PART IIAdmissibility in Canada of Evidence Obtained Abroad Pursuant to an Agreement (continued)
Marginal note:Foreign things
37 In a proceeding with respect to which Parliament has jurisdiction, a thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a state or entity as to the identity and possession of the thing from the time it was obtained until its sending to a competent authority in Canada by the state or entity in accordance with a Canadian request, are not inadmissible in evidence by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion.
- R.S., 1985, c. 30 (4th Supp.), s. 37
- 1994, c. 44, s. 97
- 1999, c. 18, s. 120
Marginal note:Status of certificate
38 (1) An affidavit, certificate or other statement mentioned in section 36 or 37 is, in the absence of evidence to the contrary, proof of the statements contained therein without proof of the signature or official character of the person appearing to have signed the affidavit, certificate or other statement.
(2) Unless the court decides otherwise, in a proceeding with respect to which Parliament has jurisdiction, no record or copy thereof, no thing and no affidavit, certificate or other statement mentioned in section 36 or 37 shall be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced seven days notice, excluding holidays, of that intention, accompanied by a copy of the record, copy, affidavit, certificate or other statement and unless, in the case of a thing, the party intending to produce it has made it available for inspection by the party against whom it is intended to be produced during the five days following a request by that party that it be made so available.
Marginal note:Service abroad
39 The service of a document in the territory over which the state or entity has jurisdiction may be proved by affidavit of the person who served it.
- R.S., 1985, c. 30 (4th Supp.), s. 39
- 1999, c. 18, s. 121
PART IIIImplementation of Agreements in Canada
Special Authorization to Come Into Canada
Marginal note:Special authorization
40 (1) The Minister may, in order to give effect to a request of a Canadian competent authority, authorize a person in a state or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable.
Marginal note:Variation of authorization
(2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada.
Marginal note:Non-compliance with conditions of authorization
(3) A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration and Refugee Protection Act, be deemed to be a person who entered Canada as a temporary resident and remains after the period authorized for their stay.
- R.S., 1985, c. 30 (4th Supp.), s. 40
- 1999, c. 18, s. 123
- 2001, c. 27, s. 261
Marginal note:Safe conduct
(a) may not be detained, prosecuted or punished in Canada for any act or omission that occurred before the person’s departure from the state or entity pursuant to the request;
(b) is not subject to civil process in respect of any act or omission that occurred before the person’s departure from the state or entity pursuant to the request; and
(c) may not be required to give evidence in any proceeding in Canada other than the proceeding to which the request relates.
(2) Subsection (1) ceases to apply to a person who is in Canada pursuant to a request when the person leaves Canada or has the opportunity to leave Canada but remains in Canada for a purpose other than fulfilling the request.
- R.S., 1985, c. 30 (4th Supp.), s. 41
- 1999, c. 18, s. 124
Detention in Canada
Marginal note:Detention of transferred person
42 (1) When the Minister, in order to give effect to a request of a Canadian competent authority, authorizes a person who is detained in a state or entity to be transferred to Canada for a period of time specified by the Minister, a judge of the province to which the person is to be transferred may make an order for the detention of the person anywhere in Canada and for the return of the person to the state or entity.
Marginal note:Paramountcy of detention order
(2) An order made under subsection (1) is paramount to any order made, in respect of anything that occurred before the person is transferred to Canada, by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of another person.
Marginal note:Variation of detention order
(3) The judge who made the detention order or another judge of the same court may vary its terms and conditions and, in particular, may extend the duration of the detention.
- R.S., 1985, c. 30 (4th Supp.), s. 42
- 1999, c. 18, s. 125
Determination of the Validity of Refusals
Marginal note:Powers of judge
43 When a Canadian request is presented to a state or entity and a person in the state or entity refuses to answer one or more questions or to give up certain records or things by reason of a law in force in Canada, a judge may determine the validity of the refusal on application made, on reasonable notice to the person, by a Canadian competent authority.
- R.S., 1985, c. 30 (4th Supp.), s. 43
- 1999, c. 18, s. 126
Privilege for Foreign Records
44 (1) Subject to subsection 38(2), a record sent to the Minister by a state or entity in accordance with a Canadian request is privileged and no person shall disclose to anyone the record or its purport or the contents of the record or any part of it before the record, in compliance with the conditions on which it was so sent, is made public or disclosed in the course or for the purpose of giving evidence.
(2) No person in possession of a record mentioned in subsection (1) or of a copy of such a record, or who has knowledge of any data contained in the record, shall be required, in connection with any legal proceedings, to produce the record or copy or to give evidence relating to any data that is contained in it.
- R.S., 1985, c. 30 (4th Supp.), s. 44
- 1999, c. 18, s. 127
- 2014, c. 31, s. 45
PART IVConsequential Amendments and Coming into Force
Crown Liability Act
47 and 48 [Amendments]
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Act in force October 1, 1988, see SI/88-199.]
- Date modified: