| Review of
decision for
detention
|
77. (1) Not later than 48 hours after the
arrest of a permanent resident under section
76, a judge shall commence a review of the
reasons for the continued detention. The rules
set out in section 72 apply, with any
modifications that the circumstances require,
with respect to the review.
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| Further
reviews
|
(2) A permanent resident must be brought
back before a judge at least once in the
six-month period following each preceding
review and at other times that the judge may
authorize.
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| Order for
release
|
(3) A judge shall order the detention to be
continued if satisfied that the permanent
resident continues to be a danger to national
security or to the safety of persons, or is
unlikely to appear at a proceeding or for
removal.
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| Application
for release
|
78. (1) A foreign national may apply to the
Minister for release from detention to permit
the foreign national's departure from Canada,
or may apply to the judge to be released if the
foreign national has not been removed from
Canada within 120 days after the Federal
Court determined a certificate to be
reasonable.
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| Judicial
release
|
(2) The judge may order the release from
detention of the foreign national under terms
and conditions that the judge considers
appropriate, if satisfied that the foreign
national will not be removed from Canada
within a reasonable time and that the release
will not pose a danger to national security or
to the safety of persons.
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| Inconsistency
|
79. In the case of an inconsistency between
sections 76 to 78 and the provisions of
Division 6, those sections prevail to the extent
of the inconsistency.
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Consideration During an Admissibility
Hearing or an Immigration Appeal
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| Protecting
information
|
80. (1) The Minister may, during an
admissibility hearing, a detention review or an
appeal before the Immigration Appeal
Division, make an application for
non-disclosure of information.
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| Rules
|
(2) The rules set out in section 72 apply,
with any modifications that the circumstances
require, with respect to the determination of
the application, and a reference to ``judge''
shall be read as a reference to the applicable
Division of the Board.
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|
Consideration During Judicial Review
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| Non-disclosur
e of
information
|
81. (1) With respect to any application for
judicial review of a decision with respect to a
foreign national's detention or inadmissibility
on grounds of security, violating human
rights, criminality, serious criminality or
organized criminality, the Minister may make
an application to the judge for the
non-disclosure of information.
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| Rules
|
(2) The rules set out in section 72, apply to
the determination of the application, with the
modifications that the circumstances require,
except the rules relating to the obligation to
provide a summary and the time limit referred
to in paragraph (d).
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Loans
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| Loans
|
82. (1) The Minister of Finance may, from
time to time, advance to the Minister out of the
Consolidated Revenue Fund, up to the
maximum amount that is prescribed, sums
that the Minister may require in order to make
loans for the purpose of this Act.
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| Regulations
|
(2) Regulations may be made to provide for
any matter relating to the application of this
section, and may include provisions
respecting
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|
(a) classes of persons to whom the loans
may be made; and
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(b) the purposes for which the loans may be
made.
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|
Social Insurance Number Cards
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| Minister
directs special
cards to be
issued
|
83. The Minister may direct the Canada
Employment Insurance Commission
continued by the Department of Human
Resources Development Act to issue to
persons, other than Canadian citizens or
permanent residents, Social Insurance
Number Cards whereby the holders of such
cards are identified as persons who may be
required by or under this Act to obtain
authorization to engage or continue in
employment in Canada.
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|
Material Incorporated in Regulations
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| Incorporated
material
|
84. (1) A regulation may incorporate by
reference material that is produced
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|
(a) by a person or body other than a person
or body authorized under this Act to
produce the material;
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|
(b) by the other person or body and that has
been adapted in form in order to facilitate its
incorporation or that sets out only the parts
of the material that apply for the purposes of
the regulation;
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|
(c) by a person or body authorized under
this Act jointly with another government or
government agency for the purpose of
harmonizing the regulation with other laws;
or
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(d) by a person or body authorized under
this Act and that is technical or explanatory
in nature, such as specifications,
classifications, illustrations or graphs, as
well as examples that may assist in the
application of the regulation.
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| Amended
from time to
time
|
(2) Material may be incorporated by
reference on a specified date or as amended
from time to time.
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| Incorporated
material is not
a regulation
|
(3) Material does not become a regulation
for the purposes of this Act because it is
incorporated by reference in a regulation.
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| Statutory
Instruments
Act
|
85. Any instructions that the Minister may
give are not regulations within the meaning of
the Statutory Instruments Act.
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|
Report to Parliament
|
|
| Annual report
to Parliament
|
86. (1) The Minister must, on or before
November 1, or within the next 30 days on
which either House of Parliament is sitting
after that date, table in each House of
Parliament a report on the operation of this
Act in the preceding calendar year.
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| Contents of
report
|
(2) The report shall include a description of
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(a) the activities and initiatives taken
concerning the selection of foreign
nationals and the results of entering into
federal-provincial agreements, including
measures taken in cooperation with the
provinces;
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|
(b) the number of foreign nationals who
were granted permanent resident status by
the Government of Canada and the number
that is projected to be granted that status in
the following year;
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|
(c) for each province that has entered into a
federal-provincial agreement described in
subsection 9(1), the numbers, for each class
listed in the agreement, that became
permanent residents and that the province
projects will settle there as permanent
residents in the following year;
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(d) the number of permits issued under
section 21, categorized according to
grounds of inadmissibility, if any;
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(e) the number of persons authorized under
section 22 on humanitarian and
compassionate grounds to enter and remain
in Canada as permanent residents; and
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|
(f) the number and total amount of any loans
or guarantees made by the Minister.
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| Report of
Chairperson
|
87. The Minister shall cause a copy of the
report of the Chairperson of the Board,
referred to in section 159, to be tabled before
each House of Parliament within the first 15
days that the House is sitting after the Minister
receives the report.
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| Conferral of
refugee
protection
|
88. Refugee protection is the protection that
is conferred on a foreign national who has
been determined under this Act to be a
Convention refugee or a person in need of
protection or a foreign national who is a
member of the humanitarian class.
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|
| Definition -
``Convention
refugee''
|
89. A person is a Convention refugee who,
by reason of a well-founded fear of
persecution for reasons of race, religion,
nationality, membership in a particular social
group or political opinion,
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(a) is outside each of their countries of
nationality and is unable or, by reason of
that fear, unwilling to avail himself or
herself of the protection of each of those
countries; or
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|
|
(b) not having a country of nationality, is
outside the country of the person's former
habitual residence and is unable or, by
reason of that fear, unwilling to return to
that country.
|
|
| Person in
need of
protection
|
90. (1) A person in need of protection is a
foreign national in Canada who is described in
subsection (2) or is a member of a class of
persons that is prescribed, in accordance with
the regulations, to be in need of protection.
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| Person in
need of
protection
|
(2) A person in need of protection is a
foreign national in Canada whose removal to
their country or countries of nationality or, if
they do not have a country of nationality, their
country of former habitual residence, would
subject them personally
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|
(a) to a danger, believed on substantial
grounds to exist, of torture within the
meaning of Article 1 of the Convention
Against Torture; or
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|
(b) to a risk to their life or to a risk of cruel
and unusual treatment or punishment if
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(i) the foreign national is unable or,
because of that risk, unwilling to avail
himself or herself of the protection of that
country,
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|
(ii) the risk would be faced by the foreign
national in every part of that country and
is not faced generally by other
individuals in or from that country,
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|
(iii) the risk is not inherent or incidental
to lawful sanctions, unless imposed in
disregard of accepted international
standards, and
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|
(iv) the risk is not caused by the inability
of that country to provide adequate
health or medical care.
|
|
| Exclusion -
Refugee
Convention
|
91. A person referred to in section E or F of
Article 1 of the Refugee Convention is not a
Convention refugee or a person in need of
protection.
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| Claim
|
92. (1) A claim for refugee protection may
be made outside Canada or in Canada.
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| Claim made
outside
Canada
|
(2) A application to enter and remain in
Canada as a permanent resident that is made
by a foreign national outside Canada as a
member of the Convention refugees overseas
class or the humanitarian class referred to in
subsection 12(3) is a claim for refugee
protection and is governed by the provisions
of Part 1.
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|
| Claim made in
Canada
|
(3) A foreign national who is in Canada and
who has claimed refugee protection as a
Convention refugee or as a person in need of
protection may, if refugee protection is
conferred, make an application to remain in
Canada as a permanent resident, and is subject
to the provisions of Part 1.
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|
Claim for Refugee Protection
|
|
| Right to claim
refugee
protection
|
93. (1) A foreign national in Canada who is
not subject to a removal order may make a
claim to a designated officer for refugee
protection.
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| Part 1 applies
|
(2) Unless otherwise provided, a foreign
national who makes a claim for refugee
protection remains subject to Part 1 and the
regulations made under that Part.
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|
Examination of Eligibility to Refer Claim
|
|
| Referral to
Refugee
Protection
Division
|
94. (1) A designated officer shall
determine, within the prescribed period,
whether a claim for refugee protection is
eligible to be referred to the Refugee
Protection Division and, if eligible, shall refer
the claim in accordance with the rules of the
Board.
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|
| Decision
|
(2) The designated officer shall suspend
consideration of the eligibility of the foreign
national's claim if
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|
|
(a) a report has been referred to the
Immigration Division for a determination
of whether the foreign national is
inadmissible on grounds of security,
violating human rights, serious criminality
or organized criminality; or
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|
(b) the officer considers it necessary to wait
for a decision of a court with respect to a
claimant who is charged with an offence
under an Act of Parliament that may be
punished by a maximum term of
imprisonment of at least 10 years.
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|
| Jurisdiction
|
(3) The Refugee Protection Division has
jurisdiction to consider a claim when it is
referred by the designated officer. If the
designated officer does not refer the claim, it
is deemed to be referred at the end of the
prescribed period, unless there is a suspension
or the designated officer has determined the
claim to be ineligible.
|
|
| Duty of
claimant
|
(4) The burden of proving that a claim is
eligible to be referred to the Refugee
Protection Division rests on the claimant, who
must answer truthfully all questions put to
them. If the claim is referred, the claimant
must produce all documents and information
as required by the rules of the Board.
|
|
| Ineligibility
|
95. (1) A claim is not eligible to be referred
to the Refugee Protection Division if
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|
|
(a) refugee protection has already been
conferred on, or refused to, the claimant
under this Act;
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|
|
(b) a prior claim by the claimant was
determined to be ineligible to be referred to
the Refugee Protection Division, or to have
been withdrawn or abandoned;
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|
(c) the claimant has been recognized as a
Convention refugee by a country other than
Canada and can be returned to that country;
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|
(d) the claimant has been determined to be
inadmissible on grounds of security,
violating human rights, serious criminality
or organized criminality; or
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|
|
(e) the claimant came directly or indirectly
to Canada from a prescribed country, other
than a country of their nationality or their
former habitual residence.
|
|
| Regulations
|
(2) Regulations may be made for matters
relating to the application of sections 94 and
this section and, for the purpose of sharing
responsibility with governments of foreign
states for the consideration of refugee claims,
may include provisions
|
|
|
|
(a) designating countries that comply with
Article 33 of the Refugee Convention and
Article 3 of the Convention Against
Torture;
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|
|
(b) making a list of those countries and
amending it as necessary; and
|
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|
|
(c) respecting the circumstances and
criteria for the application of paragraph
(1)(e).
|
|
| Factors
|
(3) The following factors are to be
considered in designating a country under
subsection (2):
|
|
|
|
(a) whether the country is a party to the
Refugee Convention and to the Convention
Against Torture;
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|
|
(b) its policies and practices with respect to
Convention refugee claims and with respect
to obligations under the Convention
Against Torture;
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|
|
(c) its human rights record; and
|
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|
|
(d) whether it is party to an agreement with
the Government of Canada for the purpose
of sharing responsibility with respect to
claims for refugee protection.
|
|
| Review
|
(4) The Governor in Council must ensure
the continuing review of factors set out in
subsection (3) with respect to each designated
country.
|
|
|
|
Suspension or Termination of Consideration
of Claim
|
|
| Hearing
suspended
|
96. (1) The Refugee Protection Division
shall suspend its consideration of a claim for
refugee protection on notification by a
designated officer that
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