Bill C-11

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	DIVISION 8
	JUDICIAL REVIEW
Application for judicial review	72. (1) Judicial review by the Federal Court with respect to any matter - a decision, determination or order made, a measure taken or a question raised - under this Act is commenced by making an application for leave to the Court.
Application	(2) The following provisions govern an application under subsection (1):
	(a) the application may not be made until any right of appeal that may be provided by this Act is exhausted;
	(b) notice of the application shall be served on the other party and the application shall be filed in the Registry of the Federal Court-Trial Division (``the Court'') within 15 days, in the case of a matter arising in Canada, or within 60 days, in the case of a matter arising outside Canada, after the day on which the applicant is notified of or otherwise becomes aware of the matter;
	(c) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice;
	(d) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and
	(e) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory judgment.
Right of Minister	73. The Minister may make an application for leave to commence an application for judicial review with respect to any decision of the Refugee Appeal Division, whether or not the Minister took part in the proceedings before the Refugee Protection Division or Refugee Appeal Division.
Judicial review	74. Judicial review is subject to the following provisions:
	(a) the judge who grants leave shall fix the day and place for the hearing of the application;
	(b) the hearing shall be no sooner than 30 days and no later than 90 days after leave was granted, unless the parties agree to an earlier day;
	(c) the judge shall dispose of the application without delay and in a summary way; and
	(d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
Rules	75. (1) Subject to the approval of the Governor in Council, the Chief Justice of the Federal Court may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply.
Inconsistencie s	(2) In the event of an inconsistency between this Division and any provision of the Federal Court Act, this Division prevails to the extent of the inconsistency.
	DIVISION 9
	PROTECTION OF INFORMATION
	Examination on Request by the Minister and the Solicitor General of Canada
Definitions	76. The definitions in this section apply in this Division.
``information' ' « renseigneme nts »	``information'' means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, from the government of a foreign state, from an international organization of states or from an institution of either of them.
``judge'' « juge »	``judge'' means the Chief Justice of the Federal Court-Trial Division or another judge of that Division designated by the Chief Justice.
Referral of certificate	77. (1) The Minister and the Solicitor General of Canada may sign a certificate stating that a foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality and refer it to the Federal Court-Trial Division, which shall make a determination under section 80.
Effect of referral	(2) When the certificate is referred, a proceeding under this Act respecting the person named in the certificate, other than an application under subsection 112(1), may not be commenced and, if commenced, must be adjourned, until the judge makes the determination.
Judicial consideration	78. The following provisions govern the determination:
	(a) the judge shall hear the matter;
	(b) the judge shall ensure the confidentiality of the information on which the certificate is based and of any other evidence that may be provided to the judge if, in the opinion of the judge, its disclosure would be injurious to national security or to the safety of any person;
	(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
	(d) the judge shall examine the information and any other evidence in private within seven days after the referral of the certificate for determination;
	(e) on the request of the Minister or the Solicitor General of Canada made at any time during the proceedings, the judge shall hear all or part of the information or evidence in the absence of the foreign national named in the certificate and their counsel if, in the opinion of the judge, its disclosure would be injurious to national security or to the safety of any person;
	(f) the information or evidence described in paragraph (e) shall be returned to the Minister and the Solicitor General of Canada and shall not be considered by the judge in deciding whether the certificate is reasonable if either the matter is withdrawn or if the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of the summary;
	(g) the information or evidence described in paragraph (e) shall not be included in the summary but may be considered by the judge in deciding whether the certificate is reasonable if the judge determines that the information or evidence is relevant but that its disclosure would be injurious to national security or to the safety of any person;
	(h) the judge shall provide the foreign national with a summary of the information or evidence that enables the foreign national to be reasonably informed of the circumstances giving rise to the certificate, but that does not include anything that in the opinion of the judge would be injurious to national security or to the safety of any person if disclosed;
	(i) the judge shall provide the foreign national with an opportunity to be heard regarding their inadmissibility; and
	(j) the judge may receive into evidence anything that, in the opinion of the judge, is appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.
Proceedings suspended	79. (1) On the request of the Minister, a judge shall suspend a proceeding with respect to a certificate in order for the Minister to decide an application for protection made under subsection 112(1).
Proceedings resumed	(2) If a proceeding is suspended under subsection (1) and the application for protection is decided, the Minister shall give notice of the decision to the foreign national and the judge, the judge shall resume the proceeding and the judge shall review the lawfulness of the decision of the Minister, taking into account the grounds referred to in subsection 18.1(4) of the Federal Court Act.
Determination that certificate is reasonable	80. (1) The judge may, on the basis of the information and evidence available, determine whether the certificate is reasonable and whether the decision on the application for protection, if any, is lawfully made.
Determination that certificate is not reasonable	(2) The judge shall quash a certificate if the judge is of the opinion that it is not reasonable. If the judge does not quash the certificate but determines that the decision on the application for protection is not lawfully made, the judge shall quash the decision and suspend the proceeding to allow the Minister to make a decision on the application for protection.
Determination not reviewable	(3) The determination of the judge is final and may not be appealed or judicially reviewed.
Effect of determination - removal order	81. If a certificate is determined to be reasonable under subsection 80(1),
	(a) it is conclusive proof that the foreign national named in it is inadmissible;
	(b) it is a removal order that may not be appealed against and that is in force without the necessity of holding or continuing an examination or an admissibility hearing; and
	(c) the foreign national named in it may not apply for protection under subsection 112(1).
	Detention
Detention of permanent resident	82. (1) The Minister and the Solicitor General of Canada may issue a warrant for the arrest and detention of a permanent resident who is named in a certificate described in subsection 77(1) if they have reasonable grounds to believe that the permanent resident is a danger to national security or to the safety of any person or is unlikely to appear at a proceeding or for removal.
Mandatory detention	(2) A foreign national, other than a permanent resident, who is named in a certificate described in subsection 77(1) shall be detained without the issue of a warrant.
Review of decision for detention	83. (1) Not later than 48 hours after the beginning of detention of a permanent resident under section 82, a judge shall commence a review of the reasons for the continued detention. Section 78 applies with respect to the review, with any modifications that the circumstances require.
Further reviews	(2) The permanent resident must, until a determination is made under subsection 80(1), be brought back before a judge at least once in the six-month period following each preceding review and at any other times that the judge may authorize.
Order for continuation	(3) A judge shall order the detention to be continued if satisfied that the permanent resident continues to be a danger to national security or to the safety of any person, or is unlikely to appear at a proceeding or for removal.
Release	84. (1) The Minister may, on application by a foreign national, order the foreign national's release from detention to permit their departure from Canada.
Judicial release	(2) A judge may, on application by a foreign national who has not been removed from Canada within 120 days after the Federal Court determines a certificate to be reasonable, order the foreign national's release from detention, under terms and conditions that the judge considers appropriate, if satisfied that the foreign national will not be removed from Canada within a reasonable time and that the release will not pose a danger to national security or to the safety of any person.
Inconsistency	85. In the case of an inconsistency between sections 82 to 84 and the provisions of Division 6, sections 82 to 84 prevail to the extent of the inconsistency.
	Consideration During an Admissibility Hearing or an Immigration Appeal
Application for non-disclosur e - Immigration Appeal Division	86. (1) The Minister may, during an admissibility hearing, a detention review or an appeal before the Immigration Appeal Division, make an application for non-disclosure of information.
Procedure	(2) Section 78 applies to the determination of the application, with any modifications that the circumstances require, including that a reference to ``judge'' be read as a reference to the applicable Division of the Board.
	Consideration During Judicial Review
Application for non-disclosur e - Court	87. (1) The Minister may, in the course of a judicial review, make an application to the judge for the non-disclosure of any information with respect to information protected under subsection 86(1) or information considered under section 11, 112 or 115.
Procedure	(2) Section 78, except for the provisions relating to the obligation to provide a summary and the time limit referred to in paragraph 78(d), applies to the determination of the application, with any modifications that the circumstances require.
	DIVISION 10
	GENERAL PROVISIONS
	Loans
Loans	88. (1) The Minister of Finance may, from time to time, advance to the Minister out of the Consolidated Revenue Fund, up to the maximum amount that is prescribed, sums that the Minister may require in order to make loans for the purposes of this Act.
Regulations	(2) The regulations may provide for any matter relating to the application of this section, and may include provisions respecting classes of persons to whom, and the purposes for which, the loans may be made.
	Fees
Regulations	89. The regulations may govern fees for services provided in the administration of this Act, and cases in which fees may be waived by the Minister or otherwise, individually or by class.
	Social Insurance Number Cards
Minister directs special cards to be issued	90. The Minister may direct the Canada Employment Insurance Commission to issue to persons, other than Canadian citizens or permanent residents, Social Insurance Number Cards, by which the holders of such cards are identified as persons who may be required under this Act to obtain authorization to work in Canada.
	Representation
Regulations	91. The regulations may govern who may or may not represent, advise or consult with a person who is the subject of a proceeding or application before the Minister, an officer or the Board.
	Material Incorporated in Regulations
Incorporated material	92. (1) A regulation may incorporate by reference the following material:
	(a) material produced by a person or body other than the Governor in Council;
	(b) material referred to in paragraph (a) that has been subsequently adapted or edited in order to facilitate its incorporation for the purposes of the regulation;
	(c) material that has been developed jointly with another government or government agency for the purpose of harmonizing the regulation with other laws; and
	(d) material that is technical or explanatory in nature, such as specifications, classifications, illustrations or graphs, as well as examples that may assist in the application of the regulation.
Amended from time to time	(2) Material may be incorporated by reference on a specified date or as amended from time to time.
Incorporated material is not a regulation	(3) For greater certainty, material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.
Statutory Instruments Act	93. No instruction that the Minister may give is a regulation within the meaning of the Statutory Instruments Act.
	Report to Parliament
Annual report to Parliament	94. (1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year.
Contents of report	(2) The report shall include a description of
	(a) the activities and initiatives taken concerning the selection of foreign nationals, including measures taken in cooperation with the provinces;
	(b) in respect of Canada, the number of foreign nationals who became permanent residents, and the number projected to become permanent residents in the following year;
	(c) in respect of each province that has entered into a federal-provincial agreement described in subsection 9(1), the number, for each class listed in the agreement, of persons that became permanent residents and that the province projects will become permanent residents there in the following year;

Bill C-11

DIVISION 8

JUDICIAL REVIEW

DIVISION 9

PROTECTION OF INFORMATION

DIVISION 10

GENERAL PROVISIONS