Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Oaths and evidence

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.

Peace Officers

Marginal note:Duties of peace officers to execute orders

• 142 (1) 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.

• Marginal note:Definition of immigrant station

  (2) In this section, immigrant station means, subject to subsection (3), a facility that is operated by the Canada Border Services Agency — or used by a peace officer or any party to an agreement or arrangement entered into under paragraph 13(2)(b) of the Canada Border Services Agency Act — for the purpose of detaining persons under this Act.

• Marginal note:Area of a penitentiary

  (3) An area of a penitentiary, as defined in subsection 2(1) of the Corrections and Conditional Release Act, may be an immigrant station only if it is designated under subsection 94.4(1) of that Act.

• Marginal note:Detention

  (4) A person detained under this Act must not be detained in a designated immigrant station, as defined in section 94.1 of the Corrections and Conditional Release Act, unless, subject to subsections (5) to (7), the Minister determines that the person is to be detained in a designated immigrant station because the person requires a high degree of supervision and control, based on

  • (a) the nature and level of the danger to the public that the person poses, having regard to any of the following factors:

    • (i) any conviction in Canada under an Act of Parliament for a sexual offence or an offence involving violence or weapons,

    • (ii) any conviction outside Canada for an offence that, if committed in Canada, would constitute a sexual offence or an offence involving violence or weapons under an Act of Parliament,

    • (iii) any pending charges in Canada under an Act of Parliament for a sexual offence or an offence involving violence or weapons,

    • (iv) any pending charges outside Canada, for an offence that, if committed in Canada, would constitute a sexual offence or an offence involving violence or weapons under an Act of Parliament,

    • (v) association with a criminal organization, within the meaning of subsection 121.1(1), or

    • (vi) association with an organization that engages, or has engaged, in terrorism; or

  • (b) any serious non-compliance by the person with the rules, applicable in an immigrant station, any other detention facility or any correctional facility where the person is or has been detained, with respect to

    • (i) the possession of weapons or the possession of or dealing in controlled substances, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, or

    • (ii) violent or aggressive behaviour towards any other person.

• Marginal note:Minor children

  (5) The Minister must not determine that a minor child detained under this Act is to be detained in a designated immigrant station.

• Marginal note:Requirements prior to determination

  (6) Before determining that a person detained under this Act is to be detained in a designated immigrant station, the Minister must

  • (a) provide the person with a written notice informing them that the Minister is considering making a determination that the person is to be detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel;

  • (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a); and

  • (c) consider the person’s state of health and health care needs, including with respect to their mental health.

• Marginal note:Written reasons

  (7) If the Minister determines that a person detained under this Act is to be detained in a designated immigrant station, the Minister must provide the person with written reasons for the determination before the person is detained in a designated immigrant station.

• Marginal note:Emergencies

  (8) Subsections (6) and (7) do not apply in an emergency in which a person detained under the Act must be immediately detained in a designated immigrant station because of a risk to the safety of the person or to other persons in, or a risk to the security of, the immigrant station where the person is or would otherwise be detained.

• Marginal note:Rights of person detained

  (9) If a person is detained in a designated immigrant station in the circumstances described in subsection (8), the Minister must

  • (a) as soon as feasible after the person is detained in the designated immigrant station, provide the person with a written notice informing them that the Minister is considering making a determination that the person is to remain detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel; and

  • (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a).

• Marginal note:Written reasons

  (10) If the Minister determines that a person detained in a designated immigrant station in the circumstances described in subsection (8) is to remain detained in the designated immigrant station, the Minister must provide the person with written reasons for the determination.

Marginal note:Authority to execute warrants and orders

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.

Ticketable Offences

Marginal note:Prosecution of designated offences

• 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 prescribed offence may be commenced in accordance with this section.

• Marginal note:Procedure

  (2) An officer may commence a proceeding by

  • (a) completing a ticket that consists of a summons portion and an information portion;

  • (b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused’s latest known address; and

  • (c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.

• Marginal note:Content of ticket

  (3) The summons and information portions of a ticket must

  • (a) set out a description of the offence and the time and place of its alleged commission;

  • (b) include a statement, signed by the officer, that there are reasonable grounds to believe that the accused committed the offence;

  • (c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it must be paid;

  • (d) include a statement that, if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

  • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.

• Marginal note:Consequences of payment

  (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,

  • (a) a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and

  • (b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

• Marginal note:Regulations

  (5) The regulations may provide for any matter relating to the application of this section, and may include provisions prescribing

  • (a) the offences referred to in subsection (1) and the manner in which those offences may be described in tickets; and

  • (b) the amount of the fine, not exceeding $10,000, for a prescribed offence.

Debt Due to Her Majesty

Marginal note:Debts due

• 145 (1) The following amounts are debts due to Her Majesty in right of Canada payable on demand:

  • (a) a debt incurred by Her Majesty for which any person is liable under this Act;

  • (b) an amount that a person has agreed to pay as a deposit or guarantee of performance of an obligation under this Act;

  • (b.1) the amount of a penalty imposed under any regulation made under paragraph 32(d.4);

  • (c) the costs incurred in removing a prescribed foreign national from Canada;

  • (d) an amount that is ordered to be paid under section 147 on account of an unpaid liability; and

  • (e) an amount referred to in paragraph 148(1)(g).

• Marginal note:Debts due — sponsors

  (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.

• Marginal note:Recovery of debt

  (3) A debt may be recovered at any time.

Collection of Debts Due to Her Majesty

Marginal note:Certificates

• 146 (1) An amount or part of an amount payable under this Act that has not been paid may be certified by the Minister

  • (a) without delay, if the Minister is of the opinion that the person liable for that amount is attempting to avoid payment; and

  • (b) in any other case, on the expiration of 30 days after the default.

• Marginal note:Minister of Employment and Social Development

  (1.1) When a penalty is imposed as a result of the Minister of Employment and Social Development exercising a power conferred on him or her by regulation made under paragraph 32(d.4), that Minister is responsible for the recovery of the debt referred to in paragraph 145(1)(b.1).

• Marginal note:Judgments

  (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.

• Marginal note:Costs

  (3) The costs of registering the certificate are recoverable in the same manner as if they had been included in the certificate.

Marginal note:Garnishment

• 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.

• Marginal note:Applicability to future payments

  (2) If the Minister, under subsection (1), orders an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,

  • (a) the order is applicable to all future payments of remuneration until the liability is satisfied; and

  • (b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Minister stipulates in the notice.

• Marginal note:Discharge of liability

  (3) The receipt of the Minister is a good and sufficient discharge of the original liability to the extent of the payment.

• Marginal note:Regulations

  (4) The regulations may provide for any matter relating to the application of this section.

Transportation Companies

Marginal note:Obligation of operators of vehicles and facilities

• 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,

  • (a) not carry to Canada a person who is prescribed or does not hold a prescribed document, or whom an officer directs not to be carried;

  • (b) hold the prescribed documentation of a person whom it carries to Canada until an examination begins, present the person for examination and hold the person until the examination is completed;

  • (c) arrange for a medical examination and medical treatment and observation of a person it carries to Canada;

  • (d) provide prescribed information, including documentation and reports;

  • (e) provide facilities for the holding and examination of persons being carried to Canada;

  • (f) carry from Canada a person whom it has carried to or caused to enter Canada and who is prescribed or whom an officer directs to be carried;

  • (g) pay for all prescribed costs and fees relating to paragraphs (a), (b), (c) and (f); and

  • (h) provide security for compliance with its obligations under paragraphs (a) to (g).

• Marginal note:Seizure of security for compliance

  (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.

Marginal note:Use of information

149 The following provisions govern information provided under paragraph 148(1)(d):

• (a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and

• (b) notice regarding use of the information must be given to the person to whom it relates.

Marginal note:Regulations

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

• (a) the requirements and procedures applicable to a person who owns or operates a vehicle or a transportation facility;

• (b) the costs and fees for which a person who owns or operates a vehicle or a transportation facility is liable;

• (c) the procedures to be followed when a vehicle or other security is detained, seized, forfeited to Her Majesty in right of Canada or returned; and

• (d) the procedures by which a person may make claim that their interest in a vehicle or other good is not affected by it being detained, seized or forfeited to Her Majesty in right of Canada.