Bill C-11
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Debt Due to Her Majesty |
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Debts due
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145. (1) The following amounts are debts
due to Her Majesty in right of Canada payable
on demand:
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Debts due -
sponsors
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(2) Subject to any federal-provincial
agreement, an amount that a sponsor is
required to pay under the terms of an
undertaking is payable on demand to Her
Majesty in right of Canada and Her Majesty in
right of the province concerned and may be
recovered by Her Majesty in either or both of
those rights.
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Recovery of
debt
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(3) A debt may be recovered at any time.
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Collection of Debts Due to Her Majesty |
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Certificates
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146. (1) An amount or part of an amount
payable under this Act that has not been paid
may be certified by the Minister
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Judgments
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(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.
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Costs
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(3) The costs of registering the certificate
are recoverable in the same manner as if they
had been included in the certificate.
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Garnishment
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147. (1) If the Minister is of the opinion 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.
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Applicability
to future
payments
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(2) If the Minister, under subsection (1),
orders an employer to pay to the Receiver
General money otherwise payable to an
employee as remuneration,
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Discharge of
liability
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(3) The receipt of the Minister is a good and
sufficient discharge of the original liability to
the extent of the payment.
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Regulations
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(4) The regulations may provide for any
matter relating to the application of this
section.
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Transportation Companies |
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Obligation of
operators of
vehicles and
facilities
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148. (1) A person who owns or operates a
vehicle or a transportation facility, and an
agent for such a person, must, in accordance
with the regulations,
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Seizure of
security for
compliance
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(2) If a person who owns or operates a
vehicle or a transportation facility, or an agent
of such a person, fails to comply with an
obligation under this Act, all or part of any
security provided by the person and any
vehicle or other prescribed good owned or
operated by the person may be detained,
seized or forfeited to Her Majesty in right of
Canada.
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Use of
information
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149. The following provisions govern
information provided under paragraph
148(1)(d):
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Regulations
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150. The regulations may provide for any
matter relating to the purposes of sections 148
and 149, may define, for the purposes of this
Act, terms used in those sections and may
include provisions respecting
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PART 4 |
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IMMIGRATION AND REFUGEE BOARD |
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Composition of Board |
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Immigration
and Refugee
Board
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151. The Immigration and Refugee Board
consists of the Refugee Protection Division,
the Refugee Appeal Division, the
Immigration Division and the Immigration
Appeal Division.
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Composition
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152. The Board is composed of a
Chairperson and other members as are
required to ensure the proper functioning of
the Board.
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Chairperson
and other
members
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153. (1) The Chairperson and members of
the Refugee Protection Division, Refugee
Appeal Division and Immigration Appeal
Division
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Deputy
Chairperson
and Assistant
Deputy
Chairpersons
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(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.
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Full-time and
part-time
appointments
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(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.
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Qualification
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(4) The Deputy Chairperson of the
Immigration Appeal Division and a majority
of the Assistant Deputy Chairpersons of that
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.
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Disposition
after member
ceases to hold
office
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154. 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.
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Disposition if
member
unable to take
part
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155. 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.
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Immunity and
no summons
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156. The following rules apply to the
Chairperson and the members in respect of the
exercise or purported exercise of their
functions under this Act:
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Head Office and Staff |
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Head office
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157. (1) The head office of the Board shall
be in the National Capital Region as described
in the schedule to the National Capital Act.
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Residence -
Chairperson
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(2) The Chairperson must live in the
National Capital Region or within reasonable
commuting distance of it.
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Personnel
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158. The Executive Director and other
personnel necessary for the proper conduct of
the business of the Board shall be appointed in
accordance with the Public Service
Employment Act, and the personnel are
deemed to be employed in the Public Service
for the purposes of the Public Service
Superannuation Act.
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Duties of Chairperson |
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Chairperson
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159. (1) The Chairperson is, by virtue of
holding that office, a member of each Division
of the Board and is the chief executive officer
of the Board. In that capacity, the Chairperson
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Delegation
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(2) The Chairperson may delegate any of
his or her powers under this Act to a member
of the Board, other than a member of the
Immigration Division, except that
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Absence,
incapacity or
vacancy
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160. In the event of the absence or
incapacity of the Chairperson, or if the office
of Chairperson is vacant, the Minister may
authorize one of the Deputy Chairpersons or
any other member of the Board to act as
Chairperson.
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