Marginal note:Penalty

• 123. (1) Every person who contravenes

  • (a) paragraph 122(1)(a) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to five years; and

  • (b) paragraph 122(1)(b) or (c) is guilty of an offence and liable on conviction on indictment to a term of imprisonment of up to 14 years.

• Marginal note:Aggravating factors

  (2) The court, in determining the penalty to be imposed, shall take into account whether

  • (a) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 121(2); and

  • (b) the commission of the offence was for profit, whether or not any profit was realized.

General Offences

Marginal note:Contravention of Act

• 124. (1) Every person commits an offence who

  • (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;

  • (b) escapes or attempts to escape from lawful custody or detention under this Act; or

  • (c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.

• Marginal note:Deemed knowledge

  (2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.

• Marginal note:Due diligence defence

  (3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.

Marginal note:Penalties

125. A person who commits an offence under subsection 124(1) is liable

• (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or

• (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Counselling misrepresentation

126. Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.

Marginal note:Misrepresentation

127. No person shall knowingly

• (a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

• (b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or

• (c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.

Marginal note:Penalties

128. A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable

• (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, 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 two years, or to both.

Marginal note:Offences relating to officers

• 129. (1) Every person is guilty of an offence who

  • (a) being an officer or an employee of the Government of Canada, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter under this Act or knowingly fails to perform their duties under this Act;

  • (b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, an officer to induce the officer not to perform their duties under this Act;

  • (c) falsely personates an officer or by any act or omission leads any person to believe that the person is an officer; or

  • (d) obstructs or impedes an officer in the performance of the officer’s duties under this Act.

• Marginal note:Punishment

  (2) Every person who is guilty of an offence under subsection (1) is liable

  • (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both; or

  • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

Proceeds of Crime

Marginal note:Possession of property obtained by certain offences

• 130. (1) No person shall possess any property or any proceeds of any property knowing that all or any part of the property or of those proceeds was obtained or derived directly or indirectly as a result of the commission of an offence under subsection (2) or section 117, 118, 119, 122, 124, 126, 127, 129 or 131.

• Marginal note:Laundering proceeds of certain offences

  (2) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived directly or indirectly as a result of the commission of an offence under subsection (1) or section 117, 118, 119, 122, 124, 126, 127, 129 or 131.

• Marginal note:Punishment

  (3) Every person who contravenes subsection (1) or (2) commits an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than 10 years, or to both; or

  • (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both.

Marginal note:Counselling offence

131. 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, 129 or 130, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.

Marginal note:Part XII.2 of the Criminal Code applicable

132. Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings for an offence contrary to section 117, 118, 119, 122, 124, 126, 127, 129, 130 or 131.

Prosecution of Offences

Marginal note:Deferral

133. 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:Defence — incorporation by reference

134. 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

135. 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.

Marginal note:Venue

• 136. (1) A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged with the offence is or has an office or place of business at the time of the institution of those proceedings.

• Marginal note:Where commission outside Canada

  (2) A proceeding in respect of an offence under this Act that is committed outside Canada may be instituted, tried and determined at any place in Canada.

Forfeiture

Marginal note:Forfeiture

• 137. (1) A court that convicts a person of an offence under this Act may, in addition to any other punishment imposed, order that any offence-related property seized in relation to the offence be forfeited to Her Majesty in right of Canada.

• Marginal note:Regulations

  (2) The regulations may define the expression “offence-related property” for the purposes of this section, may provide for any matter relating to the application of this section, and may include provisions respecting the return to their lawful owner, disposition, or disposition of the proceeds of disposition, of offence-related property that has been seized.

Officers Authorized to Enforce Act

Marginal note:Powers of peace officer

• 138. (1) An officer, if so authorized, has the authority and powers of a peace officer — including those set out in sections 487 to 492.2 of the Criminal Code — to enforce this Act, including any of its provisions with respect to the arrest, detention or removal from Canada of any person.

• Marginal note:Temporary assistants

  (2) An officer may, in cases of emergency, employ a person to assist the officer in carrying out duties under this Act. That person has the authority and powers of the officer for a period of no more than 48 hours, unless approved by the Minister.

Marginal note:Search

• 139. (1) An officer may search any person seeking to come into Canada and may search their luggage and personal effects and the means of transportation that conveyed the person to Canada if the officer believes on reasonable grounds that the person

  • (a) has not revealed their identity or has hidden on or about their person documents that are relevant to their admissibility; or

  • (b) has committed, or possesses documents that may be used in the commission of, an offence referred to in section 117, 118 or 122.

• Marginal note:Search by person of same sex

  (2) A search of a person under this section must be performed by a person of the same sex as the person being searched. If an officer of the same sex is not available, any suitable person of the same sex may be authorized by an officer to perform the search.

Marginal note:Seizure

• 140. (1) An officer may seize and hold any means of transportation, document or other thing if the officer believes on reasonable grounds that it was fraudulently or improperly obtained or used or that the seizure is necessary to prevent its fraudulent or improper use or to carry out the purposes of this Act.

• Marginal note:Interpretation

  (2) Despite subsection 42(2) of the Canada Post Corporation Act, a thing or document that is detained under the Customs Act and seized by an officer is not in the course of post for the purposes of the Canada Post Corporation Act.

• Marginal note:Regulations

  (3) The regulations may provide for any matter relating to the application of this section and may include provisions respecting the deposit of security as a guarantee to replace things that have been seized or that might otherwise be seized, and the return to their lawful owner, and the disposition, of things that have been seized.

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. 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: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 offence that is prescribed by regulation 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;

  • (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: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.