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  1. Budget Implementation Act, 2019, No. 1 - S.C. 2019, c. 29 (Section 292)

    292 The College of Immigration and Citizenship Consultants Act is enacted as follows:

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    Marginal note:Public records

    • 14 (1) The College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain

      [...]

    • Marginal note:Accounting records and financial statements

      (2) The College must prepare and maintain adequate accounting records and annual financial statements.

    • Marginal note:Retention period

      (3) Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board.

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    Marginal note:Power to require information and documents

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    • (3) The investigator may, for that purpose,

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      • (h) take photographs or make recordings or make a copy of anything in the place.

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    66 The Discipline Committee has the power

    • (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record;

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    Marginal note:By-laws

    • 80 (1) The Board may, by a resolution approved by at least the majority of directors present at a meeting or by a resolution referred to in subsection 27(1) approved by at least the majority of directors, make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws

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      • (u) respecting the keeping and preservation of records by licensees;

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    Marginal note:Applicable provisions if Council continued

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    • (7) Beginning on the date of continuance,

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      • (g) any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College;

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    Marginal note:Applicable provisions if College established

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    • Marginal note:Right to relevant records

      (6) Beginning on the day on which an order made under section 86 comes into force, any person who is in possession or control of records of the Council that are relevant to the purpose of the College must, at the College’s request, provide the College with a copy of those records.

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  2. Budget Implementation Act, 2019, No. 1 - S.C. 2019, c. 29 (Section 292)

    [...]

    292 The College of Immigration and Citizenship Consultants Act is enacted as follows:

    [...]

    [...]

    [...]

    Marginal note:Public records

    • 14 (1) The College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain

      [...]

    • Marginal note:Accounting records and financial statements

      (2) The College must prepare and maintain adequate accounting records and annual financial statements.

    • Marginal note:Retention period

      (3) Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board.

    [...]

    Marginal note:Power to require information and documents

    • [...]

    • (3) The investigator may, for that purpose,

      • [...]

      • (h) take photographs or make recordings or make a copy of anything in the place.

    [...]

    66 The Discipline Committee has the power

    • (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record;

    [...]

    Marginal note:By-laws

    • 80 (1) The Board may, by a resolution approved by at least the majority of directors present at a meeting or by a resolution referred to in subsection 27(1) approved by at least the majority of directors, make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws

      • [...]

      • (u) respecting the keeping and preservation of records by licensees;

    [...]

    [...]

    Marginal note:Applicable provisions if Council continued

    • [...]

    • (7) Beginning on the date of continuance,

      • [...]

      • (g) any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College;

    [...]

    Marginal note:Applicable provisions if College established

    • [...]

    • Marginal note:Right to relevant records

      (6) Beginning on the day on which an order made under section 86 comes into force, any person who is in possession or control of records of the Council that are relevant to the purpose of the College must, at the College’s request, provide the College with a copy of those records.

    [...]


  3. Budget Implementation Act, 2019, No. 1 - S.C. 2019, c. 29 (Section 252)

    252 The Act is amended by adding the following after section 46:

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    Marginal note:Authority to enter

    • 46.12 (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that

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      • (c) there is any book, record, electronic data or other document relating to the application of this Act.

    • (2) The authorized person may, for that purpose,

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      • (i) take photographs or make recordings or sketches;

    Marginal note:Dwelling house or living quarters

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    • Marginal note:Telewarrant

      (4) If an authorized person believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

    [...]

    Marginal note:Custody of thing seized

    46.18 If an authorized person seizes a thing, the authorized person, or any person that they may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

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    Marginal note:Violation — person

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    • Marginal note:Nature of violation

      (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

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    Marginal note:Manner of service

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    • (2) Service may be proved by

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      • (c) a record of electronic transmission setting out the date and time of transmission.

    • (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

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      • (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.

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    Public Record

    Marginal note:Disclosure of notices of violation and default

    46.44 The Minister shall keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or ship that committed it and the amount of the penalty.

    Marginal note:Notations removed

    • 46.45 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the violation or default.

    [...]


  4. Budget Implementation Act, 2019, No. 1 - S.C. 2019, c. 29 (Section 252)

    [...]

    252 The Act is amended by adding the following after section 46:

    [...]

    Marginal note:Authority to enter

    • 46.12 (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that

      • [...]

      • (c) there is any book, record, electronic data or other document relating to the application of this Act.

    • (2) The authorized person may, for that purpose,

      • [...]

      • (i) take photographs or make recordings or sketches;

    Marginal note:Dwelling house or living quarters

    • [...]

    • Marginal note:Telewarrant

      (4) If an authorized person believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

    [...]

    Marginal note:Custody of thing seized

    46.18 If an authorized person seizes a thing, the authorized person, or any person that they may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

    [...]

    Marginal note:Violation — person

    • [...]

    • Marginal note:Nature of violation

      (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

    [...]

    Marginal note:Manner of service

    • [...]

    • (2) Service may be proved by

      • [...]

      • (c) a record of electronic transmission setting out the date and time of transmission.

    • (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

      • [...]

      • (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.

    [...]

    Public Record

    Marginal note:Disclosure of notices of violation and default

    46.44 The Minister shall keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or ship that committed it and the amount of the penalty.

    Marginal note:Notations removed

    • 46.45 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the violation or default.

    [...]


  5. Budget Implementation Act, 2019, No. 1 - S.C. 2019, c. 29 (Section 170)

    170 Section 23 of the Act is replaced by the following:

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    Marginal note:Powers of inspectors

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    • (2) The inspector may, in the place entered under subsection (1),

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      • (c) examine — and make copies of or take extracts from — any record, report, electronic data or other document that is found at the place and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations;

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      • (j) take photographs and make recordings and sketches;

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    • Marginal note:Telewarrant

      (12) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (10), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

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    • (14) In subsections (1) and (2), article to which this Act or the regulations apply includes

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      • (c) any record, report, electronic data or other document — including any labelling or advertising material — relating to the administration of this Act or the regulations.


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