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

Act current to 2022-09-22 and last amended on 2022-06-23. 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.

 [Repealed, 2001, c. 32, s. 81]

Marginal note:Counselling offence

 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)

 [Repealed, 2001, c. 32, s. 81]

Prosecution of Offences

Marginal note:Deferral

 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.

Marginal note:Limitation period for summary conviction offences

  •  (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.

  • Marginal note: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

Marginal note:Defence — incorporation by reference

 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.

Marginal note:Offences outside Canada

 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.

Marginal note:Venue

  •  (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.

  • Marginal note: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.

Forfeiture

Marginal note:Forfeiture

  •  (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.

  • Marginal note: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.

Officers Authorized to Enforce Act

Marginal note:Powers of peace officer

  •  (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.

  • Marginal note: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.

Marginal note:Search

  •  (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.

  • Marginal note: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.

Marginal note:Seizure

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

 
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