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

Related Amendments

R.S., c. C-29Citizenship Act

Marginal note:2014, c. 22, s. 18

• 293 (1) Paragraph 21.1(2)(c) of the Citizenship Act is replaced by the following:

  • (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

• Marginal note:2014, c. 22, s. 18

  (2) Subsections 21.1(5) to (8) of the Act are repealed.

• 294 (1) Subsection 27(1) of the Act is amended by striking out “and” at the end of paragraph (k.5) and by adding the following after paragraph (k.5):

  • (k.6) establishing a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (k.7) and setting the amounts of those administrative monetary penalties;

  • (k.7) designating as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act;

  • (k.8) prohibiting acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (k.7);

  • (k.9) providing for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (k.7); and

• (2) Section 27 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Right to request review

    (3) Any regulation made under paragraph (1)(k.6) must provide that a person referred to in any of subsections 21.1(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.

  • Marginal note:Appointment — order

    (4) The Governor in Council may, by order, appoint one or more citizens or permanent residents, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(k.6) and to perform any other function conferred on them by a regulation made under that paragraph.

  • Marginal note:Tenure

    (5) A person appointed by order under subsection (4) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time.

Marginal note:2014, c. 22, s. 29

295 Paragraphs 29.1(a) and (b) of the Act are replaced by the following:

2001, c. 27Immigration and Refugee Protection Act

Marginal note:2011, c. 8, s. 1

• 296 (1) Paragraph 91(2)(c) of the Immigration and Refugee Protection Act is replaced by the following:

  • (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

• Marginal note:2011, c. 8, s. 1; 2013, c. 40, ss. 292(2) and (3)(E)

  (2) Subsections 91(5) to (7) of the Act are repealed.

• Marginal note:2011, c. 8, s. 1

  (3) Subsections 91(7.1) and (8) of the Act are replaced by the following:

  • Marginal note:Québec Immigration Act

    (7.1) For greater certainty, the Québec Immigration Act, CQLR, c. I-0.2.1, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and is a member of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

• Marginal note:2011, c. 8, s. 1

  (4) Paragraphs 91(9)(a) and (b) of the Act are replaced by the following:

  • (a) on conviction on indictment, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both.

297 The Act is amended by adding the following after section 91:

Consequential Amendments

R.S., c. A-1Access to Information Act

298 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. P-21Privacy Act

299 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Coming into Force

Marginal note:Order in council

• 300 (1) Section 292 comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Section 293 and subsections 296(1) to (3) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day that is fixed under subsection (1).

• Marginal note:Date of continuance or order in council

  (3) Sections 298 and 299 come into force on the date of continuance, as defined in section 83 of the College of Immigration and Citizenship Consultants Act, or on the day on which an order made under section 86 of that Act comes into force.

DIVISION 162001, c. 27Immigration and Refugee Protection Act

Amendments to the Act

301 Subsection 3(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (f):

• 302 (1) Section 24 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Restriction — pending application for protection

    (3.1) A foreign national whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division may not request a temporary resident permit if they have made an application for protection to the Minister that is pending.

• Marginal note:2010, c. 8, s. 3

  (2) Subsection 24(4) of the Act is replaced by the following:

  • Marginal note:Restriction

    (4) A foreign national whose claim for refugee protection has not been allowed may not request a temporary resident permit if less than 12 months have passed since

    • (a) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review; or

    • (b) in any other case, the latest of

      • (i) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred,

      • (ii) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and

      • (iii) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim.

Marginal note:2012, c. 17, s. 13(3)

303 Subsection 25(1.2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

304 The Act is amended by adding the following after section 87.3:

• 305 (1) Subsection 100(1) of the Act is replaced by the following:

  Marginal note:Referral to Refugee Protection Division

  • 100 (1) An officer shall, after receipt of a claim referred to in subsection 99(3), determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall refer the claim in accordance with the rules of the Board.

• (2) Subsection 100(3) of the Act is replaced by the following:

  • Marginal note:Consideration of claim

    (3) The Refugee Protection Division may not consider a claim until it is referred by the officer.

306 Subsection 101(1) of the Act is amended by adding the following after paragraph (c):