Bill C-646

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First Reading

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3rd Session, 40th Parliament,

59-60 Elizabeth II, 2010-2011

house of commons of canada

BILL C-646

An Act to amend the Immigration and Refugee Protection Act (victims of trafficking in persons)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2001, c. 27

IMMIGRATION AND REFUGEE PROTECTION ACT

1. The Immigration and Refugee Protection Act is amended by adding the following after section 24:

Definition of “victim of trafficking in persons”

24.1 (1) In this section and in section 24.2, “victim of trafficking in persons” means a foreign national who is a victim, as defined in section 2 of the Criminal Code, of the offence set out in section 279.01 of that Act or in section 118 of this Act.

Victim of trafficking protection permit

(2) An officer may, at the request of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim of trafficking protection permit — which may be cancelled at any time — authorizing the foreign national to remain in Canada as a temporary resident for a period of up to 180 days if

(a) the foreign national is physically present in Canada; and

(b) the officer is of the opinion that

(i) the foreign national may be, or may have been, a victim of trafficking in persons in, or in the course of coming into, Canada, and

(ii) issuing the permit is otherwise justified in the circumstances.

Minister's instructions

(3) In applying subsection (2), the officer shall act in accordance with any instructions that the Minister may make.

Eligibility for health services

(4) The holder of the victim of trafficking protection permit issued under subsection (2) is eligible for the same federal health services as is a person who has made a claim for refugee protection inside Canada.

Victim of trafficking protection permit

24.2 (1) An officer may, at the request of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim of trafficking protection permit — which may be cancelled at any time — authorizing the foreign national to remain in Canada as a temporary resident for a period of up to three years if

(a) the foreign national is physically present in Canada; and

(b) the officer is of the opinion that

(i) the foreign national is or has been a victim of trafficking in persons in, or in the course of coming into, Canada, and

(ii) issuing the permit is otherwise justified in the circumstances.

Minister's instructions

(2) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.

No charges for certain offences

(3) A person who holds a victim of trafficking protection permit issued under subsection (1) may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person.

2. Subsection 29(1) of the Act is replaced by the following:

Right of temporary residents

29. (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit or a victim of trafficking protection permit.

3. Paragraph (c) of section 47 of the Act is replaced by the following:

4. Subsection 94(2) of the Act is amended by adding the following after paragraph (d):

(d.1) the number of victim of trafficking protection permits issued under sections 24.1 and 24.2, categorized according to grounds of inadmissibility, if any;

COMING INTO FORCE

Coming into force

5. This Act comes into force one year after the day on which it receives royal assent or on an earlier day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

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