BILL C-31 - First Reading

	(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; and
	(d) committing, on entering Canada, a prescribed offence under an Act of Parliament.
Rules of application	(4) The following rules apply for the purposes of this section:
	(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;
	(b) a conviction does not constitute grounds for inadmissibility after a final acquittal or after a pardon is granted under the Criminal Records Act;
	(c) the matters referred to in paragraphs (1)(b) and (c), (2)(b), and (3)(b) and (c) do not constitute inadmissibility in respect of a foreign national who, after the prescribed period, satisfies the Minister that the foreign national has been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;
	(d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities;
	(e) an offence that is designated as a contravention under the meaning of the Contraventions Act is not an offence for the purpose of subsections (1) to (3); and
	(f) an offence under an Act of Parliament for which a foreign national has been convicted under the Young Offenders Act does not constitute the inadmissibility of the foreign national.
Organized crime	33. (1) A foreign national is inadmissible on grounds of organized criminality for
	(a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or
	(b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.
Rules of application	(2) For the purposes of this Act, the following rules apply with respect to a determination of inadmissibility under this section:
	(a) subsection (1) does not apply in the case of a foreign national who satisfies the Minister that it would not be detrimental to the national interest for the foreign national to enter and remain in Canada; and
	(b) paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the foreign national entered Canada with the assistance of a person who is involved in organized criminal activity.
Health grounds	34. A foreign national, other than a permanent resident, is inadmissible on health grounds if their health condition
	(a) is likely to be a danger to public health;
	(b) is likely to be a danger to public safety; or
	(c) might reasonably be expected to cause excessive demand on health or social services.
Financial reasons	35. A foreign national, other than a permanent resident, is inadmissible for financial reasons if the foreign national is or will be unable or unwilling to support himself or herself or any other person who is dependent on them, and has not satisfied a designated officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.
Misrepresen- tation	36. (1) A foreign national is inadmissible for misrepresentation
	(a) for directly or indirectly making a material misrepresentation or withholding information on a relevant matter that induces or could induce an error in the administration of this Act;
	(b) if the foreign national was sponsored by a person who is determined to be inadmissible for misrepresentation, and the Minister is satisfied that the facts of the case justify the inadmissibility of the foreign national; or
	(c) if refugee protection is finally determined to be vacated in accordance with section 104.
Application	(2) The foreign national continues to be inadmissible for a period of two years following a final determination of inadmissibility under subsection (1).
Non-complian ce with Act	37. (1) A foreign national is inadmissible for failing to comply with this Act if the foreign national, through an act or omission, contravenes, directly or indirectly, a provision of this Act. However, a permanent resident is only inadmissible for failing to comply with subsection 24(2).
Dependants	(2) A foreign national, other than a permanent resident, is inadmissible if their accompanying dependant or, in prescribed circumstances, their non-accompanying dependant is inadmissible or if the foreign national is an accompanying dependant of an inadmissible person.
Regulations	38. Regulations may be made to provide for any matter relating to the application of this Division and to define any of the terms used in it. The regulations may include provisions respecting the circumstances in which a class of foreign nationals is exempted from any of the provisions of this Division.
	DIVISION 5
	LOSS OF STATUS AND REMOVAL
	Report on Inadmissibility
Preparation of report	39. (1) A designated officer who believes that a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts. The designated officer shall transmit the report to the Minister.
Removal order or referral	(2) If the Minister considers the report to be well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing or make a removal order against the foreign national, if such an order is authorized by the regulations.
	Admissibility Hearing by the Immigration Division
Decision	40. The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions. It shall
	(a) recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship Act, a person registered as an Indian under the Indian Act or a foreign national who has permanent resident status;
	(b) authorize a foreign national to remain in Canada as a permanent resident or temporary resident if it is satisfied that the foreign national meets the requirements of this Act;
	(c) authorize the entry into Canada of a foreign national, with or without conditions, for further examination; or
	(d) if a foreign national is inadmissible, make the applicable removal order against the foreign national.
	End of Status
End of permanent resident status	41. A person ceases to be a permanent resident when they become a Canadian citizen.
Loss of permanent resident status	42. (1) A person loses permanent resident status
	(a) on a final decision that the person has not met the requirements of section 24, a designated officer having determined that humanitarian and compassionate considerations, taking into account the best interests of a child directly affected by the determination, do not justify the retention of permanent resident status;
	(b) when an order for the removal of the person from Canada is enforceable; or
	(c) when the person's refugee protection is finally determined to be vacated in accordance with section 104.
Loss of temporary resident status	(2) A foreign national loses temporary resident status
	(a) at the end of the period for which the temporary resident is authorized to remain in Canada;
	(b) on a determination by a designated officer or the Immigration Division that the foreign national has failed to comply with a requirement on which their status depends, or with a requirement of this Act; or
	(c) when a permit issued to the temporary resident under section 21 is cancelled.
	When and How Removal Orders are Enforced
When order may be enforced	43. (1) Subject to subsection (2), a removal order is enforceable if there is no right to appeal the order. If there is a right to appeal, the order is enforceable on the expiry of any appeal period if no appeal is taken or, if the order is upheld on appeal, after the final decision on the appeal.
Enforcement of removal order	(2) A removal order made with respect to a refugee protection claimant is conditional and becomes enforceable
	(a) seven days after the claim is determined to be ineligible to be referred to the Refugee Protection Division, except that a removal order is immediately enforceable for an ineligible claim described in paragraph 95(1)(e); or
	(b) 15 days after notification of a determination by the Refugee Protection Division or, if an appeal is made, by the Refugee Appeal Division that the claim has been withdrawn, abandoned or rejected.
Enforcement of order	44. (1) Subject to subsection (2), a removal order must be enforced as soon as is reasonably practicable.
Judicial stay	(2) A removal order is stayed if, in a judicial proceeding at which the Minister shall be given the opportunity to make submissions, a decision is made that is inconsistent with the enforcement of the order.
Minister may grant stay	(3) The Minister may, subject to the regulations, temporarily stay the enforcement of removal orders that would result in the return of foreign nationals to countries that the Minister may designate.
Removal order void where grant of permanent residence	45. A removal order that has not been enforced against a foreign national becomes void if and when the foreign national is granted permanent resident status.
Effect of the Criminal Records Act	46. (1) A removal order that was made against a permanent resident only on the ground of criminality and that has not been enforced expires if and when a pardon is granted under the Criminal Records Act, and in that case their permanent resident status is restored.
Exception	(2) Permanent resident status is not restored to a foreign national referred to in subsection (1) who left Canada after the removal order was made.
	Effect of a Removal Order
Effect	47. A person against whom a removal order is enforceable shall not remain in Canada temporarily or permanently and, without the prescribed authorization, shall not return to Canada.
Return to Canada	48. A foreign national who was removed from or who left Canada as a result of a removal order that could not be appealed and who, in a subsequent judicial review, had the removal order set aside, is entitled to return to Canada at the expense of the Minister.
	Regulations
Regulations	49. Regulations may be made to provide for any matter relating to the application of this Division, and may include provisions respecting
	(a) the circumstances in which an authorization for a foreign national to enter and remain in Canada is subject to conditions, and specifying those conditions, and the circumstances in which a removal order shall be made or confirmed against a foreign national;
	(b) the conditions that apply to the termination and reinstatement of status, and the circumstances in which discretion may be exercised not to terminate status;
	(c) the conditions under which removal orders may be enforced or stayed, and with respect to stays that are not expressly provided for by this Act; and
	(d) the circumstances in which foreign nationals may be authorized to return to Canada, and the financial obligations that may be imposed with respect to removal orders.
	DIVISION 6
	DETENTION AND RELEASE
Port of entry - detention	50. A foreign national, on entry into Canada, may be detained if a designated officer
	(a) considers it necessary to complete an examination that is adjourned or for the purpose of an admissibility hearing before the Immigration Division; or
	(b) has reasonable grounds to suspect that the foreign national is inadmissible on grounds of security or for violating human rights.
Warrant for arrest	51. (1) A designated officer may issue a warrant for the arrest and detention of a foreign national whom the officer has reasonable grounds to believe is inadmissible and
	(a) poses a danger to the public; or
	(b) is unlikely to appear for any procedure under this Act.
Arrest without warrant	(2) A designated officer may, without a warrant, arrest and detain a foreign national
	(a) whom the officer has reasonable grounds to believe to be inadmissible and
	(i) a danger to the public, or
	(ii) unlikely to appear for removal from Canada or at a proceeding to determine whether the foreign national is inadmissible; or
	(b) who does not establish their identity for the purpose of any procedure under this Act.
Exception	(3) A foreign national who is a permanent resident or on whom refugee protection has been conferred under this Act is not subject to arrest under paragraph (2)(b).
Release from detention	52. (1) A designated officer may order the release from detention of a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist.
Timing of review	(2) Within 48 hours after a foreign national is taken into detention, or without delay afterward, the foreign national must be brought before the Immigration Division for a review of the reasons for the continued detention.
Further reviews	(3) The foreign national shall be again brought before the Immigration Division at least once during the seven days following the review under subsection (2), and at least once during each 30-day period following each previous review, for a review of the reasons for the continued detention.
Grounds for release	53. (1) The Immigration Division shall order the release of a foreign national if it is satisfied that reasons for the detention no longer exist or if, taking into account prescribed factors, release is justified.
Security grounds	(2) The Immigration Division may order the continuation of the detention of a foreign national who is suspected of being inadmissible on grounds of security or for violating human rights if it is satisfied that
	(a) the Minister is taking necessary steps to inquire into those grounds; or
	(b) the foreign national is a danger to the public or is unlikely to appear for removal from Canada or at a proceeding to determine whether the foreign national is inadmissible.
Establishing identity	(3) Except if there are other reasons to justify continued detention, the Immigration Division shall order the release of a foreign national who was detained for failure to provide identification if it is established that

DIVISION 5

LOSS OF STATUS AND REMOVAL

DIVISION 6

DETENTION AND RELEASE