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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

PART 3Enforcement (continued)

Human Smuggling and Trafficking (continued)

Marginal note:Offence — trafficking in persons

  •  (1) No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion.

  • Marginal note:Definition of organize

    (2) For the purpose of subsection (1), organize, with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.

Marginal note:Disembarking persons at sea

 A person shall not disembark a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act.

Marginal note:Penalties

 A person who contravenes section 118 or 119 is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.

Marginal note:Aggravating factors

 The court, in determining the penalty to be imposed under section 120, shall take into account whether

  • (a) bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence;

  • (b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;

  • (c) the commission of the offence was for profit, whether or not any profit was realized; and

  • (d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

  • 2001, c. 27, s. 121
  • 2012, c. 17, s. 42
  • 2017, c. 26, s. 44

Marginal note:Definition of criminal organization

  •  (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), criminal organization means a criminal organization as defined in subsection 467.1(1) of the Criminal Code.

  • Marginal note:Definition of terrorist group

    (2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), terrorist group means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.

  • 2012, c. 17, s. 43

Offences Related to Documents

Marginal note:Documents

  •  (1) No person shall, in order to contravene this Act,

    • (a) possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person’s identity;

    • (b) use such a document, including for the purpose of entering or remaining in Canada; or

    • (c) import, export or deal in such a document.

  • Marginal note:Proof of offence

    (2) Proof of the matters referred to in subsection (1) in relation to a forged document or a document that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act.

Marginal note:Penalty

  •  (1) Every person who contravenes

    • (a) paragraph 122(1)(a) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to five years; and

    • (b) paragraph 122(1)(b) or (c) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to 14 years.

  • Marginal note:Aggravating factors

    (2) The court, in determining the penalty to be imposed, shall take into account whether

    • (a) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 121.1(1); and

    • (b) the commission of the offence was for profit, whether or not any profit was realized.

  • 2001, c. 27, s. 123
  • 2012, c. 17, s. 44

General Offences

Marginal note:Contravention of Act

  •  (1) Every person commits an offence who

    • (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;

    • (b) escapes or attempts to escape from lawful custody or detention under this Act; or

    • (c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.

  • Marginal note:Deemed knowledge

    (2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.

  • Marginal note:Due diligence defence

    (3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.

Marginal note:Penalties

 A person who commits an offence under subsection 124(1) is liable

  • (a) on conviction on indictment, to a fine of not more than $50,000 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 $10,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Counselling misrepresentation

 Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.

Marginal note:Misrepresentation

 No person shall knowingly

  • (a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

  • (b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or

  • (c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.

  • 2001, c. 27, s. 127
  • 2015, c. 3, s. 115(F)

Marginal note:Penalties

 A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, 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 two years, or to both.

Marginal note:Offences relating to officers

  •  (1) Every person is guilty of an offence who

    • (a) being an officer or an employee of the Government of Canada, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter under this Act or knowingly fails to perform their duties under this Act;

    • (b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, an officer to induce the officer not to perform their duties under this Act;

    • (c) falsely personates an officer or by any act or omission leads any person to believe that the person is an officer; or

    • (d) obstructs or impedes an officer in the performance of the officer’s duties under this Act.

  • Marginal note:Punishment

    (2) Every person who is guilty of an offence under subsection (1) is liable

    • (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both; or

    • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

 
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