Bill C-11
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Forfeiture |
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Forfeiture
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137. (1) A court that convicts a person of an
offence under this Act may, in addition to any
other punishment imposed, order that any
offence-related property seized in relation to
the offence be forfeited to Her Majesty in right
of Canada.
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Regulations
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(2) The regulations may define the
expression ``offence-related property'' for the
purposes of this section, may provide for any
matter relating to the application of this
section, and may include provisions
respecting the return to their lawful owner,
disposition, or disposition of the proceeds of
disposition, of offence-related property that
has been seized.
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Officers Authorized to Enforce Act |
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Powers of
peace officer
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138. (1) An officer, if so authorized, has the
authority and powers of a peace
officer - including those set out in sections
487 to 492.2 of the Criminal Code - to
enforce this Act, including any of its
provisions with respect to the arrest, detention
or removal from Canada of any person.
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Temporary
assistants
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(2) An officer may, in cases of emergency,
employ a person to assist the officer in
carrying out duties under this Act. That person
has the authority and powers of the officer for
a period of no more than 48 hours, unless
approved by the Minister.
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Search
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139. (1) An officer may search any person
seeking to come into Canada and may search
their luggage and personal effects and the
means of transportation that conveyed the
person to Canada if the officer believes on
reasonable grounds that the person
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Search by
person of
same sex
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(2) A search of a person under this section
must be performed by a person of the same sex
as the person being searched. If an officer of
the same sex is not available, any suitable
person of the same sex may be authorized by
an officer to perform the search.
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Seizure
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140. (1) An officer may seize and hold any
means of transportation, document or other
thing if the officer believes on reasonable
grounds that it was fraudulently or improperly
obtained or used or that the seizure is
necessary to prevent its fraudulent or
improper use or to carry out the purposes of
this Act.
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Interpreta- tion
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(2) Despite subsection 42(2) of the Canada
Post Corporation Act, a thing or document
that is detained under the Customs Act and
seized by an officer is not in the course of post
for the purposes of the Canada Post
Corporation Act.
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Regulations
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(3) The regulations may provide for any
matter relating to the application of this
section and may include provisions respecting
the deposit of security as a guarantee to
replace things that have been seized or that
might otherwise be seized, and the return to
their lawful owner, and the disposition, of
things that have been seized.
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Oaths and
evidence
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141. Every officer has the authority to
administer oaths and to take and receive
evidence under oath on any matter arising out
of this Act.
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Peace Officers |
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Duties of
peace officers
to execute
orders
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142. Every peace officer and every person
in immediate charge or control of an
immigrant station shall, when so directed by
an officer, execute any warrant or written
order issued under this Act for the arrest,
detention or removal from Canada of any
permanent resident or foreign national.
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Authority to
execute
warrants and
orders
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143. A warrant issued or an order to detain
made under this Act is, notwithstanding any
other law, sufficient authority to the person to
whom it is addressed or who may receive and
execute it to arrest and detain the person with
respect to whom the warrant or order was
issued or made.
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Ticketable Offences |
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Prosecution of
designated
offences
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144. (1) In addition to other procedures set
out in this Act or in the Criminal Code for
commencing a proceeding, proceedings in
respect of any offence that is prescribed by
regulation may be commenced in accordance
with this section.
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Procedure
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(2) An officer may commence a proceeding
by
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Content of
ticket
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(3) The summons and information portions
of a ticket must
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Consequences
of payment
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(4) Payment of the fine by the accused
within the period set out in the ticket
constitutes a plea of guilty to the offence
described in the ticket and, following the
payment,
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Regulations
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(5) The regulations may provide for any
matter relating to the application of this
section, and may include provisions
prescribing
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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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