Bill C-31
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Rules of
application
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(4) The following rules apply for the
purposes of this section:
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Organized
crime
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33. (1) A foreign national is inadmissible on
grounds of organized criminality for
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Rules of
application
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(2) For the purposes of this Act, the
following rules apply with respect to a
determination of inadmissibility under this
section:
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Health
grounds
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34. A foreign national, other than a
permanent resident, is inadmissible on health
grounds if their health condition
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Financial
reasons
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35. A foreign national, other than a
permanent resident, is inadmissible for
financial reasons if the foreign national is or
will be unable or unwilling to support himself
or herself or any other person who is
dependent on them, and has not satisfied a
designated officer that adequate arrangements
for care and support, other than those that
involve social assistance, have been made.
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Misrepresen- tation
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36. (1) A foreign national is inadmissible
for misrepresentation
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Application
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(2) The foreign national continues to be
inadmissible for a period of two years
following a final determination of
inadmissibility under subsection (1).
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Non-complian
ce with Act
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37. (1) A foreign national is inadmissible
for failing to comply with this Act if the
foreign national, through an act or omission,
contravenes, directly or indirectly, a provision
of this Act. However, a permanent resident is
only inadmissible for failing to comply with
subsection 24(2).
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Dependants
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(2) A foreign national, other than a
permanent resident, is inadmissible if their
accompanying dependant or, in prescribed
circumstances, their non-accompanying
dependant is inadmissible or if the foreign
national is an accompanying dependant of an
inadmissible person.
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Regulations
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38. Regulations may be made to provide for
any matter relating to the application of this
Division and to define any of the terms used in
it. The regulations may include provisions
respecting the circumstances in which a class
of foreign nationals is exempted from any of
the provisions of this Division.
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DIVISION 5 |
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LOSS OF STATUS AND REMOVAL |
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Report on Inadmissibility
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Preparation of
report
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39. (1) A designated officer who believes
that a foreign national who is in Canada is
inadmissible may prepare a report setting out
the relevant facts. The designated officer shall
transmit the report to the Minister.
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Removal
order or
referral
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(2) If the Minister considers the report to be
well-founded, the Minister may refer the
report to the Immigration Division for an
admissibility hearing or make a removal order
against the foreign national, if such an order is
authorized by the regulations.
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Admissibility Hearing by the Immigration
Division
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Decision
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40. The Immigration Division, at the
conclusion of an admissibility hearing, shall
make one of the following decisions. It shall
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End of Status
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End of
permanent
resident status
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41. A person ceases to be a permanent
resident when they become a Canadian
citizen.
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Loss of
permanent
resident status
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42. (1) A person loses permanent resident
status
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Loss of
temporary
resident status
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(2) A foreign national loses temporary
resident status
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When and How Removal Orders are
Enforced
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When order
may be
enforced
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43. (1) Subject to subsection (2), a removal
order is enforceable if there is no right to
appeal the order. If there is a right to appeal,
the order is enforceable on the expiry of any
appeal period if no appeal is taken or, if the
order is upheld on appeal, after the final
decision on the appeal.
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Enforcement
of removal
order
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(2) A removal order made with respect to a
refugee protection claimant is conditional and
becomes enforceable
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Enforcement
of order
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44. (1) Subject to subsection (2), a removal
order must be enforced as soon as is
reasonably practicable.
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Judicial stay
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(2) A removal order is stayed if, in a judicial
proceeding at which the Minister shall be
given the opportunity to make submissions, a
decision is made that is inconsistent with the
enforcement of the order.
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Minister may
grant stay
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(3) The Minister may, subject to the
regulations, temporarily stay the enforcement
of removal orders that would result in the
return of foreign nationals to countries that the
Minister may designate.
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Removal
order void
where grant of
permanent
residence
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45. A removal order that has not been
enforced against a foreign national becomes
void if and when the foreign national is
granted permanent resident status.
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Effect of the
Criminal
Records Act
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46. (1) A removal order that was made
against a permanent resident only on the
ground of criminality and that has not been
enforced expires if and when a pardon is
granted under the Criminal Records Act, and
in that case their permanent resident status is
restored.
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Exception
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(2) Permanent resident status is not restored
to a foreign national referred to in subsection
(1) who left Canada after the removal order
was made.
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Effect of a Removal Order
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Effect
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47. A person against whom a removal order
is enforceable shall not remain in Canada
temporarily or permanently and, without the
prescribed authorization, shall not return to
Canada.
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Return to
Canada
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48. A foreign national who was removed
from or who left Canada as a result of a
removal order that could not be appealed and
who, in a subsequent judicial review, had the
removal order set aside, is entitled to return to
Canada at the expense of the Minister.
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Regulations
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Regulations
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49. Regulations may be made to provide for
any matter relating to the application of this
Division, and may include provisions
respecting
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DIVISION 6 |
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DETENTION AND RELEASE |
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Port of
entry -
detention
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50. A foreign national, on entry into
Canada, may be detained if a designated
officer
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Warrant for
arrest
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51. (1) A designated officer may issue a
warrant for the arrest and detention of a
foreign national whom the officer has
reasonable grounds to believe is inadmissible
and
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Arrest without
warrant
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(2) A designated officer may, without a
warrant, arrest and detain a foreign national
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Exception
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(3) A foreign national who is a permanent
resident or on whom refugee protection has
been conferred under this Act is not subject to
arrest under paragraph (2)(b).
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Release from
detention
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52. (1) A designated officer may order the
release from detention of a foreign national
before the first detention review by the
Immigration Division if the officer is of the
opinion that the reasons for the detention no
longer exist.
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Timing of
review
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(2) Within 48 hours after a foreign national
is taken into detention, or without delay
afterward, the foreign national must be
brought before the Immigration Division for a
review of the reasons for the continued
detention.
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Further
reviews
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(3) The foreign national shall be again
brought before the Immigration Division at
least once during the seven days following the
review under subsection (2), and at least once
during each 30-day period following each
previous review, for a review of the reasons for
the continued detention.
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Grounds for
release
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53. (1) The Immigration Division shall
order the release of a foreign national if it is
satisfied that reasons for the detention no
longer exist or if, taking into account
prescribed factors, release is justified.
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Security
grounds
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(2) The Immigration Division may order
the continuation of the detention of a foreign
national who is suspected of being
inadmissible on grounds of security or for
violating human rights if it is satisfied that
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Establishing
identity
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(3) Except if there are other reasons to
justify continued detention, the Immigration
Division shall order the release of a foreign
national who was detained for failure to
provide identification if it is established that
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