Bill C-11
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Further
reviews
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(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.
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Order for
continuation
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(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.
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Release
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84. (1) The Minister may, on application by
a permanent resident or a foreign national,
order their release from detention to permit
their departure from Canada.
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Judicial
release
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(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.
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Inconsistency
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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.
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Consideration During an Admissibility
Hearing or an Immigration Appeal
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Application
for
non-disclosur
e -
Immigration
Appeal
Division
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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.
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Procedure
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(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.
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Consideration During Judicial Review
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Application
for
non-disclosur
e - Court
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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.
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Procedure
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(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.
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DIVISION 10 |
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GENERAL PROVISIONS |
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Loans
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Loans
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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.
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Regulations
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(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.
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Fees
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Regulations
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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.
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Social Insurance Number Cards
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Minister
directs special
cards to be
issued
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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.
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Representation
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Regulations
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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.
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Material Incorporated in Regulations
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Incorporated
material
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92. (1) A regulation may incorporate by
reference the following material:
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Amended
from time to
time
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(2) Material may be incorporated by
reference on a specified date or as amended
from time to time.
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Incorporated
material is not
a regulation
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(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.
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Statutory
Instruments
Act
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93. Instructions given by the Minister under
this Act and guidelines issued by the
Chairperson under paragraph 159(1)(h) are
not statutory instruments for the purposes of
the Statutory Instruments Act.
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Report to Parliament
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Annual report
to Parliament
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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.
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Contents of
report
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(2) The report shall include a description of
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PART 2 |
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REFUGEE PROTECTION |
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DIVISION 1 |
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REFUGEE PROTECTION, CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION |
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Conferral of
refugee
protection
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95. (1) Refugee protection is conferred on
a person when
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Protected
person
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(2) A protected person is a person on whom
refugee protection is conferred under
subsection (1), and whose claim or application
has not subsequently been deemed to be
rejected under subsection 108(3), 109(3) or
114(4).
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Convention
refugee
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96. A Convention refugee is a person who,
by reason of a well-founded fear of
persecution for reasons of race, religion,
nationality, membership in a particular social
group or political opinion,
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Person in
need of
protection
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97. (1) A person in need of protection is a
person in Canada whose removal to their
country or countries of nationality or, if they
do not have a country of nationality, their
country of former habitual residence, would
subject them personally
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Person in
need of
protection
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(2) A person in Canada who is a member of
a class of persons prescribed by the
regulations as being in need of protection is
also a person in need of protection.
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Exclusion -
Refugee
Convention
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98. A person referred to in section E or F of
Article 1 of the Refugee Convention is not a
Convention refugee or a person in need of
protection.
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DIVISION 2 |
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CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION |
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Claim for Refugee Protection
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Claim
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99. (1) A claim for refugee protection may
be made in or outside Canada.
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Claim outside
Canada
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(2) A claim for refugee protection made by
a person outside Canada must be made by
making an application for a visa as a
Convention refugee or a person in similar
circumstances, and is governed by Part 1.
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Claim inside
Canada
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(3) A claim for refugee protection made by
a person inside Canada must be made to an
officer, may not be made by a person who is
subject to a removal order, and is governed by
this Part.
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Permanent
resident
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(4) An application to become a permanent
resident made by a protected person is
governed by Part 1.
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Examination of Eligibility to Refer Claim
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Referral to
Refugee
Protection
Division
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100. (1) An officer shall, within three
working days after receipt of a claim referred
to in subsection 99(3), determine whether the
claim is eligible to be referred to the Refugee
Protection Division and, if it is eligible, shall
refer the claim in accordance with the rules of
the Board.
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Decision
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(2) The officer shall suspend consideration
of the eligibility of the person's claim if
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Considera- tion of claim
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(3) The Refugee Protection Division may
not consider a claim until it is referred by the
officer. If the claim is not referred within the
three-day period referred to in subsection (1),
it is deemed to be referred, unless there is a
suspension or it is determined to be ineligible.
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Duty of
claimant
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(4) The burden of proving that a claim is
eligible to be referred to the Refugee
Protection Division rests on the claimant, who
must answer truthfully all questions put to
them. If the claim is referred, the claimant
must produce all documents and information
as required by the rules of the Board.
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Ineligibility
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101. (1) A claim is ineligible to be referred
to the Refugee Protection Division if
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Serious
criminality
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(2) A claim is not ineligible by reason of
serious criminality under paragraph (1)(f)
unless
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Regulations
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102. (1) The regulations may govern
matters relating to the application of sections
100 and 101, may, for the purposes of this Act,
define the terms used in those sections and, for
the purpose of sharing responsibility with
governments of foreign states for the
consideration of refugee claims, may include
provisions
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Factors
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(2) The following factors are to be
considered in designating a country under
paragraph (1)(a):
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