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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 4Immigration and Refugee Board (continued)

Remedial and Disciplinary Measures (continued)

Marginal note:Right to be heard

 The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

Marginal note:Report to Minister

  •  (1) After an inquiry has been completed, the judge must submit a report containing the judge’s findings and recommendations, if any, to the Minister.

  • Marginal note:Recommendations

    (2) The judge may, for any of the reasons set out in subsection 176(2), recommend in the report that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken.

Marginal note:Transmission of report to Governor in Council

 If the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

Marginal note:Rights not affected

 Nothing in sections 176 to 185 affects any right or power of the Governor in Council in relation to the removal of a member from office for cause.

PART 4.1Electronic Administration

Marginal note:Powers

  •  (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement.

  • Marginal note:Exception

    (2) This Part does not apply to the Minister of Employment and Social Development in respect of any activity the administration of which is the responsibility of that Minister under this Act.

  • Marginal note:Officer

    (3) For greater certainty, any person or class of persons who are designated as officers by the Minister to carry out any purpose of this Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

  • Marginal note:Delegation

    (4) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.

  • Marginal note:Decision, determination or examination by automated system

    (5) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act, or by an officer to make a decision or determination or to proceed with an examination under this Act, if the system is made available to the officer by the Minister.

  • 2015, c. 36, s. 175

Marginal note:Conditions for electronic version

 A requirement under this Act to provide a signature, or to make an application, request, claim, decision or determination, or to submit or issue any document, or to give notice or provide information, or to submit a document in its original form, is satisfied by its electronic version, if

  • (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

  • (b) any other requirements that may be prescribed have been met.

  • 2015, c. 36, s. 175

Marginal note:Regulations

  •  (1) The regulations may provide for any matter respecting the application of section 186.1 and paragraph 186.2(b), and may include provisions respecting

    • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

    • (b) the date and time when, and the place where, an electronic version of an application, request, claim, notice, decision, determination, document or any information is deemed to be sent or received.

  • Marginal note:Requirement to use electronic means

    (2) The regulations may require a foreign national or another individual who, or entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application, request or claim may be made, the document may be submitted or the information may be provided by other means and respecting those other means.

  • Marginal note:Minister’s power

    (3) The regulations may prescribe the circumstances in which the Minister may require a foreign national or another individual who, or an entity that, makes an application, request or claim, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

  • Marginal note:Electronic payments

    (4) The regulations may

    • (a) require that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system;

    • (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

    • (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

  • Marginal note:Incorporation by reference

    (5) The regulations may incorporate by reference the standards or specifications of any government, person or organization, either as they exist on a specified date or as amended from time to time.

  • 2015, c. 36, s. 175

Marginal note:Clarification

 If any provision of this Act or the regulations authorizes an officer or another individual to require a foreign national or another individual or an entity to submit a visa or other document or to provide information, the officer or individual is not precluded by this Part from requiring the foreign national, other individual or entity to submit the visa or other document or to provide the information, as the case may be, in accordance with that provision.

  • 2015, c. 36, s. 175

PART 5Transitional Provisions, Consequential and Related Amendments, Coordinating Amendments, Repeals and Coming into Force

Transitional Provisions

Marginal note:Definition of former Act

 For the purposes of sections 188 to 201, former Act means the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, and, where applicable, the regulations and rules made under it.

Marginal note:Continuation

  •  (1) The Immigration and Refugee Board continued by section 57 of the former Act is hereby continued.

  • Marginal note:Chairperson, Deputy Chairpersons, Assistant Deputy Chairpersons

    (2) The Chairperson, Deputy Chairpersons and Assistant Deputy Chairpersons appointed under the former Act continue in the same capacity with the Board until the expiry or revocation of their respective appointments.

  • Marginal note:Continuation — members

    (3) A member appointed under the former Act to the Convention Refugee Determination Division or the Immigration Appeal Division continues in office as a member of the Board until the expiry or revocation of their appointment.

  • Marginal note:Executive Director

    Footnote *(4) The person who, on the coming into force of this section, held the office of Executive Director of the Board is deemed to have been appointed to that office under section 158, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that coming into force.

Marginal note:Powers

Footnote * Sections 94.6, 102.001 to 102.003 and 107.1 of the former Act are, despite paragraph 274(a), deemed not to be repealed and the Minister may exercise any of the powers described in those sections with respect to any business or fund that was approved by the Minister before the coming into force of paragraph 274(a).

Marginal note:Application of this Act

Footnote * Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.

 
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