Protecting Canada’s Immigration System Act (S.C. 2012, c. 17)
Full Document:
Assented to 2012-06-28
61. Section 20 of the Act is amended by replacing the paragraphs 161(1)(a) and (a.1) that it enacts with the following:
(a) the referral of a claim for refugee protection to the Refugee Protection Division;
(a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);
62. Section 21 of the Act is repealed.
63. Section 23 of the Act is amended by replacing the subsection 167(1) that it enacts with the following:
Marginal note:Right to counsel
167. (1) A person who is the subject of proceedings before any Division of the Board and the Minister may, at their own expense, be represented by legal or other counsel.
64. Section 24 of the Act is repealed.
65. Subsection 25(3) of the Act is amended by replacing the French version of the subsection 169(2) that it enacts with the following:
Marginal note:Règlements
(2) Les règlements régissent les modalités de communication de la notification des décisions de la Section de la protection des réfugiés portant sur les demandes de protection ainsi que de ses motifs écrits.
66. Sections 33 and 34 of the Act are replaced by the following:
Marginal note:Refugee protection claim referred
33. (1) Except its subsections 100(4) and (4.1), the Immigration and Refugee Protection Act, as amended by this Act, applies to every claim for refugee protection that is referred to the Refugee Protection Division before the day on which this section comes into force if, before that day, there has been no hearing before the Refugee Protection Division in respect of the claim or, if there has been a hearing, no substantive evidence has been heard.
Marginal note:Personal Information Form
(2) If a Personal Information Form, as defined in section 1 of the Refugee Protection Division Rules as they read immediately before the day on which this section comes into force, has not been submitted in respect of a claim that is referred to the Refugee Protection Division before that day and the time limit for submitting that Form has not expired, the claimant must submit that Form in accordance with those Rules, as they read on that day.
Marginal note:Hearing date
(3) If, before the day on which this section comes into force, no date has been fixed for the hearing before the Refugee Protection Division in respect of a claim that is referred to that Division before that day, an official of the Immigration and Refugee Board must fix the date on which the claimant is to attend the hearing.
Marginal note:Member who is assigned
34. A member who is assigned to the Refugee Protection Division under paragraph 159(1)(b) of the Immigration and Refugee Protection Act, as it read immediately before the day on which subsection 19(1) of this Act comes into force, may, if authorized by the Chairperson, remain assigned to that Division. However, the member may hear and make decisions only in respect of claims for refugee protection referred to that Division before that day.
67. Subsection 35(2) of the Act is replaced by the following:
Marginal note:Single member unable to continue
(2) If the single member is unable to continue to hear the claim, the claim must be referred to another member of the Refugee Protection Division, and that member must commence a new hearing in accordance with the Immigration and Refugee Protection Act, as amended by this Act.
68. Sections 36 to 37.1 of the Act are replaced by the following:
Marginal note:No appeal
36. (1) A decision made by the Refugee Protection Division in respect of a claim for refugee protection that was referred to that Division before the day on which this section comes into force is not subject to appeal to the Refugee Appeal Division.
Marginal note:Application made before expiry of 12-month waiting period
(2) An application made under subsection 112(1) of the Immigration and Refugee Protection Act before the day on which this section comes into force is terminated if it was made before the expiry of the 12-month period referred to in paragraph 112(2)(b.1) of that Act, as enacted by subsection 15(3).
Marginal note:Decision set aside in judicial review
37. If a decision referred to in subsection 36(1) is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act, as enacted by section 26, and is to be considered in accordance with that Act, as amended by this Act. However, the member’s decision is not subject to appeal to the Refugee Appeal Division.
Marginal note:Application for protection
37.1 Subject to regulations made under subsection 201.1 of the Immigration and Refugee Protection Act, an application for protection that is made before the day on which subsection 15(1) comes into force is to be considered in accordance with that Act, as amended by this Act.
69. Section 42 of the Act is replaced by the following:
Marginal note:Order in council
42. (1) The provisions of this Act, except sections 3 to 6, 9, 13 and 14, subsection 15(3) and sections 28, 31, 32, 39 and 40, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Subsection 15(3)
(2) Subsection 15(3) comes into force on the day on which the Protecting Canada’s Immigration System Act receives royal assent.
1994, c. 40MARINE TRANSPORTATION SECURITY ACT
Marginal note:2001, c. 29, s. 56
70. (1) The portion of subsection 5(2) of the Marine Transportation Security Act before paragraph (a) is replaced by the following:
Marginal note:Offences relating to regulations — general
(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):
Marginal note:Offences — information to be reported before vessel enters Canadian waters
(3) Every individual who contravenes, in a regulation made under subsection (1), a provision that sets out an obligation to provide information required to be reported before a vessel enters Canadian waters, is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $75,000 or to imprisonment for a term of not more than one year or to both; or
(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months or to both.
- Date modified: