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DIVISION 8 |
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JUDICIAL REVIEW |
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Application
for judicial
review
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72. (1) Judicial review by the Federal Court
with respect to any matter - a decision,
determination or order made, a measure taken
or a question raised - under this Act is
commenced by making an application for
leave to the Court.
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Application
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(2) The following provisions govern an
application under subsection (1):
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Right of
Minister
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73. The Minister may make an application
for leave to commence an application for
judicial review with respect to any decision of
the Refugee Appeal Division, whether or not
the Minister took part in the proceedings
before the Refugee Protection Division or
Refugee Appeal Division.
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Judicial
review
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74. Judicial review is subject to the
following provisions:
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Rules
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75. (1) Subject to the approval of the
Governor in Council, the Chief Justice of the
Federal Court may make rules governing the
practice and procedure in relation to
applications for leave to commence an
application for judicial review, for judicial
review and for appeals. The rules are binding
despite any rule or practice that would
otherwise apply.
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Inconsistencie
s
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(2) In the event of an inconsistency between
this Division and any provision of the Federal
Court Act, this Division prevails to the extent
of the inconsistency.
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DIVISION 9 |
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PROTECTION OF INFORMATION |
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Examination on Request by the Minister and
the Solicitor General of Canada
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Definitions
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76. The definitions in this section apply in
this Division.
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``information'
' « renseigneme nts »
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``information'' means security or criminal
intelligence information and information
that is obtained in confidence from a source
in Canada, from the government of a
foreign state, from an international
organization of states or from an institution
of either of them.
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``judge'' « juge »
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``judge'' means the Chief Justice of the
Federal Court-Trial Division or another
judge of that Division designated by the
Chief Justice.
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Referral of
certificate
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77. (1) The Minister and the Solicitor
General of Canada may sign a certificate
stating that a foreign national is inadmissible
on grounds of security, violating human or
international rights, serious criminality or
organized criminality and refer it to the
Federal Court-Trial Division, which shall
make a determination under section 80.
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Effect of
referral
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(2) When the certificate is referred, a
proceeding under this Act respecting the
person named in the certificate, other than an
application under subsection 112(1), may not
be commenced and, if commenced, must be
adjourned, until the judge makes the
determination.
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Judicial
consideration
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78. The following provisions govern the
determination:
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Proceedings
suspended
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79. (1) On the request of the Minister, a
judge shall suspend a proceeding with respect
to a certificate in order for the Minister to
decide an application for protection made
under subsection 112(1).
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Proceedings
resumed
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(2) If a proceeding is suspended under
subsection (1) and the application for
protection is decided, the Minister shall give
notice of the decision to the foreign national
and the judge, the judge shall resume the
proceeding and the judge shall review the
lawfulness of the decision of the Minister,
taking into account the grounds referred to in
subsection 18.1(4) of the Federal Court Act.
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Determination
that certificate
is reasonable
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80. (1) The judge may, on the basis of the
information and evidence available,
determine whether the certificate is
reasonable and whether the decision on the
application for protection, if any, is lawfully
made.
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Determination
that certificate
is not
reasonable
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(2) The judge shall quash a certificate if the
judge is of the opinion that it is not reasonable.
If the judge does not quash the certificate but
determines that the decision on the application
for protection is not lawfully made, the judge
shall quash the decision and suspend the
proceeding to allow the Minister to make a
decision on the application for protection.
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Determination
not
reviewable
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(3) The determination of the judge is final
and may not be appealed or judicially
reviewed.
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Effect of
determination
- removal
order
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81. If a certificate is determined to be
reasonable under subsection 80(1),
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Detention
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Detention of
permanent
resident
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82. (1) The Minister and the Solicitor
General of Canada may issue a warrant for the
arrest and detention of a permanent resident
who is named in a certificate described in
subsection 77(1) if they have reasonable
grounds to believe that the permanent resident
is a danger to national security or to the safety
of any person or is unlikely to appear at a
proceeding or for removal.
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Mandatory
detention
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(2) A foreign national, other than a
permanent resident, who is named in a
certificate described in subsection 77(1) shall
be detained without the issue of a warrant.
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Review of
decision for
detention
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83. (1) Not later than 48 hours after the
beginning of detention of a permanent
resident under section 82, a judge shall
commence a review of the reasons for the
continued detention. Section 78 applies with
respect to the review, with any modifications
that the circumstances require.
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Further
reviews
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(2) The permanent resident must, until a
determination is made under subsection 80(1),
be brought back before a judge at least once in
the six-month period following each
preceding review and at any other times that
the judge may authorize.
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Order for
continuation
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(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 any person, or is
unlikely to appear at a proceeding or for
removal.
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Release
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84. (1) The Minister may, on application by
a foreign national, order the foreign national's
release from detention to permit their
departure from Canada.
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Judicial
release
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(2) A judge may, on application by a foreign
national who has not been removed from
Canada within 120 days after the Federal
Court determines a certificate to be
reasonable, order the foreign national's
release from detention, 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 any person.
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Inconsistency
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85. In the case of an inconsistency between
sections 82 to 84 and the provisions of
Division 6, sections 82 to 84 prevail to the
extent of the inconsistency.
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Consideration During an Admissibility
Hearing or an Immigration Appeal
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Application
for
non-disclosur
e -
Immigration
Appeal
Division
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86. (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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Procedure
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(2) Section 78 applies to the determination
of the application, with any modifications that
the circumstances require, including that a
reference to ``judge'' be read as a reference to
the applicable Division of the Board.
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Consideration During Judicial Review
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Application
for
non-disclosur
e - Court
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87. (1) The Minister may, in the course of a
judicial review, make an application to the
judge for the non-disclosure of any
information with respect to information
protected under subsection 86(1) or
information considered under section 11, 112
or 115.
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Procedure
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(2) Section 78, except for the provisions
relating to the obligation to provide a
summary and the time limit referred to in
paragraph 78(d), applies to the determination
of the application, with any modifications that
the circumstances require.
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DIVISION 10 |
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GENERAL PROVISIONS |
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Loans
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Loans
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88. (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 purposes of this Act.
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Regulations
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(2) The regulations may provide for any
matter relating to the application of this
section, and may include provisions
respecting classes of persons to whom, and the
purposes for which, the loans may be made.
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Fees
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Regulations
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89. The regulations may govern fees for
services provided in the administration of this
Act, and cases in which fees may be waived by
the Minister or otherwise, individually or by
class.
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Social Insurance Number Cards
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Minister
directs special
cards to be
issued
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90. The Minister may direct the Canada
Employment Insurance Commission to issue
to persons, other than Canadian citizens or
permanent residents, Social Insurance
Number Cards, by which the holders of such
cards are identified as persons who may be
required under this Act to obtain authorization
to work in Canada.
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Representation
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Regulations
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91. The regulations may govern who may or
may not represent, advise or consult with a
person who is the subject of a proceeding or
application before the Minister, an officer or
the Board.
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Material Incorporated in Regulations
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Incorporated
material
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92. (1) A regulation may incorporate by
reference the following material:
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Amended
from time to
time
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(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
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(3) For greater certainty, material that is
incorporated by reference in a regulation
made under this Act is not a regulation for the
purposes of the Statutory Instruments Act.
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Statutory
Instruments
Act
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93. No instruction that the Minister may
give is a regulation within the meaning of the
Statutory Instruments Act.
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Report to Parliament
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Annual report
to Parliament
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94. (1) The Minister must, on or before
November 1 of each year or, if a House of
Parliament is not then sitting, within the next
30 days on which that House 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
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(2) The report shall include a description of
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