Bill C-31

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First Reading

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	(a) the officer has referred the matter to the Immigration Division to determine whether the claimant is inadmissible on grounds of security, violating human rights, serious criminality or organized criminality; or
	(b) the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that may be punished by a maximum term of imprisonment of at least 10 years.
Notification of ineligibility of claim	(2) On notification by a designated officer that the suspended claim was determined
	(a) to be ineligible, the Refugee Protection Division shall terminate its consideration of the claim; or
	(b) to be eligible, the Division shall continue its consideration of the claim.
Termination	97. The Refugee Protection Division shall terminate its consideration of a claim on notification by a designated officer that the claim is ineligible on the basis of information that was not brought to the attention of the officer at the time of its referral to the Division.
Misrepresen- tation	98. The Refugee Protection Division shall terminate its consideration of a claim on notification by a designated officer that the claim was referred as a result of a direct or indirect material misrepresentation, or withholding of information, relating to a relevant matter and that the claim was not otherwise eligible to be referred to it. Any decision it made in respect of the claim is nullified.
Multiple claims	99. The Refugee Protection Division shall terminate its consideration of a claim on notification by a designated officer that it is not the first claim that was received by a designated officer. Any decision it may have made, other than a decision on the first claim, is nullified.
	Extradition Procedure
If authority to proceed under Extradition Act	100. (1) The Refugee Protection Division and Refugee Appeal Division shall not commence, or shall suspend, consideration of any matter concerning a foreign national against whom an authority to proceed has been issued under section 15 of the Extradition Act with respect to an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of at least 10 years, until the final decision under that Act with respect to the discharge or surrender of the foreign national has been made.
When person discharged under Extradition Act	(2) If the foreign national is finally discharged under the Extradition Act, the proceedings of the Division may be commenced or continued as though there had not been any proceedings under that Act.
When surrender ordered under Extradition Act	(3) If the foreign national is ordered surrendered by the Minister of Justice under the Extradition Act and the offence for which the person was committed by the judge under section 29 of that Act is punishable under an Act of Parliament by a maximum term of imprisonment of 10 years or more, the order of surrender is deemed to be a rejection of a claim for refugee protection based on paragraph (b) of Section F of Article 1 of the Refugee Convention.
No other appeal	(4) The deemed rejection referred to in subsection (3) may not be appealed, and is not subject to judicial review except to the extent that a judicial review of the order of surrender is provided for under the Extradition Act.
If no claim made before Extradition Act order	(5) If the foreign national has not made a claim before the order of surrender referred to in subsection (3), the foreign national may not do so before the surrender.
	Claimant Without Identification
Credibility	101. The Refugee Protection Division must take into account, with respect to the credibility of a claimant, the fact that the claimant does not possess documentation establishing identity, has not provided a reasonable explanation for the lack of documentation and has not taken reasonable steps to obtain the documentation.
	Decision on Claim for Refugee Protection
Decision	102. (1) The Refugee Protection Division shall make a determination of whether the claimant is a Convention refugee or person in need of protection.
No credible basis	(2) If the Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have determined that the claimant was a Convention refugee, that opinion must be stated in its reasons for the decision.
	Cessation of Refugee Protection
Rejection	103. (1) The Refugee Protection Division shall reject a claim for refugee protection in any of the following circumstances:
	(a) the foreign national has voluntarily reavailed himself or herself of the protection of their country of nationality;
	(b) the foreign national has voluntarily reacquired their nationality;
	(c) the foreign national has acquired a new nationality and enjoys the protection of the country of that new nationality;
	(d) the foreign national has voluntarily become re-established in the country that the foreign national left or remained outside of and in respect of which the foreign national claimed refugee protection in Canada; or
	(e) the reasons for which the foreign national sought refugee protection have ceased to exist.
Cessation of refugee protection	(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection conferred as a result of a determination by the Board or as a result of selection as a permanent resident under subsection 12(3) has ceased for any of the reasons described in subsection (1).
Exception	(3) Paragraph (1)(e) does not apply in the case of a foreign national who establishes that there are compelling reasons arising out of any previous persecution, treatment or punishment for refusing to avail himself or herself of the protection of the country that they left, or outside of which they remained, because of fear of those reasons.
	Vacation Applications
Vacation of refugee protection	104. (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a foreign national's claim for refugee protection, if it finds that the decision was obtained as a result of a direct or indirect material misrepresentation, or withholding of information, relating to a relevant matter.
Fraudulent claim	(2) The Refugee Protection Division may reject the application if it is satisfied that other sufficient evidence was considered at the time of the first determination to justify refugee protection.
Effect of decision	(3) If the application is allowed, the claim of the foreign national is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified.
	Appeal to Refugee Appeal Division
Appeal	105. (1) A foreign national 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 foreign national's claim for refugee protection.
Restriction on appeals	(2) A determination that a refugee claim has been withdrawn or abandoned may not be appealed.
Procedure	(3) Despite paragraph 161(1)(a), the Refugee Appeal Division shall proceed in the appeal without a hearing, may accept written submissions and shall base its decision on the record of the proceedings of the Refugee Protection Division.
Decision	106. (1) After considering the appeal, the Refugee Appeal Division shall make one of the following decisions. It shall
	(a) confirm the determination of the Refugee Protection Division;
	(b) set aside the determination and substitute a determination that, in its opinion, should have been made; or
	(c) refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate.
Referrals	(2) The Refugee Appeal Division shall make the referral described in paragraph (1)(c) if it is of the opinion that a hearing is required or if it has allowed an appeal by the Minister that was based on a question of the claimant's credibility.
	DIVISION 3
	PRE-REMOVAL RISK ASSESSMENT
	Protection
Application for protection	107. (1) A foreign national in Canada against whom a removal order is enforceable may apply to the Minister, in accordance with the regulations, for protection. However, a foreign national against whom an authority to proceed has been issued under section 15 of the Extradition Act, or whose claim has been determined to be ineligible under paragraph 95(1)(e), may not make the application.
Consideration of application	(2) The Minister shall consider an application made by a foreign national on the basis of sections 89 to 91.
Rules for application	(3) The following rules apply with respect to an application referred to in subsection (2):
	(a) if the foreign national made a claim for refugee protection that was determined to be ineligible for referral to the Refugee Protection Division, or was determined by the Board to be abandoned, withdrawn or rejected, the foreign national may not make the application until at least one year after leaving Canada following the determination; and
	(b) in the case of a foreign national whose claim for refugee protection was rejected, the only evidence that may be presented is new evidence that arose after, or that was not reasonably available at the time of, the rejection.
Exception - inadmissible foreign national	(4) If the foreign national is determined to be inadmissible on grounds of security, violating human rights, serious criminality or organized criminality, or if their claim was rejected on the basis of section F of Article 1 of the Refugee Convention, the Minister shall consider the application for protection, taking into account subsection (2) and
	(a) the danger that a foreign national who is inadmissible on grounds of serious criminality would constitute to the public in Canada; or
	(b) that it would be contrary to the national interest, because of the nature and severity of the acts committed or because of the danger it would constitute to the security of Canada, to allow the application of a foreign national who is inadmissible on grounds of security, violating human rights or organized criminality.
Relief granted	(5) If the Minister allows the foreign national's application, a foreign national described in subsection (4) receives a stay of an order for their removal to a country in respect of which he or she was determined to be in need of protection and any other foreign national receives refugee protection under this Act.
Re-examinati on	(6) If the Minister is of the opinion that the circumstances surrounding a stay of the enforcement of a removal order have changed, the Minister may re-examine, in accordance with subsection (4) and the regulations, the grounds on which the stay was ordered and may cancel the stay.
	Principle of Non-removal
Principle	108. (1) A foreign national on whom refugee protection has been conferred under this Act, or who is recognized as a Convention refugee by another country to which the foreign national may be returned, shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.
Exceptions	(2) Subsection (1) does not apply in the case of a foreign national
	(a) who is inadmissible on grounds of serious criminality and who constitutes, in the opinion of the Minister, a danger to the public in Canada; or
	(b) who is inadmissible on grounds of security, violating human rights or organized criminality if, in the opinion of the Minister, it would be contrary to the national interest for the foreign national to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.
Removal of refugee	(3) A foreign national, after a determination under paragraph 95(1)(e) that the foreign national's claim is ineligible, is to be sent to the country from which the foreign national came to Canada, but may be sent to another country if that country is designated under subsection 95(2) or the country from which the foreign national came to Canada has rejected their claim for refugee protection.
Regulations	109. Regulations may be made to provide for any matter relating to the application of sections 107 and 108, and may include provisions respecting procedures to be followed with respect to an application for protection.
	PART 3
	ENFORCEMENT
	Human Smuggling and Trafficking
Organizing entry into Canada	110. (1) No person shall knowingly organize the coming into Canada of one or more persons who are not in possession of a valid visa, passport or other document required by this Act.
Penalties - fewer than 10 persons	(2) A person who contravenes subsection (1) by organizing the coming into Canada of fewer than 10 persons is guilty of an offence and liable
	(a) on conviction on indictment
	(i) for a first offence, to a fine of not more than $500,000 or to a term of imprisonment of not more than 10 years, or to both, or
	(ii) for a subsequent offence, to a fine of not more than $1,000,000 or to a term of imprisonment of not more than 14 years, or to both; and
	(b) on summary conviction, to a fine of not more than $100,000 or to a term of imprisonment of not more than two years, or to both.
Penalty - 10 persons or more	(3) A person who contravenes subsection (1) by organizing the coming into Canada of a group of 10 persons or more is guilty of an offence and liable to a fine of not more than $1,000,000 or to life imprisonment, or to both.
No proceedings without consent	(4) No proceedings for an offence under this section may be instituted except by or with the consent of the Attorney General of Canada.
Offence - trafficking in persons	111. (1) No person shall knowingly organize the coming into Canada of one or more persons by means of threat, force, abduction, fraud, deception or coercion.
Meaning of ``organize''	(2) For the purpose of subsection (1), ``organize'', with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.
Disembarking persons at sea	112. A person in charge of a ship or a member of the crew shall not disembark a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act.
Penalties	113. A person who contravenes subsection 111 or 112 is guilty of an offence and liable on conviction by way of indictment to a maximum fine of $1,000,000 or to life imprisonment, or to both.
Aggravating factors	114. (1) The court, in determining the penalty to be imposed under subsection 110(2) or (3) or section 113, shall take into account whether
	(a) grievous bodily harm or death occurred during the commission of the offence;
	(b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;
	(c) the commission of the offence was for profit, whether or not any profit was realized; and
	(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 an offence.
Meaning of ``criminal organization''	(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 an offence one of those offences

Bill C-31

DIVISION 3

PRE-REMOVAL RISK ASSESSMENT

PART 3

ENFORCEMENT

Human Smuggling and Trafficking