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| Duties of
peace officers
to execute
orders
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136. Every peace officer and every person
in immediate charge or control of an
immigrant station shall, when so directed by
a designated officer, execute any warrant or
written order issued under this Act for the
arrest, detention or removal from Canada of
any foreign national.
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| Authority to
execute
warrants and
orders
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137. 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.
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| Prosecution of
designated
offences
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138. (1) In addition to the procedures set out
in this Act and in the Criminal Code for
commencing a proceeding, proceedings in
respect of any offence that is prescribed by
regulation may be commenced in accordance
with this section.
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| Procedure
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(2) A designated officer may commence a
proceeding by
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(a) completing a ticket that consists of a
summons portion and an information
portion;
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(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
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(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.
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| Content of
ticket
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(3) The summons and information portions
of a ticket must
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(a) set out a description of the offence and
the time and place of its alleged
commission;
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(b) include a statement, signed by the
designated officer, that there are reasonable
grounds to believe that the accused
committed the offence;
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(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;
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(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
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(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.
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| Consequences
of payment
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(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,
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(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
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(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.
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| Regulations
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(5) Regulations may be made to provide for
any matter relating to the application of this
section, and may include provisions
prescribing
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(a) the offences referred to in subsection (1)
and the manner in which those offences
may be described in tickets; and
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(b) the amount of the fine, not exceeding
$1,000, for a prescribed offence.
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| Debt due to
Her Majesty
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139. (1) The following amounts are debts
due to Her Majesty in right of Canada payable
on demand:
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(a) a debt incurred by Her Majesty for
which any person is liable under this Act;
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(b) an amount that a person has paid or has
agreed to pay as a deposit or guarantee of
performance of an obligation under this
Act;
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(c) an amount that a sponsor is required to
reimburse under the terms of an
undertaking;
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(d) an amount that is ordered to be paid
under section 141 on account of an unpaid
liability; and
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(e) any amount due to her Majesty under the
regulations respecting transportation
companies.
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| Recovery of
debt
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(2) A debt may be recovered at any time.
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| Certificates
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140. (1) An amount or part of an amount
payable under this Act that has not been paid
may be certified by the Minister
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(a) without delay, if the Minister is of the
opinion that the person liable for that
amount is attempting to avoid payment; and
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(b) in any other case, on the expiration of 30
days after the default.
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| Judgments
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(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.
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| Costs
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(3) The costs of registering the certificate
are recoverable in the same manner as if they
had been included in the certificate.
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| Garnishment
|
141. (1) If the Minister believes 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.
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| Applicability
to future
payments
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(2) If the Minister, under subsection (1),
orders an employer to pay to the Receiver
General money otherwise payable to an
employee as remuneration,
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(a) the order is applicable to all future
payments of remuneration until the liability
is satisfied; and
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(b) the employer shall pay to the Receiver
General out of each payment of
remuneration the amount that the Minister
stipulates in the notice.
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| Discharge of
liability
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(3) The receipt of the Minister is a good and
sufficient discharge of the original liability to
the extent of the payment.
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| Regulations
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(4) Regulations may be made to provide for
any matter relating to the application of this
section.
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| Travel
documents
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142. (1) Subject to the regulations, no
transportation company shall bring persons to
Canada who are not in possession of the visas,
passports and travel documents required
under this Act.
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| Duty to
present
passengers for
examination
|
(2) A transportation company, on arrival in
Canada, shall, in accordance with the
regulations, present each passenger for
examination by a designated officer. It shall
not allow any passenger to leave the means of
transportation except at a place specified by
the officer or until permission has been
granted by the officer.
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| General
liability for
removal
|
143. A transportation company that brings
a person to Canada may be required by the
Minister to convey that person to the country
from which that person came to Canada or to
another country approved by the Minister or,
if the Minister does not give that approval, to
a prescribed country.
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| Failure to
comply with
obligations
|
144. A designated officer may detain or
seize a means of transportation of a
transportation company that has failed to
comply with an obligation under this Act until
the obligation is met.
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| Provision of
prescribed
passenger
information
|
145. A transportation company that
operates an aircraft carrying passengers
travelling to Canada
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(a) may provide a designated officer with
prescribed passenger information about
those passengers; and
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(b) must notify any passenger of
information respecting them that was
provided to the officer.
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| Use of
prescribed
passenger
information
|
146. (1) A designated officer may use
prescribed passenger information to identify
passengers who are inadmissible to Canada or
for whom a warrant of arrest has been issued
by a competent Canadian authority.
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| Protection of
prescribed
passenger
information
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(2) A designated officer who has control of
prescribed passenger information must not
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(a) allow the unauthorized use of the
information; or
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(b) use the information other than in the
administration or enforcement of this Act.
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| Regulations
|
147. Regulations may be made to provide
for any matter relating to the purposes of
sections 87 to 146. The regulations may
include provisions defining terms used in
those sections and provisions respecting
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(a) the rights and obligations of
transportation companies;
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(b) the powers of the Minister to require a
transportation company to provide
facilities, including buildings and
equipment, for the use of the Minister for
the purposes of this Act;
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(c) fees or costs that transportation
companies, or classes of transportation
companies, may be required to pay, and the
criteria for calculating those fees or
charges;
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(d) security that a transportation company
may be required to provide for the recovery
of those fees or costs;
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(e) procedures to be followed when means
of transportation are seized; and
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(f) the passenger information held by a
carrier that may be disclosed to a designated
officer and the manner in which the
information is to be provided to the
designated officer.
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| Immigration
and Refugee
Board
|
148. The Immigration and Refugee Board
consists of the Refugee Protection Division,
the Refugee Appeal Division, the
Immigration Division and the Immigration
Appeal Division.
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| Composition
|
149. The Board is composed of a
Chairperson and other members as are
required to ensure the proper functioning of
the Board.
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| Chairperson
and other
members
|
150. (1) The Chairperson and members of
the Refugee Protection Division, Refugee
Appeal Division and Immigration Appeal
Division
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(a) are appointed by the Governor in
Council to hold office during good
behaviour for a term not exceeding seven
years but may be removed by the Governor
in Council at any time for cause;
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(b) shall swear the oath or solemn
affirmation of office set out in the rules of
the Board;
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(c) are eligible for reappointment in the
same or another capacity;
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(d) shall receive the remuneration that may
be fixed by the Governor in Council;
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(e) are entitled to be paid reasonable travel
and living expenses incurred while absent
in the course of their duties, in the case of a
full-time member, from their ordinary place
of work or, in the case of a part-time
member, while absent from their ordinary
place of residence;
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(f) are deemed to be employed in the public
service of Canada for the purposes of the
Public Service Superannuation Act, the
Government Employees Compensation Act
and any regulations made under to section
9 of the Aeronautics Act;
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(g) may not accept or hold any office or
employment or carry on any activity
inconsistent with their duties and functions;
and
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(h) if appointed as full-time members, must
devote the whole of their time to the
performance of their duties under this Act.
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| Deputy
Chairperson
and Assistant
Deputy
Chairpersons
|
(2) One Deputy Chairperson for each
Division referred to in subsection (1) and not
more than 10 Assistant Deputy Chairpersons
are to be designated by the Governor in
Council from among the full-time members of
those Divisions.
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| Full-time and
part-time
appointments
|
(3) The Chairperson and the Deputy
Chairpersons and Assistant Deputy
Chairpersons of the Divisions referred to in
subsection (1) are appointed on a full-time
basis and the other members are appointed on
a full-time or part-time basis.
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| Qualification
|
(4) The Deputy Chairperson and a majority
of the Assistant Deputy Chairpersons of the
Immigration Appeal Division and at least 10
per cent of the members of the Divisions
referred to in subsection (1) must be members
of at least five years standing at the bar of a
province or notaries of at least five years
standing at the Chambre des notaires du
Québec.
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| Disposition
after member
ceases to hold
office
|
151. A former member of the Board, within
eight weeks after ceasing to be a member, may
make or take part in a decision on a matter that
they heard as a member, if the Chairperson so
requests. For that purpose, the former member
is deemed to be a member.
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| Disposition
where
member
unable to take
part
|
152. If a member of a three-member panel
is unable to take part in the disposition of a
matter that the member has heard, the
remaining members may make the disposition
and, for that purpose, are deemed to constitute
the applicable Division.
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| Immunity and
no summons
|
153. The following rules apply to the
Chairperson and the members in respect of the
exercise or purported exercise of their
functions under this Act:
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(a) no criminal or civil proceedings lie
against them for anything done or omitted
to be done in good faith; and
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(b) they are not competent or compellable
to appear as a witness in any civil
proceedings under this Act.
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