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Bill C-31

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Offences Related to Documents

Documents

115. (1) No person shall, in order to contravene this Act,

    (a) possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person's identity;

    (b) use such a document, including for the purpose of entering or remaining in Canada; or

    (c) import, export or deal in such a document.

Proof of offence

(2) Proof of the facts referred to in subsection (1) in relation to a forged document or a document that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act.

Penalty

116. (1) Every person who contravenes

    (a) paragraph 115(1)(a) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to five years; and

    (b) paragraph 115(1)(b) or (c) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to 14 years.

Aggravating factors

(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 114(2); and

    (b) the commission of the offence was for profit, whether or not any profit was realized.

General Offences

Contraven-
tion of Act

117. (1) Every person commits an offence who

    (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a term or condition imposed on that person under this Act;

    (b) escapes or attempts to escape from lawful custody or detention under this Act; or

    (c) employs a person, other than a Canadian citizen or permanent resident, who is not authorized under this Act to be employed.

Deemed knowledge

(2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.

Due diligence defence

(3) A transportation company shall not be found guilty of an offence under paragraph (1)(a) if it is established that it exercised all due diligence to prevent its commission.

Penalties

118. A person who commits an offence under subsection 117(1) is liable

    (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or

    (b) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term of not more than six months, or to both.

Counselling misrepresentat ion

119. Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to make a material misrepresentation or withhold information on a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.

Misrepresen-
tation

120. No person shall knowingly

    (a) make a material misrepresentation or withhold information on a relevant matter that induces or could induce an error in the administration of this Act;

    (b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or

    (c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.

Penalties

121. A person who contravenes a provision of section 119 or 120 is guilty of an offence and liable

    (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or

    (b) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term of not more than two years, or to both.

Offences - designated officers

122. (1) Every person is guilty of an offence who

    (a) being a designated officer, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter relating to their duties under this Act or knowingly fails to perform their duties under this Act;

    (b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, a designated officer to induce the officer not to perform their duties under this Act;

    (c) falsely personates a designated officer or by any act or omission leads any person to believe that the person is a designated officer; or

    (d) obstructs or impedes a designated officer in the performance of the officer's duties under this Act.

Punishment

(2) Every person who is guilty of an offence under subsection (1) is liable

    (a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years or to both; or

    (b) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months or to both.

Proceeds of Crime

Possession of property obtained by certain offences

123. (1) No person shall possess any property or any proceeds of any property knowing that all or any part of the property or of those proceeds was obtained or derived directly or indirectly as a result of the commission of an offence under subsection (2) or section 110, 111, 112, 115, 117, 119, 120 or 124.

Laundering proceeds of certain offences

(2) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived directly or indirectly as a result of the commission of an offence under subsection (1) or section 110, 111, 112, 115, 117, 119, 120 or 124.

Exception

(3) It is not an offence for a designated officer or a peace officer or a person acting under their direction to do any of the things referred to in subsections (1) and (2) for the purposes of an investigation or otherwise in the execution of their duties.

Punishment

(4) Every person who contravenes subsection (1) or (2) commits an offence and is liable

    (a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than 10 years, or to both; or

    (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both.

Counselling offence

124. Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 110, 111, 112, 115, 117, 122 or 123, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.

Part XII.2 of the Criminal Code applicable

125. Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings for an offence contrary to sections 110, 111, 112, 115, 117, 119, 120, 122, 123 or 124.

Prosecution of Offences

Deferral

126. A foreign national who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 115, paragraph 117(1)(a) or section 120 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.

Defence - incorporation by reference

127. No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention,

    (a) the material was reasonably accessible to the person;

    (b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

    (c) the material had been published in the Canada Gazette.

Offences outside Canada

128. An act or omission that would by reason of this Act be punishable as an offence if committed in Canada is, if committed outside Canada, an offence under this Act and may be tried and punished in Canada.

Venue

129. (1) A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged with the offence is or has an office or place of business at the time of the institution of those proceedings.

Where commission outside Canada

(2) A proceeding in respect of an offence under this Act that is committed outside Canada may be instituted, tried and determined at any place in Canada.

Forfeiture

Forfeiture

130. (1) A court that convicts a person of an offence under this Act may, in addition to any other punishment imposed, order that any offence-related property seized in relation to the offence be forfeited to Her Majesty in right of Canada.

Regulations

(2) Regulations may be made defining the expression ``offence-related property'' for the purposes of this section and providing for any matter relating to the application of this section, including provisions with respect to the return to their lawful owner, disposition, or disposition of the proceeds of disposition, of offence-related property that has been seized.

Officers Designated to Enforce Act

Powers of peace officer

131. (1) A designated officer, if so authorized, has the authority and powers of a peace officer - including those set out in sections 487 to 492.2 of the Criminal Code - to enforce this Act, including any of its provisions with respect to the arrest, detention or removal from Canada of any person.

Temporary assistants

(2) A designated officer may, in cases of emergency, employ a person to assist the officer in carrying out duties under this Act. That person has the authority and powers of the officer for a period of no more than 48 hours, unless approved by the Minister.

Identification

132. A designated officer may

    (a) require proof of identity from persons who seek to enter or remain in Canada, who seek refugee protection in Canada, who are arrested and detained for the purpose of their removal from Canada or who are the subject of a removal order; and

    (b) examine any visa, passport or other travel document, any document or thing that may serve to establish the identity of a person or any document or thing purporting to be any of those documents or things that is imported into or about to be imported into or exported from Canada.

Search

133. (1) A designated officer may search any person seeking to come into Canada and may search their luggage and personal effects and the means of transportation that conveyed the person to Canada if the officer believes on reasonable grounds that the person

    (a) has not revealed their identity or has hidden on or about their person documents that are relevant to their admissibility; or

    (b) has committed, or possesses documents that may be used in the commission of, an offence referred to in section 110, 111 or 115.

Search by person of same sex

(2) A search of a person under this section must be performed by a person of the same sex as the person being searched. If a designated officer of the same sex is not available, any suitable person of the same sex may be authorized by a designated officer to perform the search.

Seizure

134. (1) A designated officer may seize and hold any means of transportation, document or other thing if the officer believes on reasonable grounds that it was fraudulently or improperly obtained or used or that the seizure is necessary to prevent its fraudulent or improper use or to carry out the purposes of this Act.

Interpreta-
tion

(2) Despite subsection 42(2) of the Canada Post Corporation Act, a thing or document that is detained under the Customs Act and seized by a designated officer is not in the course of post for the purposes of the Canada Post Corporation Act.

Regulations

(3) Regulations may be made to provide for any matter relating to the application of this section and may include provisions with respect to the deposit of security as a guarantee to replace things that have been seized or that might otherwise be seized, and the return to their lawful owner, and the disposition, of things that have been seized.

Oaths and evidence

135. Every designated officer has the authority to administer oaths and to take and receive evidence under oath on any matter arising out of this Act.

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