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| R.S., c. F-27
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62. The Food and Drugs Act is amended
by adding the following after section 30:
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| Interim orders
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30.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Act
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health, safety or the
environment.
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| Cessation of
effect
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(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 90 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Act, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(3) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Act other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| R.S., c. H-3
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63. The Hazardous Products Act is
amended by adding the following after
section 5:
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| Interim
orders -
regulations
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5.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Interim
orders -
section 6
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(2) The Minister may make an interim order
in which any power referred to in section 6 is
deemed to be exercised, if the Minister
believes that immediate action is required to
deal with a significant risk, direct or indirect,
to health or safety.
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| Cessation of
effect
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(3) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 90 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) in the case of an interim order made
under subsection (1), the day on which a
regulation made under this Part that has the
same effect as the interim order comes into
force and, in the case of an interim order
made under subsection (2), the day on
which an order made by the Governor in
Council under this Part that has the same
effect as the interim order comes into force,
and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(4) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(5) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(6) For the purpose of any provision of this
Part other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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64. The Act is amended by adding the
following after section 16:
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| Interim
orders -
regulations
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16.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Interim
orders -
sections 17
and 18
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(2) The Minister may make an interim order
in which any power referred to in sections 17
and 18 is deemed to be exercised, if the
Minister believes that immediate action is
required to deal with a significant risk, direct
or indirect, to health or safety.
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| Cessation of
effect
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(3) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 90 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) in the case of an interim order made
under subsection (1), the day on which a
regulation made under this Part that has the
same effect as the interim order comes into
force and, in the case of an interim order
made under subsection (2), the day on
which an order made by the Governor in
Council under this Part that has the same
effect as the interim order comes into force,
and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(4) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(5) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(6) For the purpose of any provision of this
Part other than this section and section 19, any
reference to regulations made under this Act
is deemed to include interim orders, and any
reference to a regulation made under a
specified provision of this Act is deemed to
include a reference to the portion of an interim
order containing any provision that may be
contained in a regulation made under the
specified provision.
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65. The Act is amended by adding the
following after section 27:
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| Interim orders
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27.1 (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation made under this Part
if the Minister believes that immediate action
is required to deal with a significant risk,
direct or indirect, to health or safety.
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| Cessation of
effect
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(2) An interim order has effect from the
time that it is made but ceases to have effect
on the earliest of
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(a) 90 days after it is made, unless it is
approved by the Governor in Council,
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(b) the day on which it is repealed,
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(c) the day on which a regulation made
under this Part, that has the same effect as
the interim order, comes into force, and
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(d) one year after the interim order is made
or any shorter period that may be specified
in the interim order.
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| Contravention
of
unpublished
order
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(3) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order or
reasonable steps had been taken to bring the
purport of the interim order to the notice of
those persons likely to be affected by it.
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| Exemption
from
Statutory
Instruments
Act
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(4) An interim order
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(a) is exempt from the application of
sections 3, 5 and 11 of the Statutory
Instruments Act; and
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(b) shall be published in the Canada
Gazette within 23 days after it is made.
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| Deeming
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(5) For the purpose of any provision of this
Part other than this section, any reference to
regulations made under this Act is deemed to
include interim orders, and any reference to a
regulation made under a specified provision of
this Act is deemed to include a reference to the
portion of an interim order containing any
provision that may be contained in a
regulation made under the specified
provision.
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| R.S., c. I-2
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| 1995, c. 15,
s. 11(1)
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66. (1) Subsection 46.1(2) of the
Immigration Act is replaced by the
following:
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| Notification to
Refugee
Division by
senior
immigration
officer
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(1.1) A senior immigration officer shall
forthwith notify the Refugee Division and, in
the circumstances described in subsection
23(4.01), (4.2) or (4.3) or 27(3.1) or (6), shall
cause an inquiry to be held concerning the
person as soon as is reasonably practicable if,
after a person's claim has been referred to the
Refugee Division,
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(a) the senior immigration officer believes
on reasonable grounds that the person is a
member of an inadmissible class described
in paragraph 19(1)(e), (f), (g), (j), (k) or (l);
or
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(b) a certificate is signed and filed under
subsection 40.1(1) to the effect that the
person is a member of an inadmissible class
described in paragraph (a).
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| Suspension of
consideration
of case
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(2) On being notified under subsection (1)
or (1.1) , the Refugee Division shall suspend
its consideration of the case and shall
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(a) continue its consideration of the case, if
it receives notice that a senior immigration
officer has made a determination under
paragraph 45(1)(a) that the person is
eligible to have their claim determined by
the Refugee Division; or
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(b) terminate its consideration of the case,
if it receives notice that a senior
immigration officer has made a
determination under paragraph 45(1)(a)
that the person is not eligible to have their
claim determined by the Refugee Division.
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(2) Subsections 46.1(1.1) and (2) of the
Act, as enacted by subsection (1), apply to
any claim that has been referred to the
Refugee Division on or before the day on
which those subsections come into force but
in respect of which the Refugee Division has
not made a determination.
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| 1995, c. 15,
s. 11(1)
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67. Subsections 46.2(1) and (2) of the Act
are replaced by the following:
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| Resumption
of
consideration
of case
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46.2 (1) A senior immigration officer shall
request that the Refugee Division forthwith
resume its consideration of a person's claim if
the senior immigration officer believes on
reasonable grounds that, because a final
decision has been made in the matter, the
person is no longer a member of an
inadmissible class referred to, or a person
described, in subsection 46.1(1) or (1.1) .
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| Effect
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(2) If subsection (1) applies and,
immediately before the decision referred to in
paragraph 46.1(2)(b) was made, the person
was subject to a removal order on a basis other
than that the person is a person referred to in
subsection 46.1(1) or (1.1) , the person is
deemed to be subject to a conditional
departure order or a conditional deportation
order, as the case may be, from the day on
which the person ceases to belong to an
inadmissible class referred to, or to be a person
described, in that subsection.
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| 1992, c. 49,
s. 42
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68. Subsection 52(1) of the Act is replaced
by the following:
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| Voluntary
departure
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52. (1) Unless otherwise directed by the
Minister, a person against whom a removal
order is made may be allowed to leave Canada
voluntarily and to select the country for which
that person wishes to depart.
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69. The Act is amended by adding the
following after section 88:
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| Duty to
provide
information
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88.1 (1) A transportation company bringing
persons to Canada shall, in accordance with
the regulations, provide prescribed
information, including documentation and
reports.
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| Use of
information
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(2) The following provisions govern
information provided under subsection (1):
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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 used
must be given to the person to whom it
relates.
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| R.S., c. 29
(4th Supp.),
s. 9; 1992,
c. 49, s. 84
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70. Sections 94.1 to 94.4 of the Act are
replaced by the following:
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| Organizing
entry into
Canada
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94.1 (1) Every person who knowingly
organizes, induces, aids or abets or attempts to
organize, induce, aid or abet the coming into
Canada of one or more persons who are not in
possession of a visa, passport or other
document required by this Act or the
regulations is guilty of an offence.
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| Penalties -
fewer than ten
persons
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(2) A person who contravenes subsection
(1) with respect to fewer than ten persons is
liable
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(a) on conviction on indictment
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(i) for a first offence , to a fine of not more
than five hundred thousand dollars or to
a term of imprisonment of not more than
ten years, or to both, and
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(ii) for a subsequent offence, to a fine of
not more than one million dollars or to a
term of imprisonment of not more than
fourteen years, or to both; and
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(b) on summary conviction, to a fine of not
more than one hundred thousand dollars or
to a term of imprisonment of not more than
two years , or to both.
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| Penalty - ten
persons or
more
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(3) A person who contravenes subsection
(1) with respect to a group of ten persons or
more is liable on conviction on indictment to
a fine of not more than one million dollars or
to life imprisonment, or to both.
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| No
proceedings
without
consent
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(4) No proceedings for an offence under
this section may be instituted except by or
with the consent of the Attorney General of
Canada.
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| Trafficking in
persons
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94.2 (1) Every person who knowingly
organizes the coming into Canada of one or
more persons by means of abduction, fraud,
deception or the use or threat of force or
coercion is guilty of an offence.
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