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

Act current to 2015-08-30 and last amended on 2015-07-01. Previous Versions

 [Repealed, 2001, c. 32, s. 81]

Marginal note:Counselling offence

 Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.

  • 2001, c. 27, s. 131, c. 32, s. 81;
  • 2012, c. 17, s. 45(F).

 [Repealed, 2001, c. 32, s. 81]

Prosecution of Offences

Marginal note:Deferral

 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, 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, pending disposition of their claim for refugee protection or if refugee protection is conferred.

Marginal note:Limitation period for summary conviction offences
  •  (1) A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose.

  • Marginal note:Application

    (2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.

  • 2011, c. 8, s. 3;
  • 2012, c. 17, s. 46.
Marginal note:Defence — incorporation by reference

 No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention,

  • (a) the material was reasonably accessible to the person;

  • (b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

  • (c) the material had been published in the Canada Gazette.

Marginal note:Offences outside Canada

 An act or omission that would by reason of this Act be punishable as an offence if committed in Canada is, if committed outside Canada, an offence under this Act and may be tried and punished in Canada.