Bill C-31

MARINE TRANSPORTATION SECURITY ACT

70. (1) The portion of subsection 5(2) of the Marine Transportation Security Act before paragraph (a) is replaced by the following:

(2) Every person who contravenes a regulation made under subsection (1), other than a provision that sets out an obligation described in subsection (3), is guilty of an offence punishable on summary conviction and liable

(2) Section 5 of the Act is amended by adding the following after subsection (2):

71. The Act is amended by adding the following after section 5:

72. Section 17 of the Act is replaced by the following:

17. (1) An operator of a vessel that contravenes a direction is guilty of an offence and liable

(a) on conviction on indictment

(i) in the case of an individual, for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, and, for any subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years or to both, or

(ii) in the case of a corporation, for a first offence, to a fine of not more than $500,000 and, for any subsequent offence, to a fine of not more than $1,000,000; or

(b) on summary conviction

(i) in the case of an individual, for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months or to both, and, for any subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, or

(ii) in the case of a corporation, for a first offence, to a fine of not more than $250,000 and, for any subsequent offence, to a fine of not more than $500,000.

73. (1) The portion of subsection 25(4) of the Act before paragraph (a) is replaced by the following:

(4) Every person who contravenes subsection (1) or (2) or any of paragraphs (3)(b) to (e) is guilty of an offence and liable

(2) Section 25 of the Act is amended by adding the following after subsection (4):

74. Section 26 of the English version of the Act is replaced by the following:

26. If an offence is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

75. Section 28 of the Act is amended by adding the following after subsection (4):

76. Section 29 of the Act is replaced by the following:

29. A person shall not be convicted of an offence under this Act if they establish that they exercised all due diligence to prevent its commission, and a vessel shall not be convicted of an offence under subsection 17(2) if the person who committed the act or omission that constitutes the offence establishes that they exercised all due diligence to prevent its commission.

77. Subsection 31(1) of the Act is replaced by the following:

31. (1) If a fine imposed on a person or vessel convicted of an offence under this Act is not paid when required, the conviction may be registered in the superior court of the province in which the trial was held and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment of that court obtained by Her Majesty in right of Canada against the convicted person or vessel for a debt in the amount of the fine.

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT

78. The Department of Citizenship and Immigration Act is amended by adding the following after section 5:

TRANSITIONAL PROVISIONS

79. In sections 80 to 83, “the Act” means the Immigration and Refugee Protection Act.

80. Every request that is made under subsection 25(1) of the Act or for the purposes of subsection 25.2(1) of the Act, as the Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with the Act as it read immediately before that day.

81. (1) A designation may be made under subsection 20.1(1) of the Act, as enacted by section 10, in respect of an arrival in Canada — after March 31, 2009 but before the day on which this section comes into force — of a group of persons.

(2) For greater certainty and subject to subsection (3), if a designation that is authorized under subsection (1) is made, then the definition “designated foreign national” in subsection 2(1) of the Act, as enacted by section 2, and any provisions of the Act, as enacted by this Act, that provide for the effects of the designation apply.

(3) If a designation that is authorized under subsection (1) is made, then paragraph 55(3.1)(b) of the Act, as enacted by subsection 23(3), does not apply in respect of a person who, as a result of that designation, becomes a designated foreign national and who, on the day on which this section comes into force, is not in detention under Division 6 of Part 1 of the Act.

82. Paragraph 58(1)(c) of the Act, as enacted by subsection 26(1), applies in respect of a person who, on the day on which this section comes into force, is in detention under Division 6 of Part 1 of the Act.

83. (1) Subsection 99(3.1) of the Act, as enacted by section 33, does not apply in respect of a claim for refugee protection that is referred to the Refugee Protection Division before the day on which that section 33 comes into force.

(2) A person who makes a claim for refugee protection inside Canada other than at a port of entry before the day on which section 33 comes into force but whose claim is not referred to the Refugee Protection Division before that day must comply with the requirements of subsection 99(3.1) of the Act, as enacted by section 33. However, the person must provide the documents and information to the Refugee Protection Division rather than to an officer.

COORDINATING AMENDMENTS

84. (1) In this section, “other Act” means the Balanced Refugee Reform Act.

(2) On the first day on which both section 12 of the other Act and subsection 36(1) of this Act are in force, subsection 110(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (d):

(d.1) a decision of the Refugee Protection Division allowing or rejecting a claim for refugee protection made by a foreign national who is a national of a country that was, on the day on which the decision was made, a country designated under subsection 109.1(1);

(3) On the first day on which both subsection 15(4) of the other Act and subsection 38(1) of this Act are in force, paragraph 112(2)(c) of the Immigration and Refugee Protection Act is replaced by the following:

(c) subject to subsection (2.1), less than 12 months have passed since their last application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister.

(4) On the first day on which both section 26 of the other Act and section 48 of this Act are in force, subsection 153(1.1) of the Immigration and Refugee Protection Act is repealed.

(5) On the first day on which both section 12 of the other Act and section 49 of this Act are in force, subsection 161(1.1) of the Immigration and Refugee Protection Act is replaced by the following:

(1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).

COMING INTO FORCE

85. (1) Sections 4 and 6, subsection 9(2) and sections 30, 47 and 78 come into force on a day to be fixed by order of the Governor in Council.

(2) Sections 7 and 8, subsections 9(1) and 11(1), sections 17 to 22, subsection 23(1) and sections 29, 31, 33 to 35, 38 to 46, 49 to 51, 53, 54 and 70 to 77 come into force on a day or days to be fixed by order of the Governor in Council.