Bill C-31

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First Reading

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	Peace Officers
Duties of peace officers to execute orders	136. Every peace officer and every person in immediate charge or control of an immigrant station shall, when so directed by a designated officer, execute any warrant or written order issued under this Act for the arrest, detention or removal from Canada of any foreign national.
Authority to execute warrants and orders	137. A warrant issued or an order to detain made under this Act is, notwithstanding any other law, sufficient authority to the person to whom it is addressed or who may receive and execute it to arrest and detain the person with respect to whom the warrant or order was issued or made.
	Ticketable Offences
Prosecution of designated offences	138. (1) In addition to the procedures set out in this Act and in the Criminal Code for commencing a proceeding, proceedings in respect of any offence that is prescribed by regulation may be commenced in accordance with this section.
Procedure	(2) A designated officer may commence a proceeding by
	(a) completing a ticket that consists of a summons portion and an information portion;
	(b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused's latest known address; and
	(c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.
Content of ticket	(3) The summons and information portions of a ticket must
	(a) set out a description of the offence and the time and place of its alleged commission;
	(b) include a statement, signed by the designated officer, that there are reasonable grounds to believe that the accused committed the offence;
	(c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it must be paid;
	(d) include a statement that, if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and
	(e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.
Consequences of payment	(4) Payment of the fine by the accused within the period set out in the ticket constitutes a plea of guilty to the offence described in the ticket and, following the payment,
	(a) a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and
	(b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.
Regulations	(5) Regulations may be made to provide for any matter relating to the application of this section, and may include provisions prescribing
	(a) the offences referred to in subsection (1) and the manner in which those offences may be described in tickets; and
	(b) the amount of the fine, not exceeding $1,000, for a prescribed offence.
	Debt Due to Her Majesty
Debt due to Her Majesty	139. (1) The following amounts are debts due to Her Majesty in right of Canada payable on demand:
	(a) a debt incurred by Her Majesty for which any person is liable under this Act;
	(b) an amount that a person has paid or has agreed to pay as a deposit or guarantee of performance of an obligation under this Act;
	(c) an amount that a sponsor is required to reimburse under the terms of an undertaking;
	(d) an amount that is ordered to be paid under section 141 on account of an unpaid liability; and
	(e) any amount due to her Majesty under the regulations respecting transportation companies.
Recovery of debt	(2) A debt may be recovered at any time.
	Collection of Debts Due to Her Majesty
Certificates	140. (1) An amount or part of an amount payable under this Act that has not been paid may be certified by the Minister
	(a) without delay, if the Minister is of the opinion that the person liable for that amount is attempting to avoid payment; and
	(b) in any other case, on the expiration of 30 days after the default.
Judgments	(2) The certificate is to be filed and registered in the Federal Court and, when registered, has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate plus interest to the day of payment.
Costs	(3) The costs of registering the certificate are recoverable in the same manner as if they had been included in the certificate.
Garnishment	141. (1) If the Minister believes that a person is or is about to become liable to make a payment to a person liable to make a payment under this Act, the Minister may, by written notice, order the first person to pay to the Receiver General, on account of the second person's liability, all or part of the money otherwise payable to the second person.
Applicability to future payments	(2) If the Minister, under subsection (1), orders an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,
	(a) the order is applicable to all future payments of remuneration until the liability is satisfied; and
	(b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Minister stipulates in the notice.
Discharge of liability	(3) The receipt of the Minister is a good and sufficient discharge of the original liability to the extent of the payment.
Regulations	(4) Regulations may be made to provide for any matter relating to the application of this section.
	Transportation Companies
Travel documents	142. (1) Subject to the regulations, no transportation company shall bring persons to Canada who are not in possession of the visas, passports and travel documents required under this Act.
Duty to present passengers for examination	(2) A transportation company, on arrival in Canada, shall, in accordance with the regulations, present each passenger for examination by a designated officer. It shall not allow any passenger to leave the means of transportation except at a place specified by the officer or until permission has been granted by the officer.
General liability for removal	143. A transportation company that brings a person to Canada may be required by the Minister to convey that person to the country from which that person came to Canada or to another country approved by the Minister or, if the Minister does not give that approval, to a prescribed country.
Failure to comply with obligations	144. A designated officer may detain or seize a means of transportation of a transportation company that has failed to comply with an obligation under this Act until the obligation is met.
Provision of prescribed passenger information	145. A transportation company that operates an aircraft carrying passengers travelling to Canada
	(a) may provide a designated officer with prescribed passenger information about those passengers; and
	(b) must notify any passenger of information respecting them that was provided to the officer.
Use of prescribed passenger information	146. (1) A designated officer may use prescribed passenger information to identify passengers who are inadmissible to Canada or for whom a warrant of arrest has been issued by a competent Canadian authority.
Protection of prescribed passenger information	(2) A designated officer who has control of prescribed passenger information must not
	(a) allow the unauthorized use of the information; or
	(b) use the information other than in the administration or enforcement of this Act.
Regulations	147. Regulations may be made to provide for any matter relating to the purposes of sections 87 to 146. The regulations may include provisions defining terms used in those sections and provisions respecting
	(a) the rights and obligations of transportation companies;
	(b) the powers of the Minister to require a transportation company to provide facilities, including buildings and equipment, for the use of the Minister for the purposes of this Act;
	(c) fees or costs that transportation companies, or classes of transportation companies, may be required to pay, and the criteria for calculating those fees or charges;
	(d) security that a transportation company may be required to provide for the recovery of those fees or costs;
	(e) procedures to be followed when means of transportation are seized; and
	(f) the passenger information held by a carrier that may be disclosed to a designated officer and the manner in which the information is to be provided to the designated officer.
	PART 4
	IMMIGRATION AND REFUGEE BOARD
	Composition of Board
Immigration and Refugee Board	148. The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.
Composition	149. The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.
Chairperson and other members	150. (1) The Chairperson and members of the Refugee Protection Division, Refugee Appeal Division and Immigration Appeal Division
	(a) are appointed by the Governor in Council to hold office during good behaviour for a term not exceeding seven years but may be removed by the Governor in Council at any time for cause;
	(b) shall swear the oath or solemn affirmation of office set out in the rules of the Board;
	(c) are eligible for reappointment in the same or another capacity;
	(d) shall receive the remuneration that may be fixed by the Governor in Council;
	(e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in the case of a part-time member, while absent from their ordinary place of residence;
	(f) are deemed to be employed in the public service of Canada for the purposes of the Public Service Superannuation Act, the Government Employees Compensation Act and any regulations made under to section 9 of the Aeronautics Act;
	(g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions; and
	(h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.
Deputy Chairperson and Assistant Deputy Chairpersons	(2) One Deputy Chairperson for each Division referred to in subsection (1) and not more than 10 Assistant Deputy Chairpersons are to be designated by the Governor in Council from among the full-time members of those Divisions.
Full-time and part-time appointments	(3) The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of the Divisions referred to in subsection (1) are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.
Qualification	(4) The Deputy Chairperson and a majority of the Assistant Deputy Chairpersons of the Immigration Appeal Division and at least 10 per cent of the members of the Divisions referred to in subsection (1) must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.
Disposition after member ceases to hold office	151. A former member of the Board, within eight weeks after ceasing to be a member, may make or take part in a decision on a matter that they heard as a member, if the Chairperson so requests. For that purpose, the former member is deemed to be a member.
Disposition where member unable to take part	152. If a member of a three-member panel is unable to take part in the disposition of a matter that the member has heard, the remaining members may make the disposition and, for that purpose, are deemed to constitute the applicable Division.
Immunity and no summons	153. The following rules apply to the Chairperson and the members in respect of the exercise or purported exercise of their functions under this Act:
	(a) no criminal or civil proceedings lie against them for anything done or omitted to be done in good faith; and
	(b) they are not competent or compellable to appear as a witness in any civil proceedings under this Act.