to the Federal Court - Trial Division, it appears likely to the Court that a person who has obtained the approval of the Minister for a business or fund has done or failed to do anything, or is about to do anything, in contravention of any term or condition governing the approval, the Court may issue an injunction ordering any person named in the application

(a)to refrain from doing anything that it appears to the Court may be in contravention of any term or condition governing the approval; or

(b)to do anything that it appears to the Court may ensure compliance with any term or condition governing the approval.

Notice

(2) No injunction shall issue under subsection (1) unless forty-eight hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be consistent with the purposes of this Act.

PART VII - GENERAL

Consultations and Agreements with Provinces

108.

108.

Consultations with provinces

(1) The Minister shall consult with the provinces respecting the measures to be undertaken to facilitate the adaptation of permanent residents to Canadian society and the pattern of immigrant settlement in Canada in relation to regional demographic requirements.

(2) The Minister, with the approval of the Governor in Council, may enter into an agreement with any province or group of provinces for the purpose of facilitating the formulation, coordination and implementation of immigration policies and programs.

International Agreements

108.1

108.1

International agreements

The Minister, with the approval of the Governor in Council, may enter into agreements with other countries for the purpose of facilitating the coordination and implementation of immigration policies and programs including, without restricting the generality of the foregoing, agreements for sharing the responsibility for examining refugee claims and for sharinginformation concerning persons who travel between countries that are parties to such agreements.

Immigration Officers

109.

109.

Appointment of immigration officers

(1) Immigration officers shall be appointed or employed under the Public Service Employment Act.

Designation of immigration officers

(2) Notwithstanding subsection (1), the Minister may designate any person or class of persons as immigration officers for the purposes of this Act and that person or class of persons shall have such of the powers duties and functions of an immigration officer as are specified by the Minister. 1976-77, c. 52, s. 110.

110.

110.

Authority of immigration officers

(1) An immigration officer has authority and powers of a peace officer to enforce any provision of this Act, the regulations or any warrant, order or direction made under this Act or the regulations respecting the arrest, detention or removal from Canada of any person.

Identification and seizure of documents

(2) An immigration officer may

(a)require the following persons to comply with the regulations providing for their identification namely,

(i)persons who seek admission.

(ii)persons who make an application pursuant to subsection 9(1), section 10, subsection 10.2 or section 16.

(iii)persons who are arrested pursuant to section 103.

(iv)persons against whom a removal order orconditional removal order has been made, and

(v)persons who claim to be Convention refugees;

(a.1)search persons seeking to come into Canada who the immigration officer believes on reasonable grounds have not revealed their identity or who have hidden on or about their person documents that are relevant to their admissibility and may search any vehicle that conveyed the persons to Canada and their luggage and personal effects:

(a.2)search persons seeking to come into Canada who the immigration officer believes on reasonable grounds have commited, or who are in possession of documents that may be used in the commission of, an offense under section 94.1. 94.2 or 94.4 may search any vehicle that conveyed the persons to Canada and their luggage and personal effects:

(a.3) examine at a port of entry or any other place in Canada, for the purposes of this Act or the regulations, 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;

(b) seize and hold at a port of entry or any other place in Canada any thing or document if the immigration officer believes on reasonable grounds that that action is required to facilitate the carrying out of any provision of this Act or the regulations; and

(c) for the purposes of this Act and the regulations, seize and hold any thing or document if the immigration officer believes on reasonable grounds that it has been fraudulently or improperly obtained or used or that action is necessary to prevent its fraudulent or improper use.

Definition

(2.01) Notwithstanding subsection 42(2) of the Canada Post Corporation Act, a thing or document that is detained under the Customs Act and seized by an immigration officer under paragraph (2)(b) or (c) is not in the course of post for the purposes of the first-named Act

Fingerprints to be destroyed

(2.1) Subject to section 6 of the Privacy Act, any fingerprints that were taken pursuant to regulations made pursuant to paragraph 114(1)(a) of a person who is subsequently determined under this Act to be a Convention Refugee shall be destroyed when the person becomes a Canadian citizen.

Temporary assistants

(3) An immigration officer may, in cases of emergency, employ such temporary assistants as the officer deems necessary to enable him to carry out his duties under this Act and the regulations and those temporary assistants shall, during their employment, have the authority and powers referred to in subsection (1), but no such employment shall continue for a period exceeding forty-eight hours unless approved by the Minister.

110.1

110.1

Authority for personal searches

(1) The search of a person under section 110 must be authorized by a senior immigration officer.

Reasonable grounds for searches

(2) Where a senior immigration officer considers that there are reasonable grounds for the search of a person under section 110, the senior immigration officer shall authorize the search.

Searches by same sex

(3) No person shall be searched under section l10 by a person who is not of the same sex and if there is no immigration officer of the same sex at the place at which the search is to take place, an immigration officer may authorize any suitable person of the same sex to perform the search.

111.

111.

Oaths and evidence

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

112.

112.[Repealed]

Peace Officers

113.

113.

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 the Deputy Minister, an adjudicator, a senior immigration officer or an immigration officer, receive and execute any written warrant or order issued or made under this Act or the regulations for the arrest, detention or removal from Canada of any person.

Regulations

114.

114.

Regulations

(1) The Governor in Council may make regulations

(a)prescribing classes of immigrants and providing for the establishment and the application to such classes of selection standards based on such factors as family relationships, education, language skill, occupational or business experience and other personal attributes and together with demographic considerations and labour market conditions in Canada, for the purpose of determining whether or not and the degree to which an immigrant will be able to become successfully establishedin Canada;

(a.l)specifying classes of immigrants for the purposes of subsection 6(8) in respect of which the immigrant and any or all dependants shall be assessed;

(a.2)defining, for the purposes of this Act, what constitutes becoming sucessfully established in Canada;

(a.3)specifying, with respect to any prescribed class of immigrants, at what stage of assessing applications for visas all or part of the selection standards provided for under paragraph (a) shall be applied;

(a.4)prescribing a class of persons who may be granted landing on the basis of their business experience, accumulated net worth and intention to make investments in Canada that meet prescribed standard;

(a.5)authorizing the Minister to approve businesses and funds and requiring persons in the class prescribed pursuant to paragraph (a.4)

(i)to invest in businesses or funds approved by the Minister as fostering the development of a strong and viable economy and regional prosperity in Canada. and

(ii)to satisfy any selection standards established pursuant to paragraph (a);

(a.6)respecting the approval of businesses and funds under any regulations made under paragraph (a.5), including regulations

(i)prescribing terms and conditions governing their approval, including terms and conditions requiring provincial approval, and terms and conditions underwhich approval may be suspended, revoked or amended,

(ii)authorizing the Minister to impose additional terms and conditions in relation to any approval. and

(iii)authorizing the Minister to require any person who manages or controls an approved business or fund to submit periodic reports regarding compliance with the terms and conditions governing the approval;

(b)prescribing classes of immigrants in respect of which the number of immigrants who may be issued visas or granted landing in any calendar year shall be subject to a numerical limitation;

(b.1)specifying, with respect to any class of inmigrants, that accompagnying dependants shall not be included for the purposes of any number referred to in subsection 7(10);

(c)prescribing, for the purposes of subsection 6(2), classes of persons whose applications for landing may be sponsored by Canadian citizens and permanent residents;

(d)for the purposes of subsection 6(3),

(i)designating classes of persons and admission requirements in respect of any such class and specifying, with respect to any such class at what stage of assessing applications for admission all or part of the admission requirements shall be applied, and

(ii)prescribing admission requirements for Convention refugees and specifying at what stage of assessing applications for admission all or part of the admission requirements shall be applied and whether the number of Convention refugees who may be issued a visa or be admitted into Canada in any calendar year shall be subject to a numerical limitation;

(d.1)respecting the sponsoring of persons for the purposes of subsection 6(4);

(e)prescribing, for the purposes of subsection 6(5), classes of immigrants and landing requirements in respect of immigrants and their dependants and specifying, with respect to any such class, at what stage of assessing applications for landing all or part of the landing requirements shall be applied;

(f)respecting the method of selecting immigrants, including regulations specifying, with respect to any prescribed class of immigrants, whether immigrants of that class or immigrants of that class and any or all of their dependants as the case may be, shall be selected

(i)on the basis of when their applications were made and duly completed in accordance with the regulations.

(ii)on a comparative basis, in relation to applications received during any specified period, to determine who will be best able to become sucessfully established in Canada, or

(iii)on any other basis;

(f.1)specifying, with respect to any prescribed class of immigrants the selection of which is on a comparative basis in relation to applications received during any specified period, whether the applications of immigrants who are not issued visas may be reconsidered on a comparative basis in relation to applications received during another period, or on any other basis;

(f. 2)authorizing, with respect to any prescribed class of immigrants visa officers not to assess applications for visas where the Minister considers it necessary for the purpose of complying with the immigration plan currently in force

(f.3)authorizing, with respect to Convention refugees and classes of persons prescribed for the purposes of subsection 6(3), immigration officers not to assess applications for visas or applications for admission where the Minister considers it necessary for the purposes of the immigration plan currently in force;

(f.4)authorizing, with respect to any prescribed class of immigrants, immigration officers not to assess applications for visas or applications for landing under subsection 6(5) where the Minister considers it necessary for the purpose of complying with the immigration plan currently in force;

(f.5)prescribing a date for the purposes of subsection 7(1);

(g)prescribing universities, colleges and other institutions not described in paragraph 10(a) for the taking of any academic, professional or vocational training course at which persons, other than Canadian citizens and permanent residents, may be authorized to come into Canada and prescribing courses at any such university, college or other institution for the taking of which authorization may not be obtained under section 10;

(h)prescribing the circumstances in which a returning resident permit shall be issued to a permanent resident who makes an application pursuant to subsection 25(1);

(i)specifying the documentation that may be required in respect of any class of visitors;

(j)prohibiting persons or classes of persons, other than Canadian citizens and permanent residents, from engaging or continuing in employment in Canada without authorization, prescribing the types of terms and conditions that may be imposed in connection with such an authorization and exempting any person or class of persons from therequirement to obtain such an authorization;

(j.1)prohibiting persons or classes of persons other than Canadian citizens and permanent residents from attending any university or college or taking any academic professional or vocational training course in Canada without authorization, prescribing the types of terms and conditions that may be imposed in connection with such an authorization and exempting any person or class of persons from the requirement to obtain such an authorization;

(j.2)prescribing classes of employment and specifying whether the number of employment authorizations, not including extensions, to be issued in respect of any such class in any calendar year will be subject to a numerical limitation;

(j.3)authorizing, with respect to any prescribed class of employment, immigration officers not to assess applications for employment authorizations where the Minister considers it necessary for the purpose of complying with the immigration plan currently in force;

(j.4)designating classes of persons for the purposes of subsection 12(1) who may be examined in a manner approved by the Minister instead of appearing before an immigration officer at a port of entry;

(k)requiring any person to deposit security with the Minister to guarantee the performance by that person of any obligation assumed by that person with respect to theadmission of any other person;

(l)[Repealed]

(m)prescribing the factors to be considered in determining whether, for medical reasons, any person is or is likely to be a danger to public health or to public safety;

(m.1)[Not in force]

(m.2)[Not in force]

(m.3)requiring or authorizing the interview of persons by visa officers for the purpose of assessing visa applications and applications for student and employment authorizations and respecting the places where such interviews may be conducted;

(n)requiring or authorizing the examination of persons outside Canada for the purpose of determining whether those persons shall be allowed to come into Canada or may be granted admission;

(o)requiring persons referred to in paragraph 110(2)(a) to provide photographs of themselves or to be fingerprinted or photographed or both;

(p)prescribing the costs and expenses to be included in determining removal costs;

(p.l)respecting the payment of fees for services provided in the administration of this Act and prescribing the amount of those fees;

(p.2)prescribing classes of who are or are not members of a crew;

(q)requiring transportation companies to ensure, in prescribed circumstances, that immigrants and visitors being carried to Canada by them are in possession of valid visas where required;

(q.1)with respect to transportation companies bringing persons into Canada,

(i)requiring or authorizing those companies to bold the visas, passports or travel documents of those persons in order to ensure that the visas, passports or travel documents are available for examination by an immigration officer at the port of entry,

(ii)providing for the disposition by those companies, on the arrival of those persons in Canada, of any visas, passports or travel documents held by those companies, and

(iii)requiring those companies to furnish suchdocumentary evidence for examination by an immigration officer at the port of entry as is necessary to establish the identity and itinerary for travel to Canada of those persons;

(q.11)for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection 89(2);

(q.12)designating, for the purposes of subsection 97.1(1) or (3), provisions of any regulation made under paragraph (q), (q.1), (t),(cc), (dd), (ee), (ff), (gg) or (hh);

(q.2)[Repealed]

(q.3)establishing a tariff of administration fees to be assessed pursuant to section 91.1 for the purpose of recovering any Costs of administering this Act, other than removal costs, and prescribing criteria for the purpose of assessing those fees;

(q.4)prescribing procedures for giving notice to transportation companies of assessments pursuant to section 91.1 and directions under section 93;

(r)prescribing costs for the purposes of section 55.1;

(s)prescribing, for the purpose of sharing responsabilty for the examination of persons who claim to be Convention refugees, countries that comply with Article 33 of the Convention;

(s.1)prescribing, for the purposes of subsection 69.1 (10.1), countries that respect human rights;

(s.2)specifying periods during which a certificate of departure referred to in section 32.02 may be issued;

(t)prohibiting transportation companies from knowingly carrying to Canada persons, other than Canadian citizens or permanent residents, who are, in the opinion of the Minister, members of any of the classes described in subsection 19(1);

(u)authorizing the Minister to make loans for any of the purposes referred to in subsection 119(1) and prescribing the rate of interest, if any, to be charged on those loans and the manner in which the terms of repayment of those loans shall be determined;

(u.l)prescribing the maximum amount of outstanding advances to the Minister under subsection 119(1);

(v)requiring any person, other than a person who is a member of the bar of any province, to make an application for and obtain a licence from such authority as is prescribed before the person may appearbefore an adjudicator, the Refugee Division or the Appeal Division as counsel for any fee, reward or other form of remuneration whatever;

(w)authorizing the issuance of visas to prescribed officials and representatives of foreign governments, states and international organizations and the suites and families of those persons and prescribing the classes of persons by whom those visa may be issued;

(x)prescribing the manner in which immigration officers shall carry out their duties and exercise their powers whether in Canada or elsewhere;

(z)prescribing the manner in which an application may be made under section 15 or 16 and the information to be provided therewith;

(aa)requiring any person or class of persons, other than a Canadian citizen, to be in possession of a valid and subsisting passport or other travel document;

(bb)providing for the return or other disposition of any travel or other document that has been seized and held pursuant to paragraph 110(2)(b) or (c);

(cc)requiring a transportation company to collect and give to an immigration officer any written report required to be made to an immigration officer by any person leaving Canada;

(dd)specifying the manifests, bills of health or other records or documents concerning persons carried by vehicles to or from Canada that shall be maintained and carried on vehicles;

(ee)requiring the identification, supervision and detention of persons to be carried in transit through;

(ff)specifying the obligations and duties of transportation companies and members of crews to safeguard persons on board vehicles, to report the escape of persons in their custody and to take such precautions as may be required to prevent those persons from unlawfully coming into Canada and, in the case of persons in their custody who are required under this Act to leave Canada, from failing to leave Canada;

(gg)requiring the master of a vehicle to make a written report to an immigration officer in respect of any person who has secreted himself in or on a vehicle coming to Canada and to hold that person in custody on the vehicle;

(hh)requiring the owner or master of a vehicle to maintain and provide an immigration officer with lists and other information concerning the members of the crew of the vehicle and their discharge, transfer, desertion or hospitalization in Canada and to notify an immigration officer of any such discharge, transfer, desertion or hospitalization in Canada;

(ii)providing for the disposition of property carried by persons who die in Canada while at an immigrant station or other place in the custody or under the supervision of an immigration officer;

(ii.l)defining any term or expression that by this Act is to be defined by the regulations;

(ii.2)prescribing the classes of immigrants in respect of which landing shall be granted subject to terms and conditions, and prescribing those terms and conditions;

(ii.3)prescribing the terms and conditions that may be imposed by an immigration officer including, where such terms and conditions are for the purpose of providing adequate health or social services or for fostering a strong and viable economy and regional prosperity in Canada, terms and conditions concerning place of residence and occupation;

(ii.4)specifying, with respect to any province that has entered into an agrement pursuant to section 108 whereby the province has sole responsability for the selection of immigrants of certain classes of immigrants, the terms and conditions prescribed under paragraph (ii.3) that may not be imposed in respect of immigrants of those classes of immigrants who intend to reside in the provinces;

(ii.5)specifying what constitutes a duly completed application for the purposes of this Act and the regulations;

(ii.6)prescribing the circumstances under which an immigration officer shall approve an application to vary or cancel any term or condition imposed pursuant to subsection 14(5);

(jj)prescribing any matter required or authorized by this Act to be prescribed.

Exemption from regulations

(2) The Governor in Council may, by regulation, authorize the Minister to exempt any person from any regulation made under subsection (1) or otherwise facilitate the admission of any person where the Minister is satisfied that the person should be exempted from that regulation or that the person's admission should be facilitated owing to the existence of compassionate or humanitarian considerations.

Consent of province

(3) The Minister may exercise the powers referred to in subsection (2) in respect of a person who intends to reside in a province that has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of such persons, only if the province has given its consent.

Regulations do not apply

(4) Where a province has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of certain prescribed classes of immigrants.

(a)the selections standards established under paragraph (1)(a) and all regulations made pursuant to paragraph (1)(b.l) and (f), and

(b)the landing requirements prescribed under paragraph (1)(e), other than the landing requirements relating to membership in inadmissible classes described in section 19,

shall not apply in respect of any immigrant of any such class who intends to reside in that province.

Idem

(5) Where a province has entered into an agreement pursuant to section 108 whereby the province has sole responsibility for the selection of immigrants of the class of immigrants prescribed under paragraph (1)(a.4),

(a)regulations made pursuant to subparagraph (1)(a.5)(i) shall not apply in relation to immigrants to the extent that they intend to invest in a business or fund in that province; and

(b)regulations made pursuant to subparagraph (1)(a.5)(ii) shall not apply in relation to immigrants who intend to reside in that province.

Regulations must be consistent with agreements

(6) Regulations made pursuant to paragraphs (1)(a.4) and (f) must be consistent with all agreements entered into with provinces pursuant to section 108.

Renewal

(7) A country may be prescribed as a country under paragraph (1)(s) for a maximum period of two years, but any such prescription may be renewed.

Factors

(8) The Governor in Council shall take the following factors into account when determining whether to prescribe a country under paragraph (1)(s) or to renew any prescription made under that paragraph;

(a)whether the country is a party to the Convention;

(b)the country's policies and practices with respect to Convention refugee claims;

(c)the country's record with respect to human rights; and

(d)whether the country is a party to an agreement with Canada concerning the sharing of responsibility for examining refugee claims, notwithstanding that this factor is not a requirement for a country to be prescribed.

Monitoring

(9) After prescribing a country under paragraph (1)(s), the Governor in Council shall monitor that country in relation to the factors described in subsection (8).

Retroactive application of regulations

(10) A regulation made under any of paragraphs (1)(a) to (f.4) and (j.2) and (j.3) may, if it so provides, in relation to any prescribed class of immigrant or prescribed class of employment specified in the regulation, or in relation to any application for the approval of a business or fund, be retroactive and apply in respect of

(a)all applications for landing, for an employment authorization or for the approval of a business or fund, as the case may be, pending on the day on which the regulation comes into force;

(b)any pending application for landing, for an employment authorization or for the approval of a business or fund, as the case maybe, made after a date specified in the regulation that is before the day on which the regulation comes into force; or

(c)any pending application for landing, for an employment authorization or for the approval of a business or fund, as the case may be, that, on the day on which the regulation comes into force, had been assessed the extent specified in the regulation.

Idem

(11) Where the Minister is authorized by regulations made under paragraph (1)(a) to award units of assessment in respect of factors that an immigration officer must take into consideration in deciding whether a visa may be issued to an immigrant, any change that is brought about by a regulation made under that paragraph to the number of units of assessment that may be awarded by the Minister shall, if the regulation so provides, apply retroactively in respect of

(a)all applications for landing pending on the day on which the regulation comes into force;

(b)any pending application for landing made after a date specified in the regulation that is before the day on which the regulation comes into force; or

(c)any pending application for landing that on the day on which the regulation comes into force, had been assessed to the extent specified in the regulation.

Idem

(12) For greater certainty, where a regulation referred to in subsection (10) or (11) is expressed to apply retroactively, the regulation applies in respect of applications made before the coming into force of that subsection as well as in respect of applications made after the coming into force of that subsection.

Orders

115.

115.

Powers of Minister

The Minister may, by order

(a)establish such forms as the Minister deems necessary for the purposes of the administration of this Act, other than forms relating to claims, appeals and applications before the Refugee Division or the Appeal Division; and

(b)designate ports of entry and immigrant stations for the purposes of this Act.

Evidence

116.

116.

Proof of Minister

(1) Every document purporting to be a removal order, conditional removal order, rejection order, warrant, order, summons, direction or other document signed by the Minister, the Minister of Health, the Deputy Minister, an adjudicator, an immigration officer, a master or other person authorized or required by or under this Act to make the document is, in any prosecution or other proceeding under or arising out of this Act, evidence of the facts contained therein without proof of the signature or the official character of the person appearing to have signed the document, unless called into question by the Minister or any person acting for the Minister or for Her Majesty.

Forms established by Minister

(2) Every form purporting to be a form established by the Minister shall be deemed to be a form established by the Minister under this Act, unless called into question by the Minister or any person acting for the Minister or for Her Majesty.

Certificates respecting international agreements

(3) A document purporting to be a certificate issued by or under the authority of the Minister of Foreign Affairs stating

(a)that any convention, treaty, or other international agreement was or was not in force and that Canada was or was not a party thereto; or

(b)that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in whichCanada was involved;

is admissible in evidence in any proceeding under this Act without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.

117.

117.

Reports privileged

No security or criminal intelligence report, information or evidence referred to in subsection 39(2), section 40.1 or subsection 81(2) may be required to be produced in evidence before a court, person or body with jurisdiction to compel theproduction of information.

Recovery of Payments, Costs and Fines

118.

118.

Assignement of undertakings to provinces

(1) Where a person or organization gives an undertaking to the Minister to assist any immigrant in becoming sucessfullyestablished in Canada that undertaking may by notice in writing be assigned by the Minister to Her Majesty in right of any province.

Recovery for breach of undertaking

(2) Any payments of a prescribed nature made directly or indirectly to an immigrant that result from a breach of a undertaking referred to in subsection (1) may be recovered from the person or organization that gave the undertaking in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada or in right of the province to which the undertaking is assigned.

Debt due to Crown

(3) All costs incurred by Her Majesty for which any person is liable under this Act and all fines, court costs and administration fees imposed on or finally assessed against any person under this Act may be recovered as a debt due to Her Majesty.

Charge on property

(4) All costs incurred by Her Majesty in right of Canada or in right of any province for which any person or organization is liable under this Act and all fines, court costs and administration fees imposed on or finally assessed against any person or organization under this Act shall, until they are paid, be a charge on the property of the person or organization and may be enforced or collected by the seizure and sale of such property or a portion thereof under the warrant or order of a superior, county or district court.

Loans to Immigrants

119.

119.

Loans to immigrants

(1) The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund such sums as the Minister may require to enable the Minister to make loans to such classes of immigrants and such other classes of persons as may be prescribed for the purpose of

(a)paying the costs of establishing that they and their families may be granted admission;

(b)paying the costs of obtaining transportation to Canada and transportation from the port of arrival to the place of destination in Canada for them and their families; and

(c)paying the reasonable living expenses of those persons and their families and such other expenses as are prescribed in order to assist those persons in establishing themselves sucessfully in Canada.

Repayment to Receiver General

(2) The Minister shall pay to the Receiver General all moneys the Minister receives by way of repayments of loans made under subsection (1) and all payments of interest thereon.

Limitation

(3) The total amount of outstanding advances to the Minister under subsection (1) shall not at any time exceed the amount prescribed under paragraph 114(1)(u.1).

Report to Parliament

(4) The Minister shall, within six months following the commencement of each fiscal year or, if Parliament is not then sitting, within the first fifteen days next thereafter that either House of Parliament is sitting, cause to be laid before Parliament a report setting out the total number and amount of loans made under subsection (1) during the preceding fiscal year.

Assistance on Leaving Canada

120.

120.

Assistance in certain cases

The Minister may direct that the costs of transportation from Canada and any related expenses be paid out of moneys appropriated by Parliament in the case of persons

(a)whose costs of transportation are not, under this Act, payable by a transportation company;

(b)who should, in the opinion of the Minister, be assisted in leaving Canada in order to avoid separation of a family or for other good cause; and

(c)who are, in the opinion of the Minister , unable to defray, without hardship, their own costs of transportation.

Delegation

121.

121.

Delegation of authority

(1) Subject to subsection (1.1), the Minister or the Deputy Minister, as the case may be, may authorize such persons employed in the public service of Canada as the Minister or Deputy Minister deems proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by the Minister or Deputy Minister, as the case may be, under this Act or the regulations.

Exception

(1.1) The Minister or the Deputy Minister, as the case may be, may not authorize the exercising of the powers or the performing of the duties and functions referred to in subsection 9(5), paragraphs 19(1)(c.2), (f), (k) and (l), subsections 39(2), 40(1) and 40.1(1), subparagraph 46.01(1)(e)(ii), paragraph 53(1)(b) and subsections 81(2) and 82(1).

Idem

(2) Any power exercised or duty or function performed under subsection (1) by any person authorized to exercise or perform it shall be deemed to have been exercised or performed by the Minister or Deputy Minister, as the case may be.

Transitional

122.

122.

Deemed date of landing

Where a person has been granted landing pursuant to to an application made under subsection 124(1) of the Immigration Act, 1976, chapter 52 of the Statutes of Canada 1976-77, that person shall for the purpose of the Citizenship Act, be deemed to have been granted landing on the earlier of the day on which he came into Canada under the authority of the permit referred to in that subsection, or, where he is and has been in Canada under the authority of such a permit for a continuous period of time in excess of twelve months, the first day of that continuous period of time 1976-77, c.52. s 124.

123.

123.

Deportation, effect of former Act

Where a person acquired Canadian domicile in accordance with the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1970, and did not lose Canadian domicile before April 10, 1978, a deportation order may not be made against that person on the basis of any activity, carried on by him before that date, for which a deportation order could not have been made against him under that Act.

SCHEDULE (Subsection 2(1)) - SECTIONS E AND F OF ARTICLE 1 OF THE UNITED NATIONS CONVENTION RELATING TO THE STATUS OF REFUGEES [Omitted]



[1]* Paragraph 19(1)(c.2) is replaced by the following (1996, c. 19, s. 83, to come into force by order of the Governor in Council) :"(c.2) persons who there are reasonable grounds to believe are or were members of an organization that there are reasonable grounds to believe is or was 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 any offence under the Criminal Code or Controlled Drugs and Substances Act that may be punishable by way of indictment or in the commission outside Canada of an act or omission that, if committed in Canada, would constitute such an offence, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest;"

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