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Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2022-11-16 and last amended on 2022-06-23. Previous Versions

PART 3Enforcement (continued)

Officers Authorized to Enforce Act (continued)

Marginal note:Oaths and evidence

 Every officer has the authority to administer oaths and to take and receive evidence under oath on any matter arising out of this Act.

Peace Officers

Marginal note:Duties of peace officers to execute orders

 Every peace officer and every person in immediate charge or control of an immigrant station shall, when so directed by an officer, execute any warrant or written order issued under this Act for the arrest, detention or removal from Canada of any permanent resident or foreign national.

  • 2001, c. 27, s. 142
  • 2015, c. 3, s. 116(F)

Marginal note:Authority to execute warrants and orders

 A warrant issued or an order to detain made under this Act is, notwithstanding any other law, sufficient authority to the person to whom it is addressed or who may receive and execute it to arrest and detain the person with respect to whom the warrant or order was issued or made.

Ticketable Offences

Marginal note:Prosecution of designated offences

  •  (1) In addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any offence that is prescribed by regulation may be commenced in accordance with this section.

  • Marginal note:Procedure

    (2) An officer may commence a proceeding by

    • (a) completing a ticket that consists of a summons portion and an information portion;

    • (b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused’s latest known address; and

    • (c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.

  • Marginal note:Content of ticket

    (3) The summons and information portions of a ticket must

    • (a) set out a description of the offence and the time and place of its alleged commission;

    • (b) include a statement, signed by the officer, that there are reasonable grounds to believe that the accused committed the offence;

    • (c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it must be paid;

    • (d) include a statement that, if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

    • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.

  • Marginal note:Consequences of payment

    (4) Payment of the fine by the accused within the period set out in the ticket constitutes a plea of guilty to the offence described in the ticket and, following the payment,

    • (a) a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and

    • (b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

  • Marginal note:Regulations

    (5) The regulations may provide for any matter relating to the application of this section, and may include provisions prescribing

    • (a) the offences referred to in subsection (1) and the manner in which those offences may be described in tickets; and

    • (b) the amount of the fine, not exceeding $10,000, for a prescribed offence.

Debt Due to Her Majesty

Marginal note:Debts due

  •  (1) The following amounts are debts due to Her Majesty in right of Canada payable on demand:

    • (a) a debt incurred by Her Majesty for which any person is liable under this Act;

    • (b) an amount that a person has agreed to pay as a deposit or guarantee of performance of an obligation under this Act;

    • (b.1) the amount of a penalty imposed under any regulation made under paragraph 32(d.4);

    • (c) the costs incurred in removing a prescribed foreign national from Canada;

    • (d) an amount that is ordered to be paid under section 147 on account of an unpaid liability; and

    • (e) an amount referred to in paragraph 148(1)(g).

  • Marginal note:Debts due — sponsors

    (2) Subject to any federal-provincial agreement, an amount that a sponsor is required to pay under the terms of an undertaking is payable on demand to Her Majesty in right of Canada and Her Majesty in right of the province concerned and may be recovered by Her Majesty in either or both of those rights.

  • Marginal note:Recovery of debt

    (3) A debt may be recovered at any time.

  • 2001, c. 27, s. 145
  • 2014, c. 20, s. 304

Collection of Debts Due to Her Majesty

Marginal note:Certificates

  •  (1) An amount or part of an amount payable under this Act that has not been paid may be certified by the Minister

    • (a) without delay, if the Minister is of the opinion that the person liable for that amount is attempting to avoid payment; and

    • (b) in any other case, on the expiration of 30 days after the default.

  • Marginal note:Minister of Employment and Social Development

    (1.1) When a penalty is imposed as a result of the Minister of Employment and Social Development exercising a power conferred on him or her by regulation made under paragraph 32(d.4), that Minister is responsible for the recovery of the debt referred to in paragraph 145(1)(b.1).

  • Marginal note:Judgments

    (2) The certificate is to be filed and registered in the Federal Court and, when registered, has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate plus interest to the day of payment.

  • Marginal note:Costs

    (3) The costs of registering the certificate are recoverable in the same manner as if they had been included in the certificate.

  • 2001, c. 27, s. 146
  • 2014, c. 20, s. 305

Marginal note:Garnishment

  •  (1) If the Minister is of the opinion that a person is or is about to become liable to make a payment to a person liable to make a payment under this Act, the Minister may, by written notice, order the first person to pay to the Receiver General, on account of the second person’s liability, all or part of the money otherwise payable to the second person.

  • Marginal note:Applicability to future payments

    (2) If the Minister, under subsection (1), orders an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,

    • (a) the order is applicable to all future payments of remuneration until the liability is satisfied; and

    • (b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Minister stipulates in the notice.

  • Marginal note:Discharge of liability

    (3) The receipt of the Minister is a good and sufficient discharge of the original liability to the extent of the payment.

  • Marginal note:Regulations

    (4) The regulations may provide for any matter relating to the application of this section.

Transportation Companies

Marginal note:Obligation of operators of vehicles and facilities

  •  (1) A person who owns or operates a vehicle or a transportation facility, and an agent for such a person, must, in accordance with the regulations,

    • (a) not carry to Canada a person who is prescribed or does not hold a prescribed document, or whom an officer directs not to be carried;

    • (b) hold the prescribed documentation of a person whom it carries to Canada until an examination begins, present the person for examination and hold the person until the examination is completed;

    • (c) arrange for a medical examination and medical treatment and observation of a person it carries to Canada;

    • (d) provide prescribed information, including documentation and reports;

    • (e) provide facilities for the holding and examination of persons being carried to Canada;

    • (f) carry from Canada a person whom it has carried to or caused to enter Canada and who is prescribed or whom an officer directs to be carried;

    • (g) pay for all prescribed costs and fees relating to paragraphs (a), (b), (c) and (f); and

    • (h) provide security for compliance with its obligations under paragraphs (a) to (g).

  • Marginal note:Seizure of security for compliance

    (2) If a person who owns or operates a vehicle or a transportation facility, or an agent of such a person, fails to comply with an obligation under this Act, all or part of any security provided by the person and any vehicle or other prescribed good owned or operated by the person may be detained, seized or forfeited to Her Majesty in right of Canada.

  • 2001, c. 27, s. 148
  • 2017, c. 26, s. 45

Marginal note:Use of information

 The following provisions govern information provided under paragraph 148(1)(d):

  • (a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and

  • (b) notice regarding use of the information must be given to the person to whom it relates.

  • 2001, c. 27, s. 149
  • 2004, c. 15, s. 71

Marginal note:Regulations

 The regulations may provide for any matter relating to the purposes of sections 148 and 149, may define, for the purposes of this Act, terms used in those sections and may include provisions respecting

  • (a) the requirements and procedures applicable to a person who owns or operates a vehicle or a transportation facility;

  • (b) the costs and fees for which a person who owns or operates a vehicle or a transportation facility is liable;

  • (c) the procedures to be followed when a vehicle or other security is detained, seized, forfeited to Her Majesty in right of Canada or returned; and

  • (d) the procedures by which a person may make claim that their interest in a vehicle or other good is not affected by it being detained, seized or forfeited to Her Majesty in right of Canada.

Sharing of Information

Marginal note:Regulations

  •  (1) The regulations may provide for any matter relating to

    • (a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;

    • (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 or 5.1 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act;

    • (c) the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 91(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications;

    • (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and

    • (e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.

  • Marginal note:Conditions

    (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

  • 2004, c. 15, s. 72
  • 2005, c. 38, s. 119
  • 2011, c. 8, s. 4
  • 2012, c. 17, s. 47
  • 2014, c. 39, s. 313
  • 2015, c. 36, s. 174

PART 4Immigration and Refugee Board

Composition of Board

Marginal note:Immigration and Refugee Board

 The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.

Marginal note:Composition

 The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.

Marginal note:Oath or affirmation of office

 The Chairperson and other members of the Board must swear the oath or give the solemn affirmation of office set out in the rules of the Board.

  • 2010, c. 8, s. 17

Marginal note:Chairperson and other members

  •  (1) The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division

    • (a) are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not exceeding seven years, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;

    • (b) [Repealed, 2010, c. 8, s. 18]

    • (c) are eligible for reappointment in the same or another capacity;

    • (d) shall receive the remuneration that may be fixed by the Governor in Council;

    • (e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in the case of a part-time member, while absent from their ordinary place of residence;

    • (f) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act;

    • (g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions under this Act; and

    • (h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.

  • (1.1) [Repealed, 2012, c. 17, s. 84]

  • Marginal note:Deputy Chairperson and Assistant Deputy Chairpersons

    (2) One Deputy Chairperson for each Division referred to in subsection (1) and not more than 10 Assistant Deputy Chairpersons are to be designated by the Governor in Council from among the full-time members of those Divisions.

  • Marginal note:Full-time and part-time appointments

    (3) The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of the Divisions referred to in subsection (1) are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.

  • Marginal note:Qualification

    (4) The Deputy Chairperson of the Immigration Appeal Division and a majority of the Assistant Deputy Chairpersons of that Division and at least 10 per cent of the members of the Divisions referred to in subsection (1) must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.

  • 2001, c. 27, s. 153
  • 2003, c. 22, s. 173
  • 2010, c. 8, s. 18
  • 2012, c. 17, ss. 48, 84
 
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