Marginal note:Service abroad

39. The service of a document in the territory over which the state or entity has jurisdiction may be proved by affidavit of the person who served it.

Marginal note:Special authorization

• 40. (1) The Minister may, in order to give effect to a request of a Canadian competent authority, authorize a person in a state or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable.

• Marginal note:Variation of authorization

  (2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada.

• Marginal note:Non-compliance with conditions of authorization

  (3) A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration and Refugee Protection Act, be deemed to be a person who entered Canada as a temporary resident and remains after the period authorized for their stay.

Marginal note:Safe conduct

• 41. (1) A person who is in Canada pursuant to a request to give evidence in a proceeding or to give assistance in relation to an investigation or proceeding

  • (a) may not be detained, prosecuted or punished in Canada for any act or omission that occurred before the person’s departure from the state or entity pursuant to the request;

  • (b) is not subject to civil process in respect of any act or omission that occurred before the person’s departure from the state or entity pursuant to the request; and

  • (c) may not be required to give evidence in any proceeding in Canada other than the proceeding to which the request relates.

• Marginal note:Limitation

  (2) Subsection (1) ceases to apply to a person who is in Canada pursuant to a request when the person leaves Canada or has the opportunity to leave Canada but remains in Canada for a purpose other than fulfilling the request.