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Bill C-31

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Remedial and Disciplinary Measures

Request

171. (1) The Chairperson may request the Minister to decide whether any member, except a member of the Immigration Division, should be subject to remedial or disciplinary measures for a reasons set out in subsection (2).

Reasons

(2) The request is to be based on an allegation that the member has become incapacitated from the proper execution of that office by reason of infirmity, has been guilty of misconduct, has failed in the proper execution of that office, or has been placed, by conduct or otherwise, in a position that is incompatible with due execution of that office.

Measures

172. On receipt of the request, the Minister may take one or more of the following measures:

    (a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;

    (b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;

    (c) request of the Governor in Council that an inquiry to be held under section 173; or

    (d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.

Appointment of inquirer

173. On receipt of a request referred to in paragraph 172(c), the Governor in Council may, on the recommendation of the Minister of Justice, appoint a judge of a superior court to conduct an inquiry.

Powers

174. The judge has all the powers, rights and privileges that are vested in a superior court, including the power

    (a) to issue a summons requiring any person to appear at the time and place mentioned in the summons to testify about all matters within that person's knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

    (b) to administer oaths and examine any person on oath.

Staff

175. The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

Public hearing

176. (1) An inquiry must be conducted in public. However, the judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternate measures, the judge is satisfied that there is

    (a) a real and substantial risk that matters involving public security will be disclosed;

    (b) a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

    (c) a serious possibility that the life, liberty or security of a person will be endangered.

Confidentialit y of application

(2) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (1).

Rules of evidence

177. (1) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.

Intervenors

(2) An interested party may, with leave of the judge, intervene in an inquiry on such terms and conditions as the judge considers appropriate.

Right to be heard

178. The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

Report to Minister

179. (1) After an inquiry has been completed, the judge must submit a report containing the judge's findings and recommendations, if any, to the Minister.

Recommendat ions

(2) The judge may, for any of the reasons set out in subsection 171(2), recommend in the report that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken.

Transmission of report to Governor in Council

180. (1) If the Minister receives a report of an inquiry in which the judge makes a recommendation, the Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.

Rights not affected

(2) Nothing in sections 171 to 179 affects any right or power of the Governor in Council in relation to the removal of a member from office for cause.

PART 5

TRANSITIONAL PROVISIONS, CONSEQUENTIAL, RELATED AND CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Transitional Provisions

Continuation

181. (1) The Immigration and Refugee Board continued by section 57 of the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, is hereby continued.

Executive Director of Immigration and Refugee Board

(2) The person who, on the coming into force of this section, held the office of Executive Director of the Board is deemed to have been appointed to that office under section 155, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that coming into force.

Powers

182. Sections 94.6, 102.001 to 102.003 and 107.1 of the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, are, despite section 268, deemed not to be repealed and the Minister may exercise any of the powers described in those sections with respect to any business or fund that was approved by the Minister before the coming into force of section 268.

Transitional provisions repealed

183. The transitional provisions with respect to the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, are repealed.

Definition of ``former Act''

184. For the purposes of sections 185 to 192, ``former Act'' means the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, and the regulations and rules made under it.

Application of this Act

185. Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.

Application of former Act by new Divisions

186. Every application, proceeding or matter before the Convention Refugee Determination Division or the Immigration Appeal Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division and the Immigration Appeal Division of the Board, respectively.

Continuation by Immigration Division

187. Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board.

Refugee Protection Division

188. In cases referred to in section 186, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 105.

Convention Refugee Determination Division

189. A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 105.

Appeals

190. Despite section 186, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made under section 59 of this Act.

Stays

191. Despite section 186, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of sections 59 and 64 of this Act.

Refugee Protection Division

192. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, and shall dispose of those matters in accordance with the provisions of this Act.

Redeterminati on of application for landing

193. Section 107 applies to a redetermination of a decision by the Convention Refugee Determination Division that was set aside with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.

No obligation to issue documentatio n

194. Subsection 27(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.

Regulations

195. Regulations may be made to provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of foreign nationals who will be subject in whole or in part to this Act or the former Act.

Consequential and Related Amendments

R.S., c. A-1

Access to Information Act

196. Paragraph 4(1)(b) of the Access to Information Act is replaced by the following:

    (b) a permanent resident as referred to in the Immigration and Refugee Protection Act ,

1997, c. 20

Agricultural Marketing Programs Act

197. The portion of the definition ``producer'' in subsection 2(1) of the Agricultural Marketing Programs Act after paragraph (d) is replaced by the following:

    For the purposes of Parts I and IV, ``producer'' includes a person or entity mentioned in any of paragraphs (a) to (d) that is entitled to a crop or a share in it as landlord, vendor, mortgagee or hypothecary creditor on a date specified for the purposes of this definition in an advance guarantee agreement. In this definition, ``permanent resident'' has the same meaning as in the Immigration and Refugee Protection Act .

R.S., c. 8 (4th Supp.)

Animal Pedigree Act

198. Subsection 7(2) of the Animal Pedigree Act is replaced by the following:

Qualifications of applicants

(2) A person is qualified to apply to form an association if the person is eighteen years of age or more and is a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act .

199. Subsection 40(2) of the Act is replaced by the following:

Eligibility

(2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident as referred to in the Immigration and Refugee Protection Act may be a director of the Corporation.

1991, c. 46

Bank Act

200. Paragraph (c) of the definition ``resident Canadian'' in section 2 of the Bank Act is replaced by the following:

      (c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

1998, c. 21

Budget Implementation Act, 1998

201. Paragraph 27(1)(a) of the Budget Implementation Act, 1998 is replaced by the following:

    (a) are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act ;

1995, c. 28

Business Development Bank of Canada Act

202. (1) Paragraph 6(6)(a) of the Business Development Bank of Canada Act is replaced by the following:

    (a) neither a Canadian citizen nor a permanent resident as referred to in the Immigration and Refugee Protection Act ;

(2) Paragraph 6(6)(c) of the Act is replaced by the following:

    (c) a permanent resident, as referred to in the Immigration and Refugee Protection Act , who has been ordinarily resident in Canada for more than one year after first becoming eligible to apply for Canadian citizenship;

R.S., c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

203. Paragraph (c) of the definition ``resident Canadian'' in subsection 2(1) of the Canada Business Corporations Act is replaced by the following:

      (c) a permanent resident as referred to in the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which he or she first became eligible to apply for Canadian citizenship;

1999, c. 17

Canada Customs and Revenue Agency Act

204. Paragraph 16(2)(a) of the Canada Customs and Revenue Agency Act is replaced by the following:

    (a) is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act ;

R.S., c. E-2

Canada Elections Act

1993, c. 19, s. 107

205. Paragraph 217.1(1)(a) of the Canada Elections Act is replaced by the following:

    (a) a person who is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act ;

R.S., c. L-2

Canada Labour Code

1998, c. 26, s. 2

206. Subsection 10(4) of the Canada Labour Code is replaced by the following:

Requirement for appointment

(4) The members of the Board must be Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act .

R.S., c. S-9

Canada Shipping Act

1998, c. 16, s. 1(4)

207. Paragraph (a) of the definition ``qualified person'' in section 2 of the Canada Shipping Act is replaced by the following:

      (a) a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act , or

R.S., c. 6 (3rd Supp.), s. 13

208. Subsection 125(2) of the Act is replaced by the following:

Citizenship of applicants

(2) A certificate shall not be granted under this Part to an applicant who is not a Canadian citizen or a permanent resident as referred to in the Immigration and Refugee Protection Act .

R.S., c. 6 (3rd Supp.), s. 84

209. Subparagraph 712(3)(b)(i) of the Act is replaced by the following:

      (i) are Canadian citizens or permanent residents as referred to in the Immigration and Refugee Protection Act , in the case of an individual, or

1994, c. 28

Canada Student Financial Assistance Act

210. Paragraph (a) of the definition ``qualifying student'' in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following:

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