Bill C-314

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First Reading

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-314
	An Act to amend the Immigration Act (persons without identification not to be allowed into Canada as immigrants or refugees or under a Minister's permit)
R.S., c. I-2; R.S., c. 31 (1st Supp.), cc. 10, 46 (2nd Supp.), c. 30 (3rd Supp.), cc. 1, 28, 29, 30 (4th Supp.); 1990, cc. 8, 16, 17, 38, 44; 1992, cc. 1, 47, 49, 51; 1993, c. 28; 1994, cc. 26, 31; 1995, cc. 5, 15; 1996, cc. 8, 11, 16, 19; 1997, c. 22	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Subsection 4(2.1) of the Immigration Act* is replaced by the following:**
Case of refugees	(2.1) Subject to any other Act of Parliament, a person who is determined under this Act or the regulations to be a Convention refugee has, while lawfully in Canada, a right to remain in Canada except where it is established that the person is a person described in paragraph 19(1)(c.1), (c.2), (d), (e), (f), (g), (g.1) , (j), (k) or (l) or a person who has been convicted of an offence under any Act of Parliament for which a term of imprisonment of
	(a) more than six months has been imposed; or
	(b) five years or more may be imposed.
	2. The Act is amended by adding the following after section 12:
Identification	12.1 An immigration officer shall not allow a person to come into Canada or be granted admission if the person does not produce to the immigration officer documents or other records that are sufficient to identify the person.
	3. Subsection 19(1) of the Act is amended by adding the following after paragraph (g):
	(g.1) persons who do not produce sufficient identification to satisfy an immigration officer that they do not fall into any of the categories described in this subsection or subsection (2);
	4. Subsection 37(2) of the Act is amended by adding the following after paragraph (a):
	(a.1) a person who has not produced sufficient identification to satisfy the Minister that the person does not fall into any of the categories described in paragraph (a), (b) or (c) or who, if the person were a permanent resident, could be removed from Canada under section 27 or under this subsection or subsection (2); or
	5. The Act is amended by adding the following after section 44:
Identification	44.1. No person shall be determined to be a Convention refugee unless the person produces sufficient identification to enable it to be established that the person is not a person described in paragraph 4(2.1) or a person who could be denied refugee status under any other provision of this Act.