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

Act current to 2014-06-12 and last amended on 2014-02-06. Previous Versions

Marginal note:Offence — trafficking in persons
  •  (1) No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion.

  • Definition of “organize”

    (2) For the purpose of subsection (1), “organize”, with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.

Marginal note:Disembarking persons at sea

 A person shall not disembark a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act.

Marginal note:Penalties

 A person who contravenes section 118 or 119 is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both.

Marginal note:Aggravating factors
  •  (1) The court, in determining the penalty to be imposed under section 120, shall take into account whether

    • (a) bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence;

    • (b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;

    • (c) the commission of the offence was for profit, whether or not any profit was realized; and

    • (d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

  • (2) [Repealed, 2012, c. 17, s. 42]

  • 2001, c. 27, s. 121;
  • 2012, c. 17, s. 42.

Definition of “criminal organization”

  •  (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), “criminal organization” means a criminal organization as defined in subsection 467.1(1) of the Criminal Code.

  • Definition of “terrorist group”

    (2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), “terrorist group” means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.

  • 2012, c. 17, s. 43.