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| Request
|
171. (1) The Chairperson may request the
Minister to decide whether any member,
except a member of the Immigration Division,
should be subject to remedial or disciplinary
measures for a reasons set out in subsection
(2).
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| Reasons
|
(2) The request is to be based on an
allegation that the member has become
incapacitated from the proper execution of
that office by reason of infirmity, has been
guilty of misconduct, has failed in the proper
execution of that office, or has been placed, by
conduct or otherwise, in a position that is
incompatible with due execution of that
office.
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| Measures
|
172. On receipt of the request, the Minister
may take one or more of the following
measures:
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(a) obtain, in an informal and expeditious
manner, any information that the Minister
considers necessary;
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(b) refer the matter for mediation, if the
Minister is satisfied that the issues in
relation to the request may be appropriately
resolved by mediation;
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(c) request of the Governor in Council that
an inquiry to be held under section 173; or
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(d) advise the Chairperson that the Minister
considers that it is not necessary to take
further measures under this Act.
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| Appointment
of inquirer
|
173. On receipt of a request referred to in
paragraph 172(c), the Governor in Council
may, on the recommendation of the Minister
of Justice, appoint a judge of a superior court
to conduct an inquiry.
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| Powers
|
174. The judge has all the powers, rights
and privileges that are vested in a superior
court, including the power
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(a) to issue a summons requiring any person
to appear at the time and place mentioned in
the summons to testify about all matters
within that person's knowledge relative to
the inquiry and to produce any document or
thing relative to the inquiry that the person
has or controls; and
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(b) to administer oaths and examine any
person on oath.
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| Staff
|
175. The judge may engage the services of
counsel and other persons having technical or
specialized knowledge to assist the judge in
conducting the inquiry, establish the terms and
conditions of their engagement and, with the
approval of the Treasury Board, fix and pay
their remuneration and expenses.
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| Public hearing
|
176. (1) An inquiry must be conducted in
public. However, the judge may, on
application, take any appropriate measures
and make any order that the judge considers
necessary to ensure the confidentiality of the
inquiry if, after having considered all
available alternate measures, the judge is
satisfied that there is
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(a) a real and substantial risk that matters
involving public security will be disclosed;
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(b) a real and substantial risk to the fairness
of the inquiry such that the need to prevent
disclosure outweighs the societal interest
that the inquiry be conducted in public; or
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(c) a serious possibility that the life, liberty
or security of a person will be endangered.
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| Confidentialit
y of
application
|
(2) If the judge considers it appropriate, the
judge may take any measures and make any
order that the judge considers necessary to
ensure the confidentiality of a hearing held in
respect of an application under subsection (1).
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| Rules of
evidence
|
177. (1) In conducting an inquiry, the judge
is not bound by any legal or technical rules of
evidence and may receive, and base a decision
on, evidence presented in the proceedings that
the judge considers credible or trustworthy in
the circumstances of the case.
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| Intervenors
|
(2) An interested party may, with leave of
the judge, intervene in an inquiry on such
terms and conditions as the judge considers
appropriate.
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| Right to be
heard
|
178. The member who is the subject of the
inquiry shall be given reasonable notice of the
subject-matter of the inquiry and of the time
and place of any hearing and shall be given an
opportunity, in person or by counsel, to be
heard at the hearing, to cross-examine
witnesses and to present evidence.
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| Report to
Minister
|
179. (1) After an inquiry has been
completed, the judge must submit a report
containing the judge's findings and
recommendations, if any, to the Minister.
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| Recommendat
ions
|
(2) The judge may, for any of the reasons set
out in subsection 171(2), recommend in the
report that the member be suspended without
pay or removed from office or that any other
disciplinary measure or any remedial measure
be taken.
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| Transmission
of report to
Governor in
Council
|
180. (1) If the Minister receives a report of
an inquiry in which the judge makes a
recommendation, the Minister shall send the
report to the Governor in Council who may, if
the Governor in Council considers it
appropriate, suspend the member without pay,
remove the member from office or impose any
other disciplinary measure or any remedial
measure.
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| Rights not
affected
|
(2) Nothing in sections 171 to 179 affects
any right or power of the Governor in Council
in relation to the removal of a member from
office for cause.
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| Continuation
|
181. (1) The Immigration and Refugee
Board continued by section 57 of the
Immigration Act, chapter I-2 of the Revised
Statutes of Canada, 1985, is hereby
continued.
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| Executive
Director of
Immigration
and Refugee
Board
|
(2) The person who, on the coming into
force of this section, held the office of
Executive Director of the Board is deemed
to have been appointed to that office under
section 155, without prejudice to any salary
and benefits he or she may receive by virtue
of having held that office before that
coming into force.
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| Powers
|
182. Sections 94.6, 102.001 to 102.003 and
107.1 of the Immigration Act, chapter I-2 of
the Revised Statutes of Canada, 1985, are,
despite section 268, deemed not to be
repealed and the Minister may exercise any
of the powers described in those sections
with respect to any business or fund that
was approved by the Minister before the
coming into force of section 268.
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| Transitional
provisions
repealed
|
183. The transitional provisions with
respect to the Immigration Act, chapter I-2
of the Revised Statutes of Canada, 1985, are
repealed.
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| Definition of
``former Act''
|
184. For the purposes of sections 185 to
192, ``former Act'' means the Immigration
Act, chapter I-2 of the Revised Statutes of
Canada, 1985, and the regulations and rules
made under it.
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| Application of
this Act
|
185. Every application, proceeding or
matter under the former Act that is pending
or in progress immediately before the
coming into force of this section shall be
governed by this Act on that coming into
force.
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| Application of
former Act by
new Divisions
|
186. Every application, proceeding or
matter before the Convention Refugee
Determination Division or the Immigration
Appeal Division under the former Act that
is pending or in progress immediately
before the coming into force of this section,
in respect of which substantive evidence has
been adduced but no decision has been
made, shall be continued under the former
Act by the Refugee Protection Division and
the Immigration Appeal Division of the
Board, respectively.
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| Continuation
by
Immigration
Division
|
187. Every application, proceeding or
matter before the Adjudication Division
under the former Act that is pending or in
progress immediately before the coming
into force of this section, in respect of which
substantive evidence has been adduced but
no decision has been made, shall be
continued under this Act by the
Immigration Division of the Board.
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| Refugee
Protection
Division
|
188. In cases referred to in section 186, a
decision by the Refugee Protection Division
following a hearing that has been
commenced by the Convention Refugee
Determination Division is not subject to an
appeal under section 105.
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| Convention
Refugee
Determination
Division
|
189. A decision made by the Convention
Refugee Determination Division before the
coming into force of this section is not
subject to an appeal under section 105.
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| Appeals
|
190. Despite section 186, an appeal made
to the Immigration Appeal Division before
the coming into force of this section shall be
discontinued if the appellant has not been
granted a stay under the former Act and the
appeal could not have been made under
section 59 of this Act.
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| Stays
|
191. Despite section 186, if an appellant
who has been granted a stay under the
former Act breaches a condition of the stay,
the appellant shall be subject to the
provisions of sections 59 and 64 of this Act.
|
|
| Refugee
Protection
Division
|
192. The Refugee Protection Division has
jurisdiction to consider decisions of the
Convention Refugee Determination
Division that are set aside by the Federal
Court, and shall dispose of those matters in
accordance with the provisions of this Act.
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|
| Redeterminati
on of
application
for landing
|
193. Section 107 applies to a
redetermination of a decision by the
Convention Refugee Determination
Division that was set aside with respect to an
application for landing as a member of the
post-determination refugee claimants in
Canada class within the meaning of the
Immigration Regulations, 1978.
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|
| No obligation
to issue
documentatio
n
|
194. Subsection 27(1) does not apply with
respect to persons who were permanent
residents, within the meaning of the former
Act, on the coming into force of this section.
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|
| Regulations
|
195. Regulations may be made to provide
for measures regarding the transition
between the former Act and this Act,
including measures regarding classes of
foreign nationals who will be subject in
whole or in part to this Act or the former
Act.
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| R.S., c. A-1
|
Access to Information Act
|
|
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|
196. Paragraph 4(1)(b) of the Access to
Information Act is replaced by the
following:
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|
(b) a permanent resident as referred to in the
Immigration and Refugee Protection Act ,
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| 1997, c. 20
|
Agricultural Marketing Programs Act
|
|
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|
197. The portion of the definition
``producer'' in subsection 2(1) of the
Agricultural Marketing Programs Act after
paragraph (d) is replaced by the following:
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|
For the purposes of Parts I and IV,
``producer'' includes a person or entity
mentioned in any of paragraphs (a) to (d)
that is entitled to a crop or a share in it as
landlord, vendor, mortgagee or
hypothecary creditor on a date specified for
the purposes of this definition in an advance
guarantee agreement. In this definition,
``permanent resident'' has the same
meaning as in the Immigration and Refugee
Protection Act .
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| R.S., c. 8 (4th
Supp.)
|
Animal Pedigree Act
|
|
|
|
198. Subsection 7(2) of the Animal
Pedigree Act is replaced by the following:
|
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| Qualifications
of applicants
|
(2) A person is qualified to apply to form an
association if the person is eighteen years of
age or more and is a Canadian citizen or a
permanent resident as referred to in the
Immigration and Refugee Protection Act .
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|
|
199. Subsection 40(2) of the Act is
replaced by the following:
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| Eligibility
|
(2) Only a Canadian citizen ordinarily
resident in Canada or a permanent resident as
referred to in the Immigration and Refugee
Protection Act may be a director of the
Corporation.
|
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| 1991, c. 46
|
Bank Act
|
|
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|
200. Paragraph (c) of the definition
``resident Canadian'' in section 2 of the
Bank Act is replaced by the following:
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|
|
(c) a permanent resident as referred to in
the Immigration and Refugee Protection
Act and ordinarily resident in Canada,
except a permanent resident who has
been ordinarily resident in Canada for
more than one year after the time at
which the individual first became
eligible to apply for Canadian
citizenship;
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| 1998, c. 21
|
Budget Implementation Act, 1998
|
|
|
|
201. Paragraph 27(1)(a) of the Budget
Implementation Act, 1998 is replaced by the
following:
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|
(a) are Canadian citizens or permanent
residents as referred to in the Immigration
and Refugee Protection Act ;
|
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| 1995, c. 28
|
Business Development Bank of Canada Act
|
|
|
|
202. (1) Paragraph 6(6)(a) of the Business
Development Bank of Canada Act is
replaced by the following:
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|
(a) neither a Canadian citizen nor a
permanent resident as referred to in the
Immigration and Refugee Protection Act ;
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|
(2) Paragraph 6(6)(c) of the Act is
replaced by the following:
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|
(c) a permanent resident, as referred to in
the Immigration and Refugee Protection
Act , who has been ordinarily resident in
Canada for more than one year after first
becoming eligible to apply for Canadian
citizenship;
|
|
| R.S., c. C-44;
1994, c. 24,
s. 1(F)
|
Canada Business Corporations Act
|
|
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|
203. Paragraph (c) of the definition
``resident Canadian'' in subsection 2(1) of
the Canada Business Corporations Act is
replaced by the following:
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|
(c) a permanent resident as referred to in
the Immigration and Refugee Protection
Act and ordinarily resident in Canada,
except a permanent resident who has
been ordinarily resident in Canada for
more than one year after the time at
which he or she first became eligible to
apply for Canadian citizenship;
|
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| 1999, c. 17
|
Canada Customs and Revenue Agency Act
|
|
|
|
204. Paragraph 16(2)(a) of the Canada
Customs and Revenue Agency Act is
replaced by the following:
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|
(a) is not a Canadian citizen or a permanent
resident as referred to in the Immigration
and Refugee Protection Act ;
|
|
| R.S., c. E-2
|
Canada Elections Act
|
|
| 1993, c. 19,
s. 107
|
205. Paragraph 217.1(1)(a) of the Canada
Elections Act is replaced by the following:
|
|
|
|
(a) a person who is not a Canadian citizen
or a permanent resident as referred to in the
Immigration and Refugee Protection Act ;
|
|
| R.S., c. L-2
|
Canada Labour Code
|
|
| 1998, c. 26,
s. 2
|
206. Subsection 10(4) of the Canada
Labour Code is replaced by the following:
|
|
| Requirement
for
appointment
|
(4) The members of the Board must be
Canadian citizens or permanent residents as
referred to in the Immigration and Refugee
Protection Act .
|
|
| R.S., c. S-9
|
Canada Shipping Act
|
|
| 1998, c. 16,
s. 1(4)
|
207. Paragraph (a) of the definition
``qualified person'' in section 2 of the
Canada Shipping Act is replaced by the
following:
|
|
|
|
(a) a Canadian citizen or a permanent
resident as referred to in the Immigration
and Refugee Protection Act , or
|
|
| R.S., c. 6 (3rd
Supp.), s. 13
|
208. Subsection 125(2) of the Act is
replaced by the following:
|
|
| Citizenship of
applicants
|
(2) A certificate shall not be granted under
this Part to an applicant who is not a Canadian
citizen or a permanent resident as referred to
in the Immigration and Refugee Protection
Act .
|
|
| R.S., c. 6 (3rd
Supp.), s. 84
|
209. Subparagraph 712(3)(b)(i) of the Act
is replaced by the following:
|
|
|
|
(i) are Canadian citizens or permanent
residents as referred to in the
Immigration and Refugee Protection
Act , in the case of an individual, or
|
|
| 1994, c. 28
|
Canada Student Financial Assistance Act
|
|
|
|
210. Paragraph (a) of the definition
``qualifying student'' in subsection 2(1) of
the Canada Student Financial Assistance
Act is replaced by the following:
|
|