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| Contravention
of Act
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124. (1) Every person commits an offence
who
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(a) contravenes a provision of this Act for
which a penalty is not specifically provided
or fails to comply with a condition or
obligation imposed under this Act;
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(b) escapes or attempts to escape from
lawful custody or detention under this Act;
or
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(c) employs a foreign national, other than a
permanent resident, in a capacity in which
the foreign national is not authorized under
this Act to be employed.
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| Deemed
knowledge
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(2) For the purposes of paragraph (1)(c), a
person who fails to exercise due diligence to
determine whether employment is authorized
under this Act is deemed to know that it is not
authorized.
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| Due diligence
defence
|
(3) A person referred to in subsection
148(1) shall not be found guilty of an offence
under paragraph (1)(a) if it is established that
they exercised all due diligence to prevent the
commission of the offence.
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| Penalties
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125. A person who commits an offence
under subsection 124(1) is liable
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(a) on conviction on indictment, to a fine of
not more than $50,000 or to imprisonment
for a term of not more than two years, or to
both; or
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(b) on summary conviction, to a fine of not
more than $10,000 or to imprisonment for
a term of not more than six months, or to
both.
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| Counselling
misrepresentat
ion
|
126. Every person who knowingly
counsels, induces, aids or abets or attempts to
counsel, induce, aid or abet any person to
directly or indirectly misrepresent or withhold
material facts relating to a relevant matter that
induces or could induce an error in the
administration of this Act is guilty of an
offence.
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| Misrepresenta
tion
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127. No person shall knowingly
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(a) directly or indirectly misrepresent or
withhold material facts relating to a
relevant matter that induces or could induce
an error in the administration of this Act;
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(b) communicate, directly or indirectly, by
any means, false or misleading information
or declarations with intent to induce or deter
immigration to Canada; or
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(c) refuse to be sworn or to affirm or declare,
as the case may be, or to answer a question
put to the person at an examination or at a
proceeding held under this Act.
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| Penalties
|
128. A person who contravenes a provision
of section 126 or 127 is guilty of an offence
and liable
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(a) on conviction on indictment, to a fine of
not more than $100,000 or to imprisonment
for a term of not more than five years, or to
both; or
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(b) on summary conviction, to a fine of not
more than $50,000 or to imprisonment for
a term of not more than two years, or to
both.
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| Offences
relating to
officers
|
129. (1) Every person is guilty of an offence
who
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(a) being an officer or an employee of the
Government of Canada, knowingly makes
or issues any false document or statement,
or accepts or agrees to accept a bribe or
other benefit, in respect of any matter under
this Act or knowingly fails to perform their
duties under this Act;
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(b) gives or offers to give a bribe or
consideration to, or makes an agreement or
arrangement with, an officer to induce the
officer not to perform their duties under this
Act;
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(c) falsely personates an officer or by any
act or omission leads any person to believe
that the person is an officer; or
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(d) obstructs or impedes an officer in the
performance of the officer's duties under
this Act.
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| Punishment
|
(2) Every person who is guilty of an offence
under subsection (1) is liable
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(a) on conviction on indictment, to a fine of
not more than $50,000 or to imprisonment
for a term of not more than five years, or to
both; or
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(b) on summary conviction, to a fine of not
more than $10,000 or to imprisonment for
a term of not more than six months, or to
both.
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| Possession of
property
obtained by
certain
offences
|
130. (1) No person shall possess any
property or any proceeds of any property
knowing that all or any part of the property or
of those proceeds was obtained or derived
directly or indirectly as a result of the
commission of an offence under subsection
(2) or section 117, 118, 119, 122, 124, 126,
127, 129 or 131.
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| Laundering
proceeds of
certain
offences
|
(2) No person shall use, transfer the
possession of, send or deliver to any person or
place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any
means, any property or any proceeds of any
property with intent to conceal or convert that
property or those proceeds and knowing or
believing that all or part of that property or
those proceeds was obtained or derived
directly or indirectly as a result of the
commission of an offence under subsection
(1) or section 117, 118, 119, 122, 124, 126,
127, 129 or 131.
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| Exception
|
(3) Subsections (1) and (2) do not apply to
an officer or a peace officer or a person acting
under their direction in the course of an
investigation or otherwise in the execution of
their duties.
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| Punishment
|
(4) Every person who contravenes
subsection (1) or (2) commits an offence and
is liable
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(a) on conviction on indictment, to a fine of
not more than $500,000 or to imprisonment
for a term of not more than 10 years, or to
both; or
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(b) on summary conviction, to a fine of not
more than $100,000 or to imprisonment for
a term of not more than two years, or to
both.
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| Counselling
offence
|
131. Every person who knowingly induces,
aids or abets or attempts to induce, aid or abet
any person to contravene section 117, 118,
119, 122, 124, 129 or 130, or who counsels a
person to do so, commits an offence and is
liable to the same penalty as that person.
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| Part XII.2 of
the Criminal
Code
applicable
|
132. Sections 462.3 and 462.32 to 462.5 of
the Criminal Code apply, with any
modifications that the circumstances require,
in respect of proceedings for an offence
contrary to section 117, 118, 119, 122, 124,
126, 127, 129, 130 or 131.
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| Deferral
|
133. A foreign national who has claimed
refugee protection, and who came to Canada
directly or indirectly from the country in
respect of which the claim is made, may not be
charged with an offence under section 122,
paragraph 124(1)(a) or section 127 of this Act
or under section 57, paragraph 340(c) or
section 354, 366, 368, 374 or 403 of the
Criminal Code, in relation to the coming into
Canada of the person, pending disposition of
their claim for refugee protection or if refugee
protection is conferred.
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| Defence -
incorporation
by reference
|
134. No person may be found guilty of an
offence or subjected to a penalty for the
contravention of a provision of a regulation
that incorporates material by reference, unless
it is proved that, at the time of the alleged
contravention,
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(a) the material was reasonably accessible
to the person;
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(b) reasonable steps had been taken to
ensure that the material was accessible to
persons likely to be affected by the
regulation; or
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(c) the material had been published in the
Canada Gazette.
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| Offences
outside
Canada
|
135. An act or omission that would by
reason of this Act be punishable as an offence
if committed in Canada is, if committed
outside Canada, an offence under this Act and
may be tried and punished in Canada.
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| Venue
|
136. (1) A proceeding in respect of an
offence under this Act may be instituted, tried
and determined at the place in Canada where
the offence was committed or at the place in
Canada where the person charged with the
offence is or has an office or place of business
at the time of the institution of those
proceedings.
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| Where
commission
outside
Canada
|
(2) A proceeding in respect of an offence
under this Act that is committed outside
Canada may be instituted, tried and
determined at any place in Canada.
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| Forfeiture
|
137. (1) A court that convicts a person of an
offence under this Act may, in addition to any
other punishment imposed, order that any
offence-related property seized in relation to
the offence be forfeited to Her Majesty in right
of Canada.
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| Regulations
|
(2) The regulations may define the
expression ``offence-related property'' for the
purposes of this section, may provide for any
matter relating to the application of this
section, and may include provisions
respecting the return to their lawful owner,
disposition, or disposition of the proceeds of
disposition, of offence-related property that
has been seized.
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| Powers of
peace officer
|
138. (1) An officer, if so authorized, has the
authority and powers of a peace
officer - including those set out in sections
487 to 492.2 of the Criminal Code - to
enforce this Act, including any of its
provisions with respect to the arrest, detention
or removal from Canada of any person.
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| Temporary
assistants
|
(2) An officer may, in cases of emergency,
employ a person to assist the officer in
carrying out duties under this Act. That person
has the authority and powers of the officer for
a period of no more than 48 hours, unless
approved by the Minister.
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| Search
|
139. (1) An officer may search any person
seeking to come into Canada and may search
their luggage and personal effects and the
means of transportation that conveyed the
person to Canada if the officer believes on
reasonable grounds that the person
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(a) has not revealed their identity or has
hidden on or about their person documents
that are relevant to their admissibility; or
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(b) has committed, or possesses documents
that may be used in the commission of, an
offence referred to in section 117, 118 or
122.
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| Search by
person of
same sex
|
(2) A search of a person under this section
must be performed by a person of the same sex
as the person being searched. If an officer of
the same sex is not available, any suitable
person of the same sex may be authorized by
an officer to perform the search.
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| Seizure
|
140. (1) An officer may seize and hold any
means of transportation, document or other
thing if the officer believes on reasonable
grounds that it was fraudulently or improperly
obtained or used or that the seizure is
necessary to prevent its fraudulent or
improper use or to carry out the purposes of
this Act.
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| Interpretation
|
(2) Despite subsection 42(2) of the Canada
Post Corporation Act, a thing or document
that is detained under the Customs Act and
seized by an officer is not in the course of post
for the purposes of the Canada Post
Corporation Act.
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| Regulations
|
(3) The regulations may provide for any
matter relating to the application of this
section and may include provisions respecting
the deposit of security as a guarantee to
replace things that have been seized or that
might otherwise be seized, and the return to
their lawful owner, and the disposition, of
things that have been seized.
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| Oaths and
evidence
|
141. Every officer has the authority to
administer oaths and to take and receive
evidence under oath on any matter arising out
of this Act.
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| Duties of
peace officers
to execute
orders
|
142. Every peace officer and every person
in immediate charge or control of an
immigrant station shall, when so directed by
an 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
|
143. 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
|
144. (1) In addition to other procedures set
out in this Act or 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
|
(2) An 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
|
(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
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
|
(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
|
(5) The regulations may 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
$10,000, for a prescribed offence.
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