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| Debts due
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145. (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 agreed to
pay as a deposit or guarantee of
performance of an obligation under this
Act;
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(c) the costs incurred in removing a
prescribed foreign national from Canada;
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(d) an amount that is ordered to be paid
under section 147 on account of an unpaid
liability; and
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(e) an amount referred to in paragraph
148(1)(g).
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| Debts due -
sponsors
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(2) Subject to any federal-provincial
agreement, an amount that a sponsor is
required to pay under the terms of an
undertaking is payable on demand to Her
Majesty in right of Canada and Her Majesty in
right of the province concerned and may be
recovered by Her Majesty in either or both of
those rights.
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| Recovery of
debt
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(3) A debt may be recovered at any time.
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| Certificates
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146. (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
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147. (1) If the Minister is of the opinion 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) The regulations may provide for any
matter relating to the application of this
section.
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| Obligation of
operators of
vehicles and
facilities
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148. (1) A person who owns or operates a
vehicle or a transportation facility, and an
agent for such a person, must, in accordance
with the regulations,
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(a) not carry to Canada a person who is
prescribed or does not hold a prescribed
document, or who an officer directs not be
carried;
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(b) hold the prescribed documentation of a
person whom it carries to Canada until an
examination begins, present the person for
examination and hold the person until the
examination is completed;
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(c) arrange for a medical examination and
medical treatment and observation of a
person it carries to Canada;
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(d) provide prescribed information,
including documentation and reports;
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(e) provide facilities for the holding and
examination of persons being carried to
Canada;
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(f) carry from Canada a person whom it has
carried to or caused to enter Canada and
who is prescribed or whom an officer
directs to be carried;
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(g) pay for all prescribed costs and fees
relating to paragraphs (a), (b), (c) and (f);
and
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(h) provide security for compliance with its
obligations under paragraphs (a) to (g).
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| Seizure of
security for
compliance
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(2) If a person who owns or operates a
vehicle or a transportation facility, or an agent
of such a person, fails to comply with an
obligation under this Act, all or part of any
security provided by the person and any
vehicle or other prescribed good owned or
operated by the person may be detained,
seized or forfeited to Her Majesty in right of
Canada.
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| Use of
information
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149. The following provisions govern
information provided under paragraph
148(1)(d):
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(a) the information may be used only for the
purposes of this Act or to identify a person
for whom a warrant of arrest has been issued
in Canada; and
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(b) notice that the information was provided
must be given to the person to whom it
relates.
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| Regulations
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150. The regulations may provide for any
matter relating to the purposes of sections 148
and 149, may define, for the purposes of this
Act, terms used in those sections and may
include provisions respecting
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(a) the requirements and procedures
applicable to a person who owns or operates
a vehicle or a transportation facility;
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(b) the costs and fees for which a person
who owns or operates a vehicle or a
transportation facility is liable;
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(c) the procedures to be followed when a
vehicle or other security is detained, seized,
forfeited to Her Majesty in right of Canada
or returned; and
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(d) the procedures by which a person may
make claim that their interest in a vehicle or
other good is not affected by it being
detained, seized or forfeited to Her Majesty
in right of Canada.
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| Immigration
and Refugee
Board
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151. 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
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152. 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
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153. (1) The Chairperson and members of
the Refugee Protection Division, Refugee
Appeal Division and Immigration Appeal
Division
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(a) are appointed to the Board by the
Governor in Council, to hold office during
good behaviour for a term not exceeding
seven years, subject to removal by the
Governor in Council at any time for cause,
to serve in a regional or district office of the
Board;
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(b) shall swear the oath or give the 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 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
under this Act; 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
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(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
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(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
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(4) The Deputy Chairperson of the
Immigration Appeal Division and a majority
of the Assistant Deputy Chairpersons of that
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
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154. 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 if
member
unable to take
part
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155. 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
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156. 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.
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| Head office
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157. (1) The head office of the Board shall
be in the National Capital Region as described
in the schedule to the National Capital Act.
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| Residence -
Chairperson
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(2) The Chairperson must live in the
National Capital Region or within reasonable
commuting distance of it.
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| Personnel
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158. The Executive Director and other
personnel necessary for the proper conduct of
the business of the Board shall be appointed in
accordance with the Public Service
Employment Act, and the personnel are
deemed to be employed in the Public Service
for the purposes of the Public Service
Superannuation Act.
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| Chairperson
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159. (1) The Chairperson is, by virtue of
holding that office, a member of each Division
of the Board and is the chief executive officer
of the Board. In that capacity, the Chairperson
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(a) has supervision over and direction of the
work and staff of the Board;
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(b) may at any time assign a member
appointed under paragraph 153(1)(a) to the
Refugee Protection Division, the Refugee
Appeal Division and the Immigration
Appeal Division;
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(c) may at any time, notwithstanding
paragraph 153(1)(a), assign a member,
other than a member of the Immigration
Division, to work in another regional or
district office in order to satisfy operational
requirements, but an assignment may not
exceed 90 days without the approval of the
Governor in Council;
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(d) designates from among the full-time
members of the Board coordinating
members for a Division, other than the
Immigration Division;
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(e) assigns administrative functions to the
members of the Board;
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(f) apportions work among the members of
the Board and fixes the place, date and time
of proceedings;
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(g) takes any action that may be necessary
to ensure that the members of the Board
carry out their duties efficiently and without
undue delay;
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(h) may issue guidelines in writing to
members of the Board and identify
decisions of the Board as jurisprudential
guides, after consulting with the Deputy
Chairpersons and the Director General of
the Immigration Division, to assist
members in carrying out their duties; and
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(i) may appoint and, subject to the approval
of the Treasury Board, fix the remuneration
of experts or persons having special
knowledge to assist the Divisions in any
matter.
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| Delegation
|
(2) The Chairperson may delegate any of
his or her powers under this Act to a member
of the Board, other than a member of the
Immigration Division, except that
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(a) powers conferred under subsection
161(1) may not be delegated;
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(b) powers referred to in paragraphs (1)(a)
and (i) may be delegated to the Executive
Director of the Board; and
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(c) powers in relation to the Immigration
Division may only be delegated to the
Director General, directors or members of
that Division.
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| Absence,
incapacity or
vacancy
|
160. In the event of the absence or
incapacity of the Chairperson, or if the office
of Chairperson is vacant, the Minister may
authorize one of the Deputy Chairpersons or
any other member of the Board to act as
Chairperson.
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