Bill C-31

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Complete Document Bilingual view XML PDF

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-31

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Protecting Canada’s Immigration System Act.

2001, c. 27

IMMIGRATION AND REFUGEE PROTECTION ACT

2. Subsection 2(1) of the Immigration and Refugee Protection Act is amended by adding the following in alphabetical order:

“designated foreign national”
« étranger désigné »

“designated foreign national” has the meaning assigned by subsection 20.1(2).

3. Subsection 6(3) of the Act is replaced by the following:

Exception

(3) Despite subsection (2), the Minister may not delegate the power conferred by subsection 20.1(1) or 77(1) or the ability to make determinations under subsection 34(2) or 35(2) or paragraph 37(2)(a).

4. The headings before section 11 of the Act are replaced by the following:

PART 1

IMMIGRATION TO CANADA

Division 1

Requirements and Selection

Requirements

5. Section 11 of the Act is amended by adding the following after subsection (1):

Restriction

(1.1) A designated foreign national may not make an application for permanent residence under subsection (1)

(a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

(b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

Suspension of application

(1.2) The processing of an application for permanent residence under subsection (1) of a foreign national who, after the application is made, becomes a designated foreign national is suspended

(a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

(b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

(c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

Refusal to consider application

(1.3) The officer may refuse to consider an application for permanent residence made under subsection (1) if

(a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

(b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.1) or (1.2).

6. The Act is amended by adding the following after section 11:

Biometric information

11.1 A prescribed foreign national who makes an application for a temporary resident visa, study permit or work permit must follow the prescribed procedures for the collection of prescribed biometric information.

7. Subsections 13(1) to (3) of the Act are replaced by the following:

Sponsorship of foreign nationals

13. (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations.

8. The Act is amended by adding the following after section 13:

Undertakings

Undertaking binding

13.1 An undertaking given under this Act in respect of a foreign national — including a sponsorship undertaking — is binding on the person who gives it.

Undertaking required

13.2 (1) If required to do so by the regulations, a foreign national who makes an application for a visa or for permanent or temporary resident status must obtain the undertaking specified in the regulations.

Minister’s instructions

(2) An officer must apply the regulations made under paragraph 14(2)(e.1) in accordance with any instructions that the Minister may give.

9. (1) Paragraph 14(2)(e) of the Act is replaced by the following:

(e) sponsorships;

(e.1) undertakings, and penalties for failure to comply with undertakings;

(2) Section 14 of the Act is amended by adding the following after subsection (2):

Biometric information

(3) The regulations may provide for any matter relating to the application of section 11.1, including

(a) the circumstances in which a foreign national is exempt from the requirement to follow the procedures prescribed under that section;

(b) the circumstances in which a foreign national is not required to provide certain biometric information; and

(c) the processing of the collected biometric information, including creating biometric templates or converting the information into digital biometric formats.

10. The Act is amended by adding the following after section 20:

Designation — human smuggling or other irregular arrival

20.1 (1) The Minister may, by order, having regard to the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she

(a) is of the opinion that examinations of the persons in the group, particularly for the purpose of establishing identity or determining inadmissibility — and any investigations concerning persons in the group — cannot be conducted in a timely manner; or

(b) has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

Effect of designation

(2) When a designation is made under subsection (1), a foreign national — other than a foreign national referred to in section 19 — who is part of the group whose arrival is the subject of the designation becomes a designated foreign national unless, on arrival, they hold the visa or other document required under the regulations and, on examination, the officer is satisfied that they are not inadmissible.

Statutory Instruments Act

(3) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

Application for permanent residence — restriction

20.2 (1) A designated foreign national may not apply to become a permanent resident

(a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

(b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

Suspension of application for permanent residence

(2) The processing of an application for permanent residence of a foreign national who, after the application is made, becomes a designated foreign national is suspended

(b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

(c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

Refusal to consider application

(3) The officer may refuse to consider an application for permanent residence if

(b) less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2).

11. (1) Subsection 21(2) of the Act is replaced by the following:

Protected person

(2) Except in the case of a person who is a member of a prescribed class of persons, a person who has made a claim for refugee protection or an application for protection and who has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.

(2) Section 21 of the Act is amended by adding the following after subsection (2):

Pending application — subsection 108(2)

(3) A person in respect of whom the Minister has made an application under subsection 108(2) may not become a permanent resident under subsection (2) while the application is pending.

12. Section 24 of the Act is amended by adding the following after subsection (4):

Restriction — designated foreign national

(5) A designated foreign national may not request a temporary resident permit

(a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

(b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

(c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

Suspension of request

(6) The processing of a request for a temporary resident permit of a foreign national who, after the request is made, becomes a designated foreign national is suspended

(b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

(c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

Refusal to consider request

(7) The officer may refuse to consider a request for a temporary resident permit if

(b) less than 12 months have passed since the end of the applicable period referred to in subsection (5) or (6).

2010, c. 8, s. 4(1)

13. (1) Subsection 25(1) of the Act is replaced by the following:

Humanitarian and compassionate considerations — request of foreign national

25. (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible or does not meet the requirements of this Act, and may, on request of a foreign national outside Canada who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Restriction — designated foreign national

(1.01) A designated foreign national may not make a request under subsection (1)

(a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

(b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

Suspension of request

(1.02) The processing of a request under subsection (1) of a foreign national who, after the request is made, becomes a designated foreign national is suspended

(b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

Refusal to consider request

(1.03) The Minister may refuse to consider a request under subsection (1) if

(b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.01) or (1.02).

2010, c. 8, s. 4(1)

(2) Subsection 25(1.1) of the French version of the Act is replaced by the following:

Paiement des frais

(1.1) Le ministre n’est saisi de la demande faite au titre du paragraphe (1) que si les frais afférents ont été payés au préalable.

2010, c. 8, s. 4(1)

(3) Subsection 25(1.2) of the Act is replaced by the following:

Exceptions

(1.2) The Minister may not examine the request if

(a) the foreign national has already made such a request and the request is pending;

(b) the foreign national has made a claim for refugee protection that is pending before the Refugee Protection Division; or

(c) subject to subsection (1.21), less than 12 months have passed since the foreign national’s last claim for refugee protection was rejected, determined to be withdrawn after substantive evidence was heard or determined to be abandoned.

Exception to paragraph (1.2)(c)

(1.21) Paragraph (1.2)(c) does not apply in respect of a foreign national

(a) who, in the case of removal, would be subjected to a risk to their life, caused by the inability of each of their countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, to provide adequate health or medical care; or

(b) whose removal would have an adverse effect on the best interests of a child directly affected.

2010, c. 8, s. 4(1)

(4) Subsection 25(1.3) of the French version of the Act is replaced by the following:

Non-application de certains facteurs

(1.3) Le ministre, dans l’étude de la demande faite au titre du paragraphe (1) d’un étranger se trouvant au Canada, ne tient compte d’aucun des facteurs servant à établir la qualité de réfugié — au sens de la Convention — aux termes de l’article 96 ou de personne à protéger au titre du paragraphe 97(1); il tient compte, toutefois, des difficultés auxquelles l’étranger fait face.

2010, c. 8, s. 5

14. (1) Subsection 25.2(1) of the Act is replaced by the following:

Public policy considerations

25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.

(2) Section 25.2 of the Act is amended by adding the following after subsection (3):

Conditions

(4) The conditions referred to in subsection (1) may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party that meets any criteria specified by the Minister.

15. Section 26 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(d.1) undertakings that may or must be given in respect of requests made under subsection 25(1) or undertakings referred to in subsection 25.2(4), and penalties for failure to comply with undertakings;

(d.2) the determination of eligibility referred to in subsection 25.2(4); and

16. The Act is amended by adding the following after section 31:

Refugee Travel Document

Designated foreign national

31.1 For the purposes of Article 28 of the Refugee Convention, a designated foreign national whose claim for refugee protection or application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24.

17. Paragraph 40(1)(c) of the Act is replaced by the following:

(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

18. The Act is amended by adding the following after section 40:

Cessation of refugee protection

40.1 A person is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.

19. (1) Subsection 46(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) on a final determination under subsection 108(2) that their refugee protection has ceased; or

(2) Paragraph 46(1)(d) of the English version of the Act is replaced by the following:

(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection.

20. Subsection 48(2) of the Act is replaced by the following:

Effect

(2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible.

21. Paragraph 49(2)(c) of the Act is replaced by the following:

(c) if the claim is rejected by the Refugee Protection Division, on the expiry of the time limit referred to in subsection 110(2.1) or, if an appeal is made, 15 days after notification by the Refugee Appeal Division that the claim is rejected;

22. Paragraph 53(e) of the Act is replaced by the following:

(e) the effect and enforcement of removal orders, including the consideration of factors in the determination of when enforcement is possible;

23. (1) Subsection 55(1) of the Act is replaced by the following:

Arrest and detention with warrant

55. (1) An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2).

(2) Paragraph 55(3)(b) of the Act is replaced by the following:

(b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.

(3) Section 55 of the Act is amended by adding the following after subsection (3):

Mandatory arrest and detention — designated foreign national

(3.1) If a designation is made under subsection 20.1(1), an officer must

(a) detain, on their entry into Canada, a foreign national who, as a result of the designation, is a designated foreign national and who is 16 years of age or older on the day of the arrival that is the subject of the designation; or

(b) arrest and detain without a warrant — or issue a warrant for the arrest and detention of — a foreign national who, after their entry into Canada, becomes a designated foreign national as a result of the designation and who was 16 years of age or older on the day of the arrival that is the subject of the designation.

24. Section 56 of the Act is renumbered as subsection 56(1) and is amended by adding the following:

Period of detention — designated foreign national

(2) Despite subsection (1), a designated foreign national who is detained under this Division and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question must be detained until

(a) a final determination is made to allow their claim for refugee protection or application for protection;

(b) they are released as a result of the Immigration Division ordering their release under section 58; or

25. The Act is amended by adding the following after section 57:

Initial review — designated foreign national

57.1 (1) Despite subsections 57(1) and (2), in the case of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, the Immigration Division must review the reasons for their continued detention on the expiry of 12 months after the day on which that person is taken into detention and may not do so before the expiry of that period.

Further review — designated foreign national

(2) Despite subsection 57(2), in the case of the designated foreign national referred to in subsection (1), the Immigration Division must review again the reasons for their continued detention on the expiry of six months after the day on which the previous review was conducted — under this subsection or subsection (1) — and may not do so before the expiry of that period.

Presence

(3) In a review under subsection (1) or (2), the officer must bring the designated foreign national before the Immigration Division or to a place specified by it.

26. (1) Paragraphs 58(1)(c) and (d) of the Act are replaced by the following:

(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality;

(d) the Minister is of the opinion that the identity of the foreign national — other than a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question — has not been, but may be, established and they have not reasonably cooperated with the Minister by providing relevant information for the purpose of establishing their identity or the Minister is making reasonable efforts to establish their identity; or

(e) the Minister is of the opinion that the identity of the foreign national who is a designated foreign national and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question has not been established.

(2) Section 58 of the Act is amended by adding the following after subsection (3):

Conditions — designated foreign national

(4) If the Immigration Division orders the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, it shall also impose any condition that is prescribed.

27. The Act is amended by adding the following after section 58:

Release — Minister

58.1 The Minister may, on request of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if, in the Minister’s opinion, exceptional circumstances exist that warrant the release. The Minister may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that he or she considers necessary.

28. Paragraph 61(a) of the Act is replaced by the following:

(a) grounds for and criteria with respect to the release of persons from detention;

(a.1) the type of conditions that an officer, the Immigration Division or the Minister may impose with respect to the release of a person from detention;

(a.2) the type of conditions that the Immigration Division must impose with respect to the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question;

2008, c. 28, s. 118

29. Subsection 87.3(1) of the Act is replaced by the following:

Application

87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada and to requests under subsection 25(1) made by foreign nationals outside Canada.

30. Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:

User Fees Act

(2) The User Fees Act does not apply to a fee for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of related services.

31. (1) Paragraph 95(1)(c) of the Act is replaced by the following:

(2) Subsection 95(2) of the Act is replaced by the following:

Protected person

(2) A protected person is a person on whom refugee protection is conferred under subsection (1) and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3) or 109(3).

32. The Act is amended by adding the following after section 98:

Requirement to report

98.1 (1) A designated foreign national on whom refugee protection is conferred under paragraph 95(1)(b) or (c) must report to an officer in accordance with the regulations.

Obligation when reporting

(2) A designated foreign national who is required to report to an officer must answer truthfully all questions put to him or her and must provide any information and documents that the officer requests.

Regulations

98.2 The regulations may provide for any matter relating to the application of section 98.1 and may include provisions respecting the requirement to report to an officer.

33. Section 99 of the Act is amended by adding the following after subsection (3):

Claim made inside Canada — not at port of entry

(3.1) A person who makes a claim for refugee protection inside Canada other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accord-ance with those rules.

34. Paragraphs 101(2)(a) and (b) of the Act are replaced by the following:

(a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(b) in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

35. (1) The portion of subsection 103(1) of the Act before paragraph (a) is replaced by the following:

Suspension

103. (1) Proceedings of the Refugee Protection Division in respect of a claim for refugee protection are suspended on notice by an officer that

(2) Subsection 103(2) of the English version of the Act is replaced by the following:

Continuation

(2) On notice by an officer that the suspended claim was determined to be eligible, proceedings of the Refugee Protection Division must continue.

2010, c. 8, s. 13(1)

36. (1) Subsections 110(1) and (2) of the Act are replaced by the following:

Appeal

110. (1) Subject to subsections (1.1) and (2), a person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection.

Notice of appeal

(1.1) The Minister may satisfy any requirement respecting the manner in which an appeal is filed and perfected by submitting a notice of appeal and any supporting documents.

Restriction on appeals

(2) No appeal may be made in respect of any of the following:

(a) a decision of the Refugee Protection Division allowing or rejecting the claim for refugee protection of a designated foreign national;

(b) a determination that a refugee protection claim has been withdrawn or abandoned;

(c) a decision of the Refugee Protection Division rejecting a claim for refugee protection that states that the claim has no credible basis or is manifestly unfounded;

(d) subject to the regulations, a decision of the Refugee Protection Division in respect of a claim for refugee protection if

(i) the foreign national who makes the claim came directly or indirectly to Canada from a country that is, on the day on which their claim is made, designated by regulations made under subsection 102(1) and that is a party to an agreement referred to in paragraph 102(2)(d), and

(ii) the claim — by virtue of regulations made under paragraph 102(1)(c) — is not ineligible under paragraph 101(1)(e) to be referred to the Refugee Protection Division;

(e) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister for a determination that refugee protection has ceased;

(f) a decision of the Refugee Protection Division allowing or rejecting an application by the Minister to vacate a decision to allow a claim for refugee protection.

2010, c. 8, s. 13(2)

(2) Subsection 110(3) of the Act is replaced by the following:

Procedure

(3) Subject to subsections (3.1), (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

2010, c. 8, s. 14

37. Subsection 111(1.1) of the Act is repealed.

38. (1) Paragraphs 112(2)(c) and (d) of the Act are replaced by the following:

(c) less than 12 months have passed since their last application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister.

(2) Paragraph 112(3)(b) of the Act is replaced by the following:

(b) is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years;

39. (1) The portion of paragraph 113(d) of the Act before subparagraph (i) is replaced by the following:

(d) in the case of an applicant described in subsection 112(3) — other than one described in subparagraph (e)(i) or (ii) — consideration shall be on the basis of the factors set out in section 97 and

(2) Section 113 of the Act is amended by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) in the case of the following applicants, consideration shall be on the basis of sections 96 to 98 and subparagraph (d)(i) or (ii), as the case may be:

(i) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and

(ii) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, unless they are found to be a person referred to in section F of Article 1 of the Refugee Convention.

40. The Act is amended by adding the following after section 113:

Regulations

113.1 The regulations may include provisions respecting the time limits for the making of a decision by the Refugee Protection Division with respect to an application for protection, the extension of those time limits and the circumstances in which they do not apply.

41. (1) Subsection 117(1) of the Act is replaced by the following:

Organizing entry into Canada

117. (1) No person shall organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of this Act.

(2) The portion of subsection 117(2) of the French version of the Act before paragraph (a) is replaced by the following:

Peines

(2) Quiconque contrevient au paragraphe (1) relativement à moins de dix personnes commet une infraction et est passible, sur déclaration de culpabilité :

(3) Subsection 117(3) of the French version of the Act is replaced by the following:

Peines

(3) Quiconque contrevient au paragraphe (1) relativement à un groupe de dix personnes et plus commet une infraction et est passible, sur déclaration de culpabilité par mise en accusation, d’une amende maximale de un million de dollars et de l’emprisonnement à perpétuité, ou de l’une de ces peines.

(4) Section 117 of the Act is amended by adding the following after subsection (3):

Minimum penalty — fewer than 50 persons

(3.1) A person who is convicted on indictment of an offence under subsection (2) or (3) with respect to fewer than 50 persons is also liable to a minimum punishment of imprisonment for a term of

(a) three years, if either

(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or

(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or

(b) five years, if both

(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and

(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

Minimum penalty — 50 persons or more

(3.2) A person who is convicted of an offence under subsection (3) with respect to a group of 50 persons or more is also liable to a minimum punishment of imprisonment for a term of

(a) five years, if either

(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or

(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or

(b) 10 years, if both

(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and

(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

42. (1) The portion of subsection 121(1) of the Act before paragraph (b) is replaced by the following:

Aggravating factors

121. (1) The court, in determining the penalty to be imposed under section 120, shall take into account whether

(a) bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence;

(2) Paragraph 121(1)(d) of the French version of the Act is replaced by the following:

d) par suite de la perpétration de l’infraction, une personne a été soumise à un traitement dégradant ou attentatoire à la dignité humaine, notamment en ce qui touche les activités professionnelles, la santé ou l’exploitation sexuelle.

(3) Subsection 121(2) of the Act is repealed.

43. The Act is amended by adding the following after section 121:

Definition of “criminal organization”

121.1 (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), “criminal organization” means a criminal organization as defined in subsection 467.1(1) of the Criminal Code.

Definition of “terrorist group”

(2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), “terrorist group” means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.

44. (1) The portion of subsection 123(2) of the French version of the Act before paragraph (a) is replaced by the following:

Circonstances aggravantes

(2) Le tribunal tient compte dans l’infliction de la peine des circonstances suivantes :

(2) Paragraph 123(2)(a) of the Act is replaced by the following:

(a) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 121.1(1); and

2001, c. 32, par. 81(3)(b)

45. Section 131 of the French version of the Act is replaced by the following:

Aide

131. Commet une infraction quiconque, sciemment, incite, aide ou encourage ou tente d’inciter, d’aider ou d’encourager une personne à commettre toute infraction visée aux articles 117, 118, 119, 122, 124 ou 129 ou lui conseille de la commettre ou complote à cette fin ou est un complice après le fait; l’auteur est passible, sur déclaration de culpabilité, de la peine prévue à la disposition en cause.

2011, c. 8, s. 3

46. Section 133.1 of the Act is replaced by the following:

Limitation period for summary conviction offences

133.1 (1) A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose.

Application

(2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.

2005, c. 38, s. 119(1)

47. (1) Paragraph 150.1(1)(b) of the Act is replaced by the following:

(b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 or 5.1 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act;

(2) Subsection 150.1(1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related person-al information that is provided to it under this Act for the enforcement of any law of Canada or a province.

48. Section 153 of the Act is amended by adding the following after subsection (1):

Public Service Employment Act

(1.1) A member of the Refugee Protection Division may be appointed in accordance with the Public Service Employment Act rather than under paragraph (1)(a).

49. Section 161 of the Act is amended by adding the following after subsection (1):

Distinctions

(1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere.

2008, c. 3, s. 5(2)(E)

50. (1) Paragraph 166(c) of the Act is replaced by the following:

(c) subject to paragraph (d), proceedings before the Refugee Protection Division and the Refugee Appeal Division must be held in the absence of the public;

(c.1) subject to paragraph (d), proceedings before the Immigration Division must be held in the absence of the public if they concern a person who is the subject of a proceeding before the Refugee Protection Division or the Refugee Appeal Division that is pending or who has made an application for protection to the Minister that is pending;

(2) Paragraph 166(d) of the French version of the Act is replaced by the following:

d) sur demande ou d’office, la publicité des débats peut être accordée, assortie de toute mesure jugée nécessaire pour en assurer la confidentialité, sur preuve, après examen de toutes les solutions de rechange à la disposition de la section et des facteurs visés à l’alinéa b), qu’il est indiqué de le faire;

(3) Paragraph 166(e) of the Act is replaced by the following:

(e) despite paragraphs (b) to (c.1), a representative or agent of the United Nations High Commissioner for Refugees is entitled to observe proceedings concerning a protected person or a person who has made a claim for refugee protection or an application for protection; and

51. The Act is amended by adding the following before the heading before section 171:

No reopening of claim or application

170.2 The Refugee Protection Division does not have jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — a claim for refugee protection, an application for protection or an application for cessation or vacation, in respect of which the Refugee Appeal Division or the Federal Court, as the case may be, has made a final deter-mination.

2010, c. 8, s. 28(1)

52. Paragraph 171(a.4) of the Act is replaced by the following:

(a.4) the Minister may, at any time before the Division makes a decision, after giving notice to the Division and to the person who is the subject of the appeal, intervene in the appeal;

(a.5) the Minister may, at any time before the Division makes a decision, submit documentary evidence and make written submissions in support of the Minister’s appeal or intervention in the appeal;

53. The Act is amended by adding the following after section 171:

No reopening of appeal

171.1 The Refugee Appeal Division does not have jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — an appeal in respect of which the Federal Court has made a final determination.

54. The Act is amended by adding the following after section 201:

Subsection 15(1) of Balanced Refugee Reform Act

201.1 The regulations may provide for measures regarding the transition — in respect of an application for protection — between this Act, as it read immediately before the day on which subsection 15(1) of the Balanced Refugee Reform Act comes into force, and this Act, as it read on the day on which that subsection comes into force.

2010, c. 8, s. 31

55. Section 275 of the Act is replaced by the following:

Order in council

275. Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council.

2010, c. 8

BALANCED REFUGEE REFORM ACT

56. Subsection 11(2) of the Balanced Ref-ugee Reform Act is amended by replacing the subsections 100(4) and (4.1) that it enacts with the following:

Documents and information to be provided

(4) A person who makes a claim for refugee protection inside Canada at a port of entry and whose claim is referred to the Refugee Protection Division must provide the Division, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accord-ance with those rules.

Date of hearing

(4.1) The referring officer must, in accord-ance with the regulations, the rules of the Board and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division.

57. Section 11.1 of the Act is amended by replacing the section 107.1 that it enacts with the following:

Manifestly unfounded

107.1 If the Refugee Protection Division rejects a claim for refugee protection, it must state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent.

58. Section 12 of the Act is amended by replacing the section 109.1 that it enacts with the following:

Designation of countries of origin

109.1 (1) The Minister may, by order, designate a country, for the purposes of subsection 110(2) and section 111.1.

Limitation

(2) The Minister may only make a designation

(a) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is equal to or greater than the number provided for by order of the Minister,

(i) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division during the period provided for in the order, are rejected or determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order, or

(ii) if the rate, expressed as a percentage, that is obtained by dividing the total number of claims made by nationals of the country in question that, in a final determination by the Division, during the period provided for in the order, are determined to be withdrawn or abandoned by the total number of claims made by nationals of the country in question in respect of which the Division has, during the same period, made a final determination is equal to or greater than the percentage provided for in the order; or

(b) in the case where the number of claims for refugee protection made in Canada by nationals of the country in question in respect of which the Refugee Protection Division has made a final determination is less than the number provided for by order of the Minister, if the Minister is of the opinion that in the country in question

(i) there is an independent judicial system,

(ii) basic democratic rights and freedoms are recognized and mechanisms for redress are available if those rights or freedoms are infringed, and

(iii) civil society organizations exist.

Order of Minister

(3) The Minister may, by order, provide for the number, period or percentages referred to in subsection (2).

Statutory Instruments Act

(4) An order made under subsection (1) or (3) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

59. Section 14.1 of the Act is amended by replacing the section 111.1 that it enacts with the following:

Regulations

111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting

(a) time limits for the provision of documents and information under subsection 99(3.1) or 100(4);

(b) time limits for the hearing referred to in subsection 100(4.1);

(d) time limits for the filing and perfecting of an appeal under subsection 110(2.1); and

(e) time limits for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances in which they do not apply.

Clarification — regulations made under paragraph (1)(b)

(2) With respect to claimants who are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1), regulations made under paragraph (1)(b) may provide for time limits that are different from the time limits for other claimants.

60. (1) Subsection 15(1) of the Act is amended by replacing the portion of subsection 112(1.2) before paragraph (a) that it enacts with the following:

Suspension of application

(1.2) Despite subsection 105(1), proceedings of the Refugee Protection Division in respect of an application are suspended on notice by an officer that

(2) Subsection 15(3) of the Act is amended by replacing the paragraph 112(2)(b.1) that it enacts with the following:

(b.1) subject to subsection (2.1), less than 12 months have passed since their claim for refugee protection was last rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division;

(3) Subsection 15(4) of the Act is amended by replacing the portion of subsection 112(2.1) before paragraph (a) that it enacts with the following:

Exemption

(2.1) The Minister may exempt from the application of paragraph (2)(b.1) or (c)

61. Section 20 of the Act is amended by replacing the paragraphs 161(1)(a) and (a.1) that it enacts with the following:

(a) the referral of a claim for refugee protection to the Refugee Protection Division;

(a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);

62. Section 21 of the Act is repealed.

63. Section 23 of the Act is amended by replacing the subsection 167(1) that it enacts with the following:

Right to counsel

167. (1) A person who is the subject of proceedings before any Division of the Board and the Minister may, at their own expense, be represented by legal or other counsel.

64. Section 24 of the Act is repealed.

65. Subsection 25(3) of the Act is amended by replacing the French version of the subsection 169(2) that it enacts with the following:

Règlements

(2) Les règlements régissent les modalités de communication de la notification des décisions de la Section de la protection des réfugiés portant sur les demandes de protection ainsi que de ses motifs écrits.

66. Sections 33 and 34 of the Act are replaced by the following:

Refugee protection claim referred

33. (1) Except its subsections 100(4) and (4.1), the Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection that is referred to the Refugee Protection Division before the day on which this section comes into force if, before that day, there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard.

Personal Information Form

(2) If a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules as they read immediately before the day on which this section comes into force, has not been submitted in respect of a claim that is referred to the Refugee Protection Division before that day and the time limit for submitting that Form has not expired, the claimant must submit that Form in accordance with those Rules, as they read on that day.

Hearing date

(3) If, before the day on which this section comes into force, no date has been fixed for the hearing before the Refugee Protection Division in respect of a claim that is referred to that Division before that day, an official of the Immigration and Refugee Board must fix the date on which the claimant is to attend the hearing.

Member who is assigned

34. A member who is assigned to the Refugee Protection Division under paragraph 159(1)(b) of the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 19(1) of this Act comes into force, may, if authorized by the Chairperson, remain assigned to that Division. However, the member may hear and make decisions only in respect of claims for refugee protection referred to that Division before that day.

67. Subsection 35(2) of the Act is replaced by the following:

Single member unable to continue

(2) If the single member is unable to continue to hear the claim, the claim must be referred to another member of the Refugee Protection Division, and that member must commence a new hearing in accordance with the Immigration and Refugee Protection Act, as amended by this Act.

68. Sections 36 to 37.1 of the Act are replaced by the following:

No appeal

36. (1) A decision made by the Refugee Protection Division in respect of a claim for refugee protection that was referred to that Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.

No 12-month waiting period

(2) A person in respect of whose claim the Refugee Protection Division has made a decision before the day on which this section comes into force is not required to wait for the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), before making an application under subsection 112(1) or (1.1) of that Act, as enacted by subsection 15(1).

Decision set aside in judicial review

37. If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and is to be considered in accordance with that Act, as amended by this Act. However, the member’s decision is not subject to appeal to the Refugee Appeal Division.

Application for protection

37.1 Subject to regulations made under subsection 201.1 of the Immigration and Refugee Protection Act, an application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with that Act, as amended by this Act.

69. Section 42 of the Act is replaced by the following:

Order in council

42. The provisions of this Act, except sections 3 to 6, 9, 13, 14, 28, 31, 32, 39 and 40, come into force on a day or days to be fixed by order of the Governor in Council.

Explanatory Notes

Immigration and Refugee Protection Act

Clause 2: New.

Clause 3: Existing text of subsection 6(3):

(3) Notwithstanding subsection (2), the Minister may not delegate the power conferred by subsection 77(1) or the ability to make determinations under subsection 34(2) or 35(2) or paragraph 37(2)(a).

Clause 4: Existing text of the headings:

PART 1

IMMIGRATION TO CANADA

Division 1

Requirements Before Entering Canada and Selection

Requirements Before Entering Canada

Clause 5: New.

Clause 6: New.

Clause 7: Existing text of subsections 13(1) to (3):

13. (1) A Canadian citizen or permanent resident may, subject to the regulations, sponsor a foreign national who is a member of the family class.

(2) A group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province, and an unincorporated organization or association under federal or provincial law, or any combination of them may, subject to the regulations, sponsor a Convention refugee or a person in similar circumstances.

(3) An undertaking relating to sponsorship is binding on the person who gives it.

Clause 8: New.

Clause 9: (1) Relevant portion of subsection 14(2):

(2) The regulations may prescribe, and govern any matter relating to, classes of permanent residents or foreign nationals, including the classes referred to in section 12, and may include provisions respecting

...

(e) sponsorships, undertakings, and penalties for failure to comply with undertakings;

(2) New.

Clause 10: New.

Clause 11: (1) Existing text of subsection 21(2):

(2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34 or 35, subsection 36(1) or section 37 or 38.

(2) New.

Clause 12: New.

Clause 13: (1) to (4) Existing text of subsections 25(1) to (1.3):

25. (1) The Minister must, on request of a foreign national in Canada who is inadmissible or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

(1.1) The Minister is seized of a request referred to in subsection (1) only if the applicable fees in respect of that request have been paid.

(1.2) The Minister may not examine the request if the foreign national has already made such a request and the request is pending.

(1.3) In examining the request of a foreign national in Canada, the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) but must consider elements related to the hardships that affect the foreign national.

Clause 14: (1) Existing text of subsection 25.2(1):

25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by public policy considerations.

(2) New.

Clause 15: Relevant portion of section 26:

26. The regulations may provide for any matter relating to the application of sections 18 to 25.2, and may include provisions respecting

Clause 16: New.

Clause 17: Relevant portion of subsection 40(1):

40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

...

(c) on a final determination to vacate a decision to allow the claim for refugee protection by the permanent resident or the foreign national; or

Clause 18: New.

Clause 19: (1) and (2) Relevant portion of subsection 46(1):

46. (1) A person loses permanent resident status

...

(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination under subsection 114(3) to vacate a decision to allow their application for protection.

Clause 20: Existing text of subsection 48(2):

(2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and it must be enforced as soon as is reasonably practicable.

Clause 21: Relevant portion of subsection 49(2):

(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force on the latest of the following dates:

...

(c) 15 days after notification that the claim is rejected by the Refugee Protection Division, if no appeal is made, or by the Refugee Appeal Division, if an appeal is made;

Clause 22: Relevant portion of section 53:

53. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting

...

(e) the effect and enforcement of removal orders;

Clause 23: (1) Existing text of subsection 55(1):

(2) Relevant portion of subsection 55(3):

(3) A permanent resident or a foreign national may, on entry into Canada, be detained if an officer

...

(b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security or for violating human or international rights.

(3) New.

Clause 24: New.

Clause 25: New.

Clause 26: (1) Relevant portion of subsection 58(1):

58. (1) The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that

...

(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security or for violating human or international rights; or

(d) the Minister is of the opinion that the identity of the foreign national has not been, but may be, established and they have not reasonably cooperated with the Minister by providing relevant information for the purpose of establishing their identity or the Minister is making reasonable efforts to establish their identity.

(2) New.

Clause 27: New.

Clause 28: Relevant portion of section 61:

61. The regulations may provide for the application of this Division, and may include provisions respecting

(a) grounds for and conditions and criteria with respect to the release of persons from detention;

Clause 29: Existing text of subsection 87.3(1):

87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), sponsorship applications made by persons referred to in subsection 13(1), applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada and to requests under subsection 25(1) made by foreign nationals outside Canada.

Clause 30: New.

Clause 31: (1) Relevant portion of subsection 95(1):

95. (1) Refugee protection is conferred on a person when

...

(2) Existing text of subsection 95(2):

(2) A protected person is a person on whom refugee protection is conferred under subsection (1), and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4).

Clause 32: New.

Clause 33: New.

Clause 34: Relevant portion of subsection 101(2):

(2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless

(b) in the case of inadmissibility by reason of a conviction outside Canada, the Minister is of the opinion that the person is a danger to the public in Canada and the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years.

Clause 35: (1) Relevant portion of subsection 103(1):

103. (1) Proceedings of the Refugee Protection Division and of the Refugee Appeal Division are suspended on notice by an officer that

(2) Existing text of subsection 103(2):

(2) On notice by an officer that the suspended claim was determined to be eligible, proceedings of the Refugee Protection Division and of the Refugee Appeal Division shall continue.

Clause 36: (1) Existing text of subsections 110(1) and (2):

110. (1) A person or the Minister may appeal, in accordance with the rules of the Board, on a question of law, of fact or of mixed law and fact, to the Refugee Appeal Division against a decision of the Refugee Protection Division to allow or reject the person’s claim for refugee protection, or a decision of the Refugee Protection Division rejecting an application by the Minister for a determination that refugee protection has ceased or an application by the Minister to vacate a decision to allow a claim for refugee protection.

(2) A determination that a refugee protection claim has been withdrawn or abandoned may not be appealed.

(2) Existing text of subsection 110(3):

(3) Subject to subsections (3.1), (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and written submissions from a representative or agent of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

Clause 37: Existing text of subsection 111(1.1):

(1.1) For greater certainty, if the Refugee Appeal Division does not set it aside, the Refugee Protection Division’s determination under section 107.1 is confirmed.

Clause 38: (1) Relevant portion of subsection 112(2):

(2) Despite subsection (1), a person may not apply for protection if

...

(c) in the case of a person who has not left Canada since the application for protection was rejected, the prescribed period has not expired; or

(d) in the case of a person who has left Canada since the removal order came into force, less than six months have passed since they left Canada after their claim to refugee protection was determined to be ineligible, abandoned, withdrawn or rejected, or their application for protection was rejected.

(2) Relevant portion of subsection 112(3):

(3) Refugee protection may not result from an application for protection if the person

...

(b) is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punished by a term of imprisonment of at least two years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years;

Clause 39: (1) and (2) Relevant portion of section 113:

113. Consideration of an application for protection shall be as follows:

...

(d) in the case of an applicant described in subsection 112(3), consideration shall be on the basis of the factors set out in section 97 and

Clause 40: New.

Clause 41: (1) Existing text of subsection 117(1):

117. (1) No person shall knowingly 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.

(2) Relevant portion of subsection 117(2):

(2) A person who contravenes subsection (1) with respect to fewer than 10 persons is guilty of an offence and liable

(3) Existing text of subsection 117(3):

(3) A person who contravenes subsection (1) with respect to a group of 10 persons or more is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.

(4) New.

Clause 42: (1) and (2) Relevant portion of subsection 121(1):

121. (1) The court, in determining the penalty to be imposed under subsection 117(2) or (3) or section 120, shall take into account whether

(a) bodily harm or death occurred during the commission of the offence;

...

(d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

(3) Existing text of subsection 121(2):

(2) For the purposes of paragraph (1)(b), “criminal organization” means an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence.

Clause 43: New.

Clause 44: (1) and (2) Relevant portion of subsection 123(2):

(2) The court, in determining the penalty to be imposed, shall take into account whether

(a) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 121(2); and

Clause 45: Existing text of section 131:

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 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.

Clause 46: Existing text of section 133.1:

133.1 (1) A proceeding by way of summary conviction in respect of an offence under section 117, 126, 127 or 131 may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose.

(2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.

Clause 47: (1) and (2) Relevant portion of subsection 150.1(1):

150.1 (1) The regulations may provide for any matter relating to

...

(b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act; and

Clause 48: New.

Clause 49: New.

Clause 50: (1) to (3) Relevant portion of section 166:

166. Proceedings before a Division are to be conducted as follows:

...

(c) subject to paragraph (d), proceedings before the Refugee Protection Division and the Immigration Division concerning a claimant of refugee protection, proceedings concerning cessation and vacation applications and proceedings before the Refugee Appeal Division must be held in the absence of the public;

(d) on application or on its own initiative, the Division may conduct a proceeding in public, or take any other measure that it considers necessary to ensure the appropriate access to the proceedings if, after having considered all available alternate measures and the factors set out in paragraph (b), the Division is satisfied that it is appropriate to do so;

(e) despite paragraphs (b) and (c), a representative or agent of the United Nations High Commissioner for Refugees is entitled to observe proceedings concerning a protected person or a person who has made a claim to refugee protection; and

Clause 51: New.

Clause 52: Relevant portion of section 171:

171. In the case of a proceeding of the Refugee Appeal Division,

...

(a.4) the Minister may, after giving notice in accordance with the rules, intervene in the appeal, including for the purpose of filing submissions;

Clause 53: New.

Clause 54: New.

Clause 55: Existing text of section 275:

275. Sections 73, 110, 111, 171, 194 and 195 come into force two years after the day on which the Balanced Refugee Reform Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.

Balanced Refugee Reform Act

Clause 56: Text of enacted subsections 100(4) and (4.1):

(4) A person whose claim is referred to the Refugee Protection Division must attend an interview with an official of the Board on a date fixed by the referring officer in accordance with the rules of the Board and must at the interview produce all documents and information required by those rules. The date fixed for the interview must not be earlier than 15 days after the day on which the claim is referred, unless the claimant consents to an earlier date.

(4.1) The official of the Board who conducts the interview must, in accordance with the regulations and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division.

Clause 57: Text of enacted section 107.1:

107.1 If the Refugee Protection Division rejects a claim for refugee protection, it may state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent.

Clause 58: Text of enacted section 109.1:

109.1 (1) The Minister may, by order, for the purposes of section 111.1, designate a country or part of a country or a class of nationals of a country.

(1.1) The Minister may make a designation only if

(a) the number of claims for refugee protection made in Canada by nationals of the country in question is equal to or greater than the number set out in the regulations; and

(b) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question is equal to or lower than the rate set out in the regulations.

(1.2) In making a designation, the Minister must take the following criteria into account:

(a) the human rights record of the country in question as it relates to

(i) the factors set out in sections 96 and 97, and

(ii) the international human rights instruments specified in the regulations and any other international instrument that the Minister considers relevant;

(b) the availability in the country in question of mechanisms for seeking protection and redress;

(d) the rate of acceptance by the Refugee Protection Division of claims made by nationals of the country in question and the rate of appeals allowed by the Refugee Appeal Division in respect of appeals made by nationals of the country in question; and

(e) any other criteria set out in the regulations.

(2) An order referred to in subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

Clause 59: Text of enacted section 111.1:

111.1 (1) The regulations may provide for any matter relating to the application of this Division, and may include provisions

(a) relating to the criteria referred to in subsection 109.1(1.2) and the process to be followed with respect to a designation made under subsection 109.1(1);

(b) establishing criteria for the purposes of paragraph 109.1(1.2)(e); and

(i) for the hearing referred to in subsection 100(4.1),

(ii) for the filing and perfecting of an appeal under subsection 110(2.1), and

(iii) for the making of a decision by the Refugee Appeal Division, the extension of those time limits and the circumstances under which they do not apply.

(2) Regulations made under subparagraph (1)(c)(i) may provide for time limits for any of the following claimants that are different from the time limits for other claimants:

(a) claimants who are nationals of a country that is, on the date of their interview referred to in subsection 100(4), a country designated under subsection 109.1(1);

(b) claimants who are nationals of a country of which a part is, on the date of their interview referred to in subsection 100(4), a part designated under subsection 109.1(1); or

(c) claimants who belong to a class of nationals of a country that is, on the date of their interview referred to in subsection 100(4), a class designated under subsection 109.1(1).

(3) Regulations made under subparagraph (1)(c)(ii) may provide for time limits for the filing and perfecting of appeals by any of the following claimants that are different from the time limits for other claimants:

(a) claimants whose claims are found by the Refugee Protection Division to be manifestly unfounded under section 107.1;

(b) claimants who are nationals of any country that is, on the day on which the decision being appealed is made, a country designated under subsection 109.1(1);

(c) claimants who are nationals of a country of which a part is, on the day on which the decision being appealed is made, a part designated under that subsection and who lived in that designated part before they left the country; or

(d) claimants who belong to a class of nationals of a country that is, on the day on which the decision being appealed is made, a class designated under that subsection.

(4) Regulations made under subparagraph (1)(c)(iii) may provide for time limits for making decisions in respect of appeals by claimants referred to in paragraphs (3)(a) to (d) that are different from the time limits for other claimants.

Clause 60: (1) Relevant enacted portion of subsection 112(1.2):

(1.2) Proceedings of the Refugee Protection Division in respect of an application are suspended on notice by an officer that

(2) Text of enacted paragraph 112(2)(b.1):

(b.1) subject to subsection (2.1), less than 12 months have passed since their claim for refugee protection was last rejected — unless it was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division;

(3) Relevant enacted portion of subsection 112(2.1):

(2.1) The Minister may exempt from the application of paragraph (2)(b.1)

Clause 61: Text of enacted paragraphs 161(1)(a) and (a.1):

(a) the referral of a claim for refugee protection to the Refugee Protection Division and the conduct of the interview referred to in subsection 100(4);

(a.1) the factors to be taken into account in fixing or changing the date of an interview referred to in subsection 100(4);

Clause 62: Text of section 21:

21. Section 163 of the Act is replaced by the following:

163. Matters before a Division must be conducted before a single member unless, with respect to a matter before the Refugee Appeal Division or the Immigration Appeal Division, the Chairperson is of the opinion that a panel of three members should be constituted.

Clause 63: Text of enacted subsection 167(1):

167. (1) A person who is the subject of proceedings before any Division of the Board, including the interview referred to in subsection 100(4), and the Minister may, at their own expense, be represented by legal or other counsel.

Clause 64: Text of section 24:

24. Subsection 168(1) of the Act is replaced by the following:

168. (1) A Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to attend the interview referred to in subsection 100(4), to appear for a hearing, to provide information required by the Division or to communicate with the Division on being requested to do so.

Clause 65: Text of enacted subsection 169(2):

(2) The regulations may govern the time within which and the manner in which notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must be provided.

Clause 66: Text of sections 33 and 34:

33. (1) The Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection made before the day on which this section comes into force if, before that day, the claimant has not submitted a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules, as they read immediately before that day, and the time limit for submitting that Form has not expired.

(2) The day of the interview that the claimant referred to in subsection (1) must attend under subsection 100(4) of the Immigration and Refugee Protection Act, as enacted by subsection 11(2), is to be fixed by an official of the Immigration and Refugee Board.

34. (1) The Immigration and Refugee Protection Act, as amended by this Act, except subsections 100(4) and (4.1), applies to every claim for refugee protection made before the day on which this section comes into force if, before that day,

(a) the claimant has submitted a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules, as they read immediately before that day; and

(b) there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard.

(2) The claimant referred to in subsection (1) must attend an interview with an official of the Immigration and Refugee Board, if required to do so, on the date fixed by the official in accordance with the Refugee Protection Division Rules and must produce any supplementary documents and information that the official considers necessary.

Clause 67: Text of subsection 35(2):

(2) If the single member is unable to continue to hear the claim, the claim must be referred to a member of the Refugee Protection Division referred to in section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and that member must commence a new hearing in accordance with that Act, as amended by this Act.

Clause 68: Text of sections 36 to 37.1:

36. (1) A decision made by the Refugee Protection Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.

(2) The person in respect of whom the decision was made is not required to wait for the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of the Immigration and Refugee Protection Act, as enacted by subsection 15(3), before making an application under subsection 112(1) or (1.1) of that Act.

37.1 An application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with the Immigration and Refugee Protection Act, as that Act read immediately before that day.

Clause 69: Text of section 42:

42. (1) Subject to subsection (2), the provisions of this Act, except sections 3 to 6, 9, 13, 14, 28, 31, 32, 39 and 40, come into force two years after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.

(2) Subsections 15(1), (2) and (5) and sections 16, 16.1, 27.1 and 37.1 come into force 12 months after the day on which subsection 15(3) comes into force, or on any earlier day that may be fixed by order of the Governor in Council.