GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 180
Staff 180 The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.
Immigration and Refugee Protection Act — I-2.5 181
Exceptions to public hearing 181 (1) An inquiry must be held in public. However, the judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that there is (a) a real and substantial risk that matters involving public security will be disclosed; (b) a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or (c) a serious possibility that the life, liberty or security of a person will be endangered. Confidentiality of application (2) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).
Immigration and Refugee Protection Act — I-2.5 182
Rules of evidence 182 (1) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case. Intervenors (2) An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate.
Immigration and Refugee Protection Act — I-2.5 183
Right to be heard 183 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.
Immigration and Refugee Protection Act — I-2.5 184
Report to Minister 184 (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. 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.
Immigration and Refugee Protection Act — I-2.5 185
Transmission of report to Governor in Council 185 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.
Immigration and Refugee Protection Act — I-2.5 186
Rights not affected 186 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.
Immigration and Refugee Protection Act — I-2.5 186.1
Powers 186.1 (1) The Minister may administer this Act using electronic means, including as it relates to its enforcement. 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. 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. 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. 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
Immigration and Refugee Protection Act — I-2.5 186.2
Conditions for electronic version 186.2 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
Immigration and Refugee Protection Act — I-2.5 186.3
Regulations 186.3 (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. 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. 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. 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. 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
Immigration and Refugee Protection Act — I-2.5 186.4
Clarification 186.4 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
Immigration and Refugee Protection Act — I-2.5 187
Definition of former Act 187 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.
Immigration and Refugee Protection Act — I-2.5 188
Continuation 188 (1) The Immigration and Refugee Board continued by section 57 of the former Act is hereby continued. 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. 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. Executive Director * (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. * [Note: Section 188 in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 Powers
Powers * 189 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). * [Note: Paragraph 274(a) in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 Application of this Act
Application of this Act * 190 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. * [Note: Section 190 in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 Convention Refugee Determination Division
Convention Refugee Determination Division * 191 Every application, proceeding or matter before the Convention Refugee Determination Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division of the Board. * [Note: Section 191 in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 Immigration Appeal Division
Immigration Appeal Division * 192 If a notice of appeal has been filed with the Immigration Appeal Division immediately before the coming into force of this section, the appeal shall be continued under the former Act by the Immigration Appeal Division of the Board. * [Note: Section 192 in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 Continuation by Immigration Division
Continuation by Immigration Division * 193 Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board. * [Note: Section 193 in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 194
Refugee Protection Division 194 In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 110.
Immigration and Refugee Protection Act — I-2.5 195
Convention Refugee Determination Division 195 A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.
Immigration and Refugee Protection Act — I-2.5 196
Appeals 196 Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made because of section 64 of this Act. 2001, c. 27, s. 196; 2015, c. 3, s. 117(F)
Immigration and Refugee Protection Act — I-2.5 197
Stays 197 Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection 68(4) of this Act. 2001, c. 27, s. 197; 2015, c. 3, s. 117(F)
Immigration and Refugee Protection Act — I-2.5 198
Refugee Protection Division 198 The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act. 2001, c. 27, s. 198; 2002, c. 8, s. 194
Immigration and Refugee Protection Act — I-2.5 199
Redetermination 199 Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978 .
Immigration and Refugee Protection Act — I-2.5 Exclusion
Exclusion * 200 Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section. * [Note: Section 200 in force June 28, 2002, see SI/2002-97.]
Immigration and Refugee Protection Act — I-2.5 201
Regulations 201 The regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of persons who will be subject in whole or in part to this Act or the former Act and measures regarding financial and enforcement matters.
Immigration and Refugee Protection Act — I-2.5 273
Terminology 273 Unless the context requires otherwise, “ Immigration Act ” is replaced by “ Immigration and Refugee Protection Act ” in (a) any regulation, as defined in section 2 of the Statutory Instruments Act ; and (b) any other instrument made (i) in the execution of a power conferred by or under an Act of Parliament, or (ii) by or under the authority of the Governor in Council.
Immigration and Refugee Protection Act — I-2.5 Order in council
Order in council * 275 Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council. * [Note: Sections 1 and 4 in force December 6, 2001, see SI/2001-119; sections 2, 3, 5 to 72, 74 to 109, 112 to 170, 172 to 193, 196 to 244 and 246 to 274 in force June 28, 2002, see SI/2002-97; sections 73, 110, 111, 171, 194 and 195 in force December 15, 2012, see SI/2012-94.] 2001, c. 27, s. 275; 2010, c. 8, s. 31; 2012, c. 17, s. 55
Immigration and Refugee Protection Act — I-2.5 E
E This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.
Immigration and Refugee Protection Act — I-2.5 F
F The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the United Nations.
Immigration and Refugee Protection Act — I-2.5 (a)
(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
Immigration and Refugee Protection Act — I-2.5 (b)
(b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
Immigration and Refugee Protection Act — I-2.5 (c)
(c) he has been guilty of acts contrary to the purposes and principles of the United Nations.
Immigration and Refugee Protection Act — I-2.5 1
1 For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Immigration and Refugee Protection Act — I-2.5 2
2 This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
Immigration and Refugee Protection Act — I-2.5 6
Definition of the Act 6 In sections 7 to 10, the Act means the Immigration and Refugee Protection Act .
Immigration and Refugee Protection Act — I-2.5 7
Proceedings relating to reasonableness of certificates 7 (1) A proceeding relating to the reasonableness of a certificate referred to the Federal Court under subsection 77(1) of the Act is terminated on the coming into force of this Act. Existing removal orders (2) A removal order made against a person who is named in a certificate referred to the Federal Court under the Act, or under the Immigration Act , chapter I-2 of the Revised Statutes of Canada, 1985, before this Act comes into force and who is in Canada when this Act comes into force ceases to have effect on that coming into force. New certificates (3) If, on the day on which this Act comes into force, the Minister of Public Safety and Emergency Preparedness and the Minister of Citizenship and Immigration sign a new certificate and refer it to the Federal Court under subsection 77(1) of the Act, as enacted by section 4 of this Act, the person who is named in the certificate (a) shall, if they were detained under Division 9 of Part 1 of the Act when this Act comes into force, remain in detention without a new warrant for their arrest and detention having to be issued under section 81 of the Act, as enacted by section 4 of this Act; or (b) shall, if they were released from detention under conditions under Division 9 of Part 1 of the Act when this Act comes into force, remain released under the same conditions unless a warrant for their arrest and detention is issued under section 81 of the Act, as enacted by section 4 of this Act. Application for review of detention or conditions (4) A person referred to in subsection (3) may apply to the Federal Court for a review of the reasons for their continued detention or of the reasons for continuing the conditions, as the case may be, within 60 days after the day on which this Act comes into force. Review of detention (5) If a person who is detained and who is entitled to make an application under subsection (4) does not do so, a judge shall commence a review of the reasons for the person’s continued detention at least once in the six-month period following the day on which this Act comes into force. Review of conditions (6) If a person who is released from detention under conditions and who is entitled to make an application under subsection (4) does not do so, they may apply to the Federal Court for a review of the reasons for continuing the conditions if a period of six months has expired since the day on which this Act comes into force. Calculation of period for next review (7) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4) of the Act, as enacted by section 4 of this Act, the conclusion of the preceding review is deemed to have taken place on the day on which a judge makes a decision under this section.
Immigration and Refugee Protection Act — I-2.5 8
Proceedings relating to section 112 or 115 8 (1) Any proceeding that involves a person who is named in a certificate and that relates to section 112 or 115 of the Act is terminated on the coming into force of this Act. Persons subject to stay of removal (2) A person who is named in a certificate referred to the Federal Court under subsection 77(1) of the Act, as enacted by section 4 of this Act, is not required to apply for protection under section 112 of the Act after the day on which this Act comes into force if a removal order made against them was stayed under subsection 114(1) of the Act when this Act comes into force unless the stay is cancelled under subsection 114(2) of the Act.
Immigration and Refugee Protection Act — I-2.5 9
Existing removal orders — section 86 9 (1) A removal order made against a person in a proceeding in which an application was made for the non-disclosure of information under section 86 of the Act, as it read immediately before the coming into force of this Act, ceases to have effect when this Act comes into force if the person is in Canada on that coming into force. New reports on inadmissibility (2) If the Minister of Public Safety and Emergency Preparedness refers a report to the Immigration Division under subsection 44(2) of the Act on the day on which this Act comes into force, then the person who is named in the report (a) shall, if they were detained under Division 9 of Part 1 of the Act when this Act comes into force, remain in detention without a new warrant for their arrest and detention having to be issued under Division 6 of Part 1 of the Act; or (b) shall, if they were released from detention under conditions under Division 9 of Part 1 of the Act when this Act comes into force, remain released under the same conditions unless a warrant for their arrest and detention is issued under Division 6 of Part 1 of the Act. Calculation of period for next review (3) If the Minister of Public Safety and Emergency Preparedness refers a report to the Immigration Division under subsection 44(2) of the Act on the day on which this Act comes into force, then, for the purpose of calculating the 30-day period referred to in subsection 57(2) of the Act, the previous review is deemed to have taken place on that day. Proceedings under section 86 (4) On the coming into force of this Act, section 86 of the Act, as enacted by section 4 of this Act, applies to a proceeding that is pending or in progress immediately before that coming into force and in which an application was made for the non-disclosure of information under section 86 of the Act, as it read immediately before that coming into force.
Immigration and Refugee Protection Act — I-2.5 10
Proceedings under section 87 10 On the coming into force of this Act, sections 87 and 87.1 of the Act, as enacted by section 4 of this Act, apply to a proceeding that is pending or in progress immediately before that coming into force and in which an application was made for the non-disclosure of information under section 87 of the Act, as it read immediately before that coming into force.