Protecting Canada’s Immigration System Act (S.C. 2012, c. 17)
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Assented to 2012-06-28
2010, c. 8BALANCED REFUGEE REFORM ACT
69. Section 42 of the Act is replaced by the following:
Marginal note:Order in council
42. (1) The provisions of this Act, except sections 3 to 6, 9, 13 and 14, subsection 15(3) and sections 28, 31, 32, 39 and 40, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Subsection 15(3)
(2) Subsection 15(3) comes into force on the day on which the Protecting Canada’s Immigration System Act receives royal assent.
1994, c. 40MARINE TRANSPORTATION SECURITY ACT
Marginal note:2001, c. 29, s. 56
70. (1) The portion of subsection 5(2) of the Marine Transportation Security Act before paragraph (a) is replaced by the following:
Marginal note:Offences relating to regulations — general
(2) Every person who contravenes a regulation made under subsection (1), other than a provision that sets out an obligation described in subsection (3), is guilty of an offence punishable on summary conviction and liable
(2) Section 5 of the Act is amended by adding the following after subsection (2):
Marginal note:Offences — information to be reported before vessel enters Canadian waters
(3) Every individual who contravenes, in a regulation made under subsection (1), a provision that sets out an obligation to provide information required to be reported before a vessel enters Canadian waters, is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $75,000 or to imprisonment for a term of not more than one year or to both; or
(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months or to both.
71. The Act is amended by adding the following after section 5:
Marginal note:Regulations — disclosure of information
5.1 (1) The Governor in Council may make regulations respecting the disclosure by the Minister to departments or agencies of the Government of Canada or members or agents of such departments or agencies, for the purpose of protecting the safety or security of Canada or Canadians, of information collected for the purposes of this Act in respect of any vessel referred to in subsection (2).
Marginal note:Vessels
(2) The vessels in respect of which the information may be disclosed are those that, in the Minister’s opinion, may pose a threat to the safety or security of Canada or Canadians.
72. Section 17 of the Act is replaced by the following:
Marginal note:Offences relating to directions — operator
17. (1) An operator of a vessel that contravenes a direction is guilty of an offence and liable
(a) on conviction on indictment
(i) in the case of an individual, for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, and, for any subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years or to both, or
(ii) in the case of a corporation, for a first offence, to a fine of not more than $500,000 and, for any subsequent offence, to a fine of not more than $1,000,000; or
(b) on summary conviction
(i) in the case of an individual, for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months or to both, and, for any subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, or
(ii) in the case of a corporation, for a first offence, to a fine of not more than $250,000 and, for any subsequent offence, to a fine of not more than $500,000.
Marginal note:Offences relating to directions — vessel
(2) A vessel that contravenes a direction is guilty of an offence and liable on summary conviction, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $200,000.
73. (1) The portion of subsection 25(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence
(4) Every person who contravenes subsection (1) or (2) or any of paragraphs (3)(b) to (e) is guilty of an offence and liable
(2) Section 25 of the Act is amended by adding the following after subsection (4):
Marginal note:Offence
(5) Every person who contravenes paragraph (3)(a) is guilty of an offence and liable
(a) on conviction on indictment
(i) in the case of an individual, for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, and, for any subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years or to both, or
(ii) in the case of a corporation, for a first offence, to a fine of not more than $500,000 and, for any subsequent offence, to a fine of not more than $1,000,000; or
(b) on summary conviction
(i) in the case of an individual, for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months or to both, and, for any subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, or
(ii) in the case of a corporation, for a first offence, to a fine of not more than $250,000 and, for any subsequent offence, to a fine of not more than $500,000.
74. Section 26 of the English version of the Act is replaced by the following:
Marginal note:Continuing offence
26. If an offence is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.
75. Section 28 of the Act is amended by adding the following after subsection (4):
Marginal note:Vessels — proof related to directions
(5) In a prosecution of a vessel for an offence under subsection 17(2), evidence that a direction was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is, in the absence of evidence to the contrary, proof that it was given to the vessel.
Marginal note:Vessels — proof of offence
(6) In a prosecution of a vessel for an offence under subsection 17(2), the vessel is liable to be convicted of the offence if it is established that the offence was committed by the operator or by any person on board, other than a security inspector, whether or not the person on board has been identified, prosecuted or convicted.
76. Section 29 of the Act is replaced by the following:
Marginal note:Defence
29. A person shall not be convicted of an offence under this Act if they establish that they exercised all due diligence to prevent its commission, and a vessel shall not be convicted of an offence under subsection 17(2) if the person who committed the act or omission that constitutes the offence establishes that they exercised all due diligence to prevent its commission.
77. Subsection 31(1) of the Act is replaced by the following:
Marginal note:Recovery of fines
31. (1) If a fine imposed on a person or vessel convicted of an offence under this Act is not paid when required, the conviction may be registered in the superior court of the province in which the trial was held and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment of that court obtained by Her Majesty in right of Canada against the convicted person or vessel for a debt in the amount of the fine.
1994, c. 31DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT
78. The Department of Citizenship and Immigration Act is amended by adding the following after section 5:
Marginal note:Agreements
5.1 (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with any foreign government for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of immigration application services and other related services on that government’s behalf for purposes related to the administration and enforcement of their immigration laws.
Marginal note:Arrangements
(2) The Minister may enter into an arrangement with any foreign government for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of immigration application services and other related services on that government’s behalf for purposes related to the administration and enforcement of their immigration laws.
Marginal note:Amounts received
(3) The Minister may use the amounts received for the provision of services under an agreement or arrangement — in the fiscal year in which they are received or in the following fiscal year — to offset the expenditures that the Minister incurs for the provision of such services.
Marginal note:Services
5.2 The Minister may provide services to the Canada Border Services Agency.
TRANSITIONAL PROVISIONS
Definition of “the Act”
79. In sections 80 to 83.1, “the Act” means the Immigration and Refugee Protection Act.
Marginal note:Humanitarian and compassionate and public policy considerations
80. Every request that is made under subsection 25(1) of the Act or for the purposes of subsection 25.2(1) of the Act, as the Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with the Act as it read immediately before that day.
Marginal note:Designation under section 20.1
81. (1) A designation may be made under subsection 20.1(1) of the Act, as enacted by section 10, in respect of an arrival in Canada — after March 31, 2009 but before the day on which this section comes into force — of a group of persons.
Marginal note:Effects of designation to apply
(2) For greater certainty and subject to subsection (3), if a designation that is authorized under subsection (1) is made, then the definition “designated foreign national” in subsection 2(1) of the Act, as enacted by section 2, and any provisions of the Act, as enacted by this Act, that provide for the effects of the designation apply.
Marginal note:Exception — person not in detention
(3) If a designation that is authorized under subsection (1) is made, then paragraph 55(3.1)(b) of the Act, as enacted by subsection 23(3), does not apply in respect of a person who, as a result of that designation, becomes a designated foreign national and who, on the day on which this section comes into force, is not in detention under Division 6 of Part 1 of the Act.
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