GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 127
Misrepresentation 127 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)
Immigration and Refugee Protection Act — I-2.5 128
Penalties 128 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.
Immigration and Refugee Protection Act — I-2.5 129
Offences relating to officers 129 (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. 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.
Immigration and Refugee Protection Act — I-2.5 131
Counselling offence 131 Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person. 2001, c. 27, s. 131, c. 32, s. 81; 2012, c. 17, s. 45(F)
Immigration and Refugee Protection Act — I-2.5 133
Deferral 133 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code , in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.
Immigration and Refugee Protection Act — I-2.5 133.1
Limitation period for summary conviction offences 133.1 (1) A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose. Application (2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force. 2011, c. 8, s. 3; 2012, c. 17, s. 46
Immigration and Refugee Protection Act — I-2.5 134
Defence — incorporation by reference 134 No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention, (a) the material was reasonably accessible to the person; (b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or (c) the material had been published in the Canada Gazette .
Immigration and Refugee Protection Act — I-2.5 135
Offences outside Canada 135 An act or omission that would by reason of this Act be punishable as an offence if committed in Canada is, if committed outside Canada, an offence under this Act and may be tried and punished in Canada.
Immigration and Refugee Protection Act — I-2.5 136
Venue 136 (1) A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged with the offence is or has an office or place of business at the time of the institution of those proceedings. Where commission outside Canada (2) A proceeding in respect of an offence under this Act that is committed outside Canada may be instituted, tried and determined at any place in Canada.
Immigration and Refugee Protection Act — I-2.5 137
Forfeiture 137 (1) A court that convicts a person of an offence under this Act may, in addition to any other punishment imposed, order that any offence-related property seized in relation to the offence be forfeited to Her Majesty in right of Canada. Regulations (2) The regulations may define the expression “offence-related property” for the purposes of this section, may provide for any matter relating to the application of this section, and may include provisions respecting the return to their lawful owner, disposition, or disposition of the proceeds of disposition, of offence-related property that has been seized.
Immigration and Refugee Protection Act — I-2.5 138
Powers of peace officer 138 (1) An officer, if so authorized, has the authority and powers of a peace officer — including those set out in sections 487 to 492.2 of the Criminal Code — to enforce this Act, including any of its provisions with respect to the arrest, detention or removal from Canada of any person. Temporary assistants (2) An officer may, in cases of emergency, employ a person to assist the officer in carrying out duties under this Act. That person has the authority and powers of the officer for a period of no more than 48 hours, unless approved by the Minister.
Immigration and Refugee Protection Act — I-2.5 139
Search 139 (1) An officer may search any person seeking to come into Canada and may search their luggage and personal effects and the means of transportation that conveyed the person to Canada if the officer believes on reasonable grounds that the person (a) has not revealed their identity or has hidden on or about their person documents that are relevant to their admissibility; or (b) has committed, or possesses documents that may be used in the commission of, an offence referred to in section 117, 118 or 122. Search by person of same sex (2) A search of a person under this section must be performed by a person of the same sex as the person being searched. If an officer of the same sex is not available, any suitable person of the same sex may be authorized by an officer to perform the search.
Immigration and Refugee Protection Act — I-2.5 140
Seizure 140 (1) An officer may seize and hold any means of transportation, document or other thing if the officer believes on reasonable grounds that it was fraudulently or improperly obtained or used or that the seizure is necessary to prevent its fraudulent or improper use or to carry out the purposes of this Act. Interpretation (2) Despite subsection 42(2) of the Canada Post Corporation Act , a thing or document that is detained under the Customs Act and seized by an officer is not in the course of post for the purposes of the Canada Post Corporation Act . Regulations (3) The regulations may provide for any matter relating to the application of this section and may include provisions respecting the deposit of security as a guarantee to replace things that have been seized or that might otherwise be seized, and the return to their lawful owner, and the disposition, of things that have been seized.
Immigration and Refugee Protection Act — I-2.5 141
Oaths and evidence 141 Every officer has the authority to administer oaths and to take and receive evidence under oath on any matter arising out of this Act.
Immigration and Refugee Protection Act — I-2.5 142
(8) Subsections (6) and (7) do not apply in an emergency in which a person detained under the Act must be immediately detained in a designated immigrant station because of a risk to the safety of the person or to other persons in, or a risk to the security of, the immigrant station where the person is or would otherwise be detained. Rights of person detained (9) If a person is detained in a designated immigrant station in the circumstances described in subsection (8), the Minister must (a) as soon as feasible after the person is detained in the designated immigrant station, provide the person with a written notice informing them that the Minister is considering making a determination that the person is to remain detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel; and (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a). Written reasons (10) If the Minister determines that a person detained in a designated immigrant station in the circumstances described in subsection (8) is to remain detained in the designated immigrant station, the Minister must provide the person with written reasons for the determination. 2001, c. 27, s. 142; 2015, c. 3, s. 116(F) 2024, c. 17, s. 390
Immigration and Refugee Protection Act — I-2.5 143
Authority to execute warrants and orders 143 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.
Immigration and Refugee Protection Act — I-2.5 144
Prosecution of designated offences 144 (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 prescribed offence may be commenced in accordance with this section. 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. 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. 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. 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. 2001, c. 27, s. 144 2026, c. 4, s. 53(E)
Immigration and Refugee Protection Act — I-2.5 145
Debts due 145 (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). 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. Recovery of debt (3) A debt may be recovered at any time. 2001, c. 27, s. 145; 2014, c. 20, s. 304
Immigration and Refugee Protection Act — I-2.5 146
Certificates 146 (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. 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). 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. 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
Immigration and Refugee Protection Act — I-2.5 147
Garnishment 147 (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. 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. 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. Regulations (4) The regulations may provide for any matter relating to the application of this section.
Immigration and Refugee Protection Act — I-2.5 148
Obligation of operators of vehicles and facilities 148 (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). 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
Immigration and Refugee Protection Act — I-2.5 149
Use of information 149 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
Immigration and Refugee Protection Act — I-2.5 150
Regulations 150 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.
Immigration and Refugee Protection Act — I-2.5 150.1
Regulations 150.1 (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; (e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province; and (f) the disclosure, for the purposes of cooperation, of information collected for the purposes of this Act to federal departments and agencies, including personal information disclosed under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details. 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 2026, c. 4, s. 29
Immigration and Refugee Protection Act — I-2.5 151
Immigration and Refugee Board 151 The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.
Immigration and Refugee Protection Act — I-2.5 152
Composition 152 The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.
Immigration and Refugee Protection Act — I-2.5 152.1
Oath or affirmation of office 152.1 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