Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

• (ii.2) evidence that the offender involved a person under the age of 18 years in the commission of the offence,

money laundering offence

money laundering offence means an offence under subsection 462.31(1) or (2.1) of the Criminal Code. (infraction de recyclage des produits de la criminalité)

• Marginal note:Personal consent of Attorney General

  (3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) or (2.1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

• Marginal note:Other prohibitions — subsection 5.01(1)

  (5) Subject to subsection 5.01(2), no person shall manufacture, import, distribute, lease, offer for sale, sell or possess any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, specified by the Minister under subsection 5.01(1).

Marginal note:Subsection 4(5) — devices

• 5.01 (1) For the purposes of subsection 4(5), the Minister may, by order, specify any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, that the Minister is of the opinion, having regard to the circumstances, is likely used, or intended to be used, to intercept and make use of, or to intercept and divulge, any radiocommunication for a purpose that the Minister specifies in the order.

• Marginal note:Subsection 4(5) — exemption

  (2) For the purposes of subsection 4(5), the Minister may also, by order, exempt any person, or class of persons, in whole or in part, on the conditions that the Minister may specify, from the application of that subsection.

Marginal note:Incorporation by reference

• 5.02 (1) An order made under subsection 5.01(1) or (2) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

• Marginal note:Accessibility of incorporated documents

  (2) The Minister shall ensure that any document that is incorporated by reference in the order is accessible.

• Marginal note:No finding of guilt or administrative penalty

  (3) A person is not liable to be found guilty of an offence or subjected to an administrative monetary penalty for any contravention in respect of which a document that is incorporated by reference in the order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

• Marginal note:No registration or publication required

  (4) For greater certainty, a document that is incorporated by reference in the order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

• Marginal note:Existing power not limited

  (5) For greater certainty, the express power in this section to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.

Marginal note:Commission of violation

15.1 Every contravention of any of subsections 4(1), (3) to (5) and 5(1.5) constitutes a violation and the person who commits the violation is liable

Self-service

Marginal note:Self-service mechanism

• 27.01 (1) A telecommunications service provider must make available to its subscribers a self-service mechanism that meets the requirements established by the Commission under subsection (2) and allows them, within the terms of the contract for telecommunications services that they have entered into with the provider, to cancel the contract or modify the telecommunications service plan established under the contract.

• Marginal note:Requirements

  (2) For the purposes of subsection (1), the Commission must establish what constitutes self-service and the requirements in relation to self-service mechanisms. The Commission may also specify types of self-service mechanisms that are acceptable for the purposes of that subsection.

Notices

Marginal note:Notice of expiry

• 27.02 (1) A telecommunications service provider that has a fixed-term contract for telecommunications services with a subscriber must, before the expiry of the contract, provide the subscriber with a notice that the contract is set to expire.

• Marginal note:Form and manner

  (2) The Commission must specify the form and manner in which — as well as the time within which and the frequency at which — the notice is to be provided under subsection (1).

• Marginal note:Content of notice

  (3) The notice must contain, for the purpose of assisting the subscriber in selecting a new telecommunications service plan,

  • (a) a list of telecommunications service plans offered by the telecommunications service provider that meet the criteria that the Commission may specify;

  • (b) information relating to those plans, to be specified by the Commission;

  • (c) information relating to the self-service mechanism referred to in section 27.01; and

  • (d) any other information that the Commission may specify.

Marginal note:Notice

27.03 The Commission may require a telecommunications service provider to provide — in the form and manner and at the frequency that the Commission specifies — its subscribers who do not have a fixed-term contract for telecommunications services with a notice containing the information set out in subsection 27.02(3).

Prohibition

Marginal note:Prohibition

• 27.04 (1) A telecommunications service provider must not charge a fee to a subscriber that is related to the activation or modification of a telecommunications service plan, or any other fee whose main purpose is, in the opinion of the Commission, to discourage subscribers from modifying their service plan or cancelling their contract for telecommunications services.

• Marginal note:Types of fees

  (2) The Commission must specify the types of fees for the purposes of subsection (1).

Exemption

Marginal note:Exemption

27.05 The Commission may, subject to any conditions that it may specify, exempt any telecommunications service provider or class of telecommunications service providers from the application, in whole or in part, of sections 27.01, 27.02 and 27.04.

Marginal note:Definition of visitor

58.1 Despite the definition visitor in subsection 2(1), in sections 59 and 60 visitor does not include an immigration detainee, as defined in section 94.1.

Support to Canada Border Services Agency

Marginal note:Definitions

94.1 The definitions in this section apply in sections 94.2, 94.3 and 94.5 to 94.8.

designated immigrant station

designated immigrant station means any area of a penitentiary designated under subsection 94.4(1). (poste d’attente désigné)

detention enforcement officer

detention enforcement officer means a person who is designated or authorized under section 6 of the Immigration and Refugee Protection Act. (agent de détention)

immigration detainee

immigration detainee means a person who is detained under the Immigration and Refugee Protection Act. (détenu de l’immigration)

Marginal note:Support

• 94.2 (1) The Service may, in accordance with an arrangement entered into under section 94.3, provide support, including through the provision of services, to the Canada Border Services Agency

  • (a) to assist the Agency in the exercise of the powers and the performance of the duties and functions that relate to the Immigration and Refugee Protection Act and are conferred on it under subsection 12(1) of the Canada Border Services Agency Act; and

  • (b) to assist detention enforcement officers in the exercise of the powers or the performance of the duties and functions that are conferred on them under the Immigration and Refugee Protection Act or that relate to that Act and are conferred on them under subsection 12(2) of the Canada Border Services Agency Act.

• Marginal note:Limitation

  (2) The support referred to in subsection (1) must not include

  • (a) the placement of a staff member in immediate charge or control of an immigrant station, as defined in subsection 142(2) of the Immigration and Refugee Protection Act;

  • (b) subject to subsection 94.7(4), the search, escort, arrest or detention of an immigration detainee by a staff member; or

  • (c) subject to subsection 94.7(5), the provision of health care to an immigration detainee by a registered health care professional employed or engaged by the Service.

Marginal note:Arrangements

• 94.3 (1) The Commissioner may enter into an arrangement with the Canada Border Services Agency for the provision, by the Service, of support, including through the provision of services, to the Agency in order to assist it in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(a) and to assist detention enforcement officers in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(b).

• Marginal note:Approval of Minister

  (2) An arrangement is subject to the approval of the Minister.

• Marginal note:Mandatory terms

  (3) An arrangement must include terms that

  • (a) specify the duration of the arrangement, the nature of the support to be provided and the name of a penitentiary of which an area may be the subject of a designation under subsection 94.4(1); and

  • (b) set out a procedure — to which every immigration detainee is to have complete access without negative consequences — for fairly and expeditiously resolving immigration detainees’ complaints with respect to activities carried out under an authorization granted under subsection 94.7(4) or health care provided under subsection 94.7(5).

• Marginal note:Cost recovery

  (4) An arrangement may provide for the recovery of costs incurred by the Service with respect to the provision of support to the Canada Border Services Agency.

Marginal note:Designation

• 94.4 (1) At the written request of the President of the Canada Border Services Agency, the Commissioner may, for the purpose of implementing an arrangement entered into under subsection 94.3(1), designate any area of a penitentiary named in the arrangement for the purpose of subsection 142(3) of the Immigration and Refugee Protection Act.

• Marginal note:Deeming

  (2) Except as otherwise provided in this Act or the regulations or in any other Act of Parliament or its regulations, an area designated under subsection (1) is deemed not to be a penitentiary.

Marginal note:Prohibition — access to penitentiary

• 94.5 (1) A staff member or a detention enforcement officer must not permit an immigration detainee of a designated immigrant station adjacent to a penitentiary to have access to an area of the penitentiary unless

  • (a) the institutional head authorizes the access to the area so that the Service may provide support under subsection 94.2(1);

  • (b) the immigration detainee is escorted by a detention enforcement officer; and

  • (c) no inmate is present in the area.

• Marginal note:Non-application of paragraph (1)(c)

  (2) Paragraph (1)(c) does not apply with respect to an immigration detainee of a designated immigrant station adjacent to a penitentiary during any period that begins when the institutional head declares under paragraph 94.7(1)(a) that exigent circumstances exist with respect to the designated immigrant station and ends when the institutional head is satisfied that those exigent circumstances no longer exist.

Marginal note:Prohibition — access to immigrant station

• 94.6 (1) A staff member or detention enforcement officer must not permit an inmate of a penitentiary to have access to a designated immigrant station adjacent to the penitentiary.

• Marginal note:Non-application

  (2) Subsection (1) does not apply with respect to an inmate of a penitentiary during any period that begins when the institutional head declares under paragraph 94.7(1)(b) that exigent circumstances exist with respect to the penitentiary and ends when the institutional head is satisfied that those exigent circumstances no longer exist if

  • (a) the institutional head authorizes the access to the immigrant station; and

  • (b) the inmate is escorted by a staff member.

Marginal note:Exigent circumstances — declaration

• 94.7 (1) The institutional head of a penitentiary may declare in writing that exigent circumstances exist with respect to

  • (a) a designated immigrant station adjacent to the penitentiary, if the institutional head is satisfied that there are reasonable grounds to believe that there is a clear and substantial danger to the life or safety of persons in the designated immigrant station or to the security of the designated immigrant station; or

  • (b) the penitentiary, if the institutional head is satisfied that there are reasonable grounds to believe that there is a clear and substantial danger to the life or safety of persons in the penitentiary or to the security of the penitentiary.

• Marginal note:Notice — staff members and detention enforcement officers

  (2) If the institutional head declares under subsection (1) that exigent circumstances exist with respect to a designated immigrant station adjacent to the penitentiary or with respect to the penitentiary adjacent to a designated immigrant station, the institutional head must immediately notify the staff members of the penitentiary and the detention enforcement officers of the designated immigrant station. When the institutional head is satisfied that the exigent circumstances no longer exist, the institutional head must immediately notify the staff members and detention enforcement officers.

• Marginal note:Notice — portion of Service that administers health care

  (3) If the institutional head declares under paragraph (1)(a) that exigent circumstances exist with respect to a designated immigrant station, the institutional head must immediately notify the portion of the Service that administers health care. When the institutional head is satisfied that the exigent circumstances no longer exist, the institutional head must immediately notify that portion of the Service.

• Marginal note:Additional support

  (4) If the institutional head declares under paragraph (1)(a) that exigent circumstances exist with respect to a designated immigrant station, the institutional head may, during the period in which they are satisfied that the exigent circumstances exist, authorize a staff member to search, escort, arrest or detain an immigration detainee in the designated immigrant station to assist a detention enforcement officer in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(b).

• Marginal note:Health care

  (5) During the period that begins when the portion of the Service that administers health care is notified under subsection (3) that exigent circumstances exist with respect to a designated immigrant station and ends when it is notified under that subsection that the exigent circumstances no longer exist, a registered health care professional employed or engaged by the Service may provide health care to an immigration detainee of the designated immigrant station if the professional considers it necessary in order to preserve the life of, or treat a serious bodily injury suffered by, that detainee.

• Marginal note:Delivery of items

  (6) If, in the course of activities carried out under an authorization granted under subsection (4), a staff member finds an item that the Canada Border Services Agency has prohibited within the designated immigrant station, the staff member must immediately deliver the item to a detention enforcement officer.

• Marginal note:Seizure

  (7) If an item is delivered to a detention enforcement officer under subsection (6), the detention enforcement officer may seize and hold the item under section 140 of the Immigration and Refugee Protection Act.

• Marginal note:Peace officer

  (8) In the course of activities carried out under an authorization granted under subsection (4), a staff member has all the powers, authority, protection and privileges that a peace officer has by law in respect of an immigration detainee.

Marginal note:Members of Parliament and judges

94.8 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to enter any designated immigrant station, visit any part of a designated immigrant station and visit any immigration detainee, with the consent of the immigration detainee, subject to such reasonable limits as are prescribed for protecting the security of the designated immigrant station or the safety of persons.