Bill C-42

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First Reading

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	PART 7
R.S., c. F-27	FOOD AND DRUGS ACT
	*62. The Food and Drugs Act* is amended by adding the following after section 30:**
	Interim Orders
Interim orders	30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	PART 8
R.S., c. H-3	HAZARDOUS PRODUCTS ACT
	*63. The Hazardous Products Act* is amended by adding the following after section 5:**
	Interim Orders
Interim orders - regulations	5.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - section 6	(2) The Minister may make an interim order in which any power referred to in section 6 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(5) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(6) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	64. The Act is amended by adding the following after section 16:
	Interim Orders
Interim orders - regulations	16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Interim orders - sections 17 and 18	(2) The Minister may make an interim order in which any power referred to in sections 17 and 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(5) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(6) For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	65. The Act is amended by adding the following after section 27:
	Interim Orders
Interim orders	27.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	PART 9
R.S., c. I-2	IMMIGRATION ACT
1995, c. 15, s. 11(1)	*66. (1) Subsection 46.1(2) of the Immigration Act* is replaced by the following:**
Notification to Refugee Division by senior immigration officer	(1.1) A senior immigration officer shall forthwith notify the Refugee Division and, in the circumstances described in subsection 23(4.01), (4.2) or (4.3) or 27(3.1) or (6), shall cause an inquiry to be held concerning the person as soon as is reasonably practicable if, after a person's claim has been referred to the Refugee Division,
	(a) the senior immigration officer believes on reasonable grounds that the person is a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (j), (k) or (l); or
	(b) a certificate is signed and filed under subsection 40.1(1) to the effect that the person is a member of an inadmissible class described in paragraph (a).
Suspension of consideration of case	(2) On being notified under subsection (1) or (1.1) , the Refugee Division shall suspend its consideration of the case and shall
	(a) continue its consideration of the case, if it receives notice that a senior immigration officer has made a determination under paragraph 45(1)(a) that the person is eligible to have their claim determined by the Refugee Division; or
	(b) terminate its consideration of the case, if it receives notice that a senior immigration officer has made a determination under paragraph 45(1)(a) that the person is not eligible to have their claim determined by the Refugee Division.
	(2) Subsections 46.1(1.1) and (2) of the Act, as enacted by subsection (1), apply to any claim that has been referred to the Refugee Division on or before the day on which those subsections come into force but in respect of which the Refugee Division has not made a determination.
1995, c. 15, s. 11(1)	67. Subsections 46.2(1) and (2) of the Act are replaced by the following:
Resumption of consideration of case	46.2 (1) A senior immigration officer shall request that the Refugee Division forthwith resume its consideration of a person's claim if the senior immigration officer believes on reasonable grounds that, because a final decision has been made in the matter, the person is no longer a member of an inadmissible class referred to, or a person described, in subsection 46.1(1) or (1.1) .
Effect	(2) If subsection (1) applies and, immediately before the decision referred to in paragraph 46.1(2)(b) was made, the person was subject to a removal order on a basis other than that the person is a person referred to in subsection 46.1(1) or (1.1) , the person is deemed to be subject to a conditional departure order or a conditional deportation order, as the case may be, from the day on which the person ceases to belong to an inadmissible class referred to, or to be a person described, in that subsection.
1992, c. 49, s. 42	68. Subsection 52(1) of the Act is replaced by the following:
Voluntary departure	52. (1) Unless otherwise directed by the Minister, a person against whom a removal order is made may be allowed to leave Canada voluntarily and to select the country for which that person wishes to depart.
	69. The Act is amended by adding the following after section 88:
Duty to provide information	88.1 (1) A transportation company bringing persons to Canada shall, in accordance with the regulations, provide prescribed information, including documentation and reports.
Use of information	(2) The following provisions govern information provided under subsection (1):
	(a) the information may be used only for the purposes of this Act or to identify a person for whom a warrant of arrest has been issued in Canada; and
	(b) notice that the information was used must be given to the person to whom it relates.
R.S., c. 29 (4th Supp.), s. 9; 1992, c. 49, s. 84	70. Sections 94.1 to 94.4 of the Act are replaced by the following:
Organizing entry into Canada	94.1 (1) Every person who knowingly organizes, induces, aids or abets or attempts to organize, induce, aid or abet the coming into Canada of one or more persons who are not in possession of a visa, passport or other document required by this Act or the regulations is guilty of an offence.
Penalties - fewer than ten persons	(2) A person who contravenes subsection (1) with respect to fewer than ten persons is liable
	(a) on conviction on indictment
	(i) for a first offence , to a fine of not more than five hundred thousand dollars or to a term of imprisonment of not more than ten years, or to both, and
	(ii) for a subsequent offence, to a fine of not more than one million dollars or to a term of imprisonment of not more than fourteen years, or to both; and
	(b) on summary conviction, to a fine of not more than one hundred thousand dollars or to a term of imprisonment of not more than two years , or to both.
Penalty - ten persons or more	(3) A person who contravenes subsection (1) with respect to a group of ten persons or more is liable on conviction on indictment to a fine of not more than one million dollars or to life imprisonment, or to both.
No proceedings without consent	(4) No proceedings for an offence under this section may be instituted except by or with the consent of the Attorney General of Canada.
Trafficking in persons	94.2 (1) Every person who knowingly organizes the coming into Canada of one or more persons by means of abduction, fraud, deception or the use or threat of force or coercion is guilty of an offence.