Bill C-321

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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-321
	An Act to amend the Immigration Act (improvement of enforcement in the case of those who commit offences)
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:
Short title	1. This Act may be cited as the Immigration Enforcement Improvement Act.
Definition	*2. (1) The definition ``conditional deportation order'' in subsection 2(1) of the Immigration Act* is replaced by the following**:
``conditional deportation order'' « mesure d'expulsion condition- nelle »	``conditional deportation order'' means a conditional deportation order made under subsection 32.1(2), (3) or (4), 73(2) or 74(1) or (3), or deemed pursuant to subsection 32.03(2) to have been made, that has not be come effective under subsection 32.1(6);
	(2) The definition ``deportation order'' in subsection 2(1) of the Act is amended by adding the following after paragraph (c):
	(c.1) a deportation order deemed pursuant to subsection 32.03(2) to have been made,
	3. (1) Subsection 27(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (g), by adding the word ``or'' at the end of paragraph (h) and by adding the following after paragraph (h):
	(i) is a person in Canada aged less than nineteen years who is a member of the family of, and dependent for support on, a person against whom a deportation order or conditional deportation order has been deemed pursuant to subsection 32.03(2) to have been made.
	(2) Subsection 27(2) of the Act is amended by striking out the word ``or'' at the end of paragraph (k), by adding the word ``or'' at the end of paragraph (l) and by adding the following after paragraph (l):
	(m) is a person who is a member of the family of, and dependent for support on, a person against whom a deportation order or conditional deportation order has been deemed pursuant to subsection 32.03(2) to have been made.
	4. The Act is amended by adding the following after subsection 27(2.01):
Cases where no report required	(2.02) Notwithstanding subsection (1) or (2), an immigration officer or a peace officer is not required to forward a written report to the Deputy Minister where the officer is in possession of information that a person is
	(a) in the case of a person deemed under paragraph 32.03(1)(a) to have been deter mined by an adjudicator to be a person described in paragraph 27(1)(d), a person who is described in paragraph 27(1)(d) and is not described in any other paragraph of subsection 27(1);
	(b) in the case of a person deemed under paragraph 32.03(2)(b) to have been deter mined by an adjudicator to be a person described in paragraph 27(2)(a) as a person who is a member of the inadmissible class described in paragraph 19(1)(c), the person who is a member of the inadmisssible class described in paragraph 19(1)(c) and is not described in any other paragraph of subsec tion 27(2); and
	(c) in the case of a person deemed under paragraph 32.03(1)(c) to have been deter mined by an adjudicator to be a person described in paragraph 27(2)(d), a person who is a member of the inadmissible class described in paragraph 27(2)(d) and is not described in any other paragraph of subsec tion 27(2).
	5. The Act is amended by adding the following after section 32.02:
Status of certain convicted persons	32.03 (1) A person, other than a Canadian citizen, who has been convicted of an offence in Canada under any Act of Parliament, other than an offence designated as a contravention under the Contravention Act, shall be deemed to have been determined by an adjudicator to be a person described in
	(a) paragraph 27(1)(d), in the case of a permanent resident whose conviction is an offence punishable by a maximum term of imprisonment of ten years or more, and for which a term of imprisonment of more than twelve months has been imposed;
	(b) paragraph 27(2)(a) as a person who is a member of the inadmissible class described in paragraph 19(1)(c), in the case of a person, other than a permanent resident, whose conviction is an offence punishable by a maximum term of imprisonment of ten years or more, and who is
	(i) a person who has been determined under this Act or the regulations to be a Convention refugee whose conviction is of an offence for which a term of imprisonment of more than twelve months has been imposed, or
	(ii) a person, other than a person who has been determined under this Act or the regulations to be a Convention refugee; and
	(c) paragraph 27(2)(d), in the case of a person, other than a permanent resident, who is a person, other than a person who has been determined under this Act or the regulations to be a Convention refugee, and whose conviction is of
	(i) an offence under the Criminal Code,
	(ii) an indictable offence under any Act of Parliament other than the Criminal Code or this Act, or
	(iii) an offence for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction under any Act of Parliament other than the Criminal Code or this Act.
Deemed deportation order	(2) A person referred to in paragraph (1)(a), (b) or (c) shall be deemed to have had made against him by an adjudicator
	(a) in the case where the person meets the definition of ``claimant'' within the mean ing of subsection 32.1(1), a conditional deportation order; and
	(b) in any other case, a deportation order.
Conviction set aside	32.04 (1) Where a conviction of an offence under any Act of Parliament is set aside by a court of competent jurisdiction, any deportation order previously made or deemed to have been made under this Act as a result of that conviction shall be deemed never to have been made.
No liability	(2) Notwithstanding subsection (1), no liability arises from acts performed in reliance on a deportation order or conditional deportation order subsequently deemed never to have been made pursuant to subsection (1).
	6. The Act is amended by adding the following after subsection 55(1):
Exception	(1.1) Notwithstanding subsection (1), the written consent of the Minister is not required in the case of a person against whom a deportation order is made as a consequence solely of a determination by an adjudicator that the person is described in paragraph 27(1)(i) or (2)(m).
	7. The Act is amended by adding the following after subsection 70(6):
No appeal	(7) Notwithstanding anything in this section, no appeal lies to the Appeal Division in respect of a person against whom a deportation order or conditional deportation order has been deemed pursuant to subsection 32.03(2) to have been made.
	8. The Act is amended by adding the following after subsection 77(3.01):
No appeal	(3.02) No appeal lies to the Appeal Division in respect of a person against whom a deportation order or conditional deportation order has been deemed pursuant to subsection 32.03(2) to have been made.

Bill C-321

BILL C-321