• 5. (1) The portion of paragraph 166(b) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (b) on application or on its own initiative, the Division may conduct a proceeding in the absence of the public, or take any other measure that it considers necessary to ensure the confidentiality of the proceedings, if, after having considered all available alternate measures, the Division is satisfied that there is

• (2) Paragraph 166(c) of the English version of the Act is replaced by the following:

  • (c) subject to paragraph (d), proceedings before the Refugee Protection Division and the Immigration Division concerning a claimant of refugee protection, proceedings concerning cessation and vacation applications and proceedings before the Refugee Appeal Division must be held in the absence of the public;

• (3) Paragraph 166(f) of the Act is replaced by the following:

  • (f) despite paragraph (e), the representative or agent may not observe any part of the proceedings that deals with information or other evidence in respect of which an application has been made under section 86, and not rejected, or with information or other evidence protected under that section.

TRANSITIONAL PROVISIONS

Marginal note:Definition of “the Act”

6. In sections 7 to 10, “the Act” means the Immigration and Refugee Protection Act.

Marginal note:Proceedings relating to reasonableness of certificates

• 7. (1) A proceeding relating to the reasonableness of a certificate referred to the Federal Court under subsection 77(1) of the Act is terminated on the coming into force of this Act.

• Marginal note:Existing removal orders

  (2) A removal order made against a person who is named in a certificate referred to the Federal Court under the Act, or under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, before this Act comes into force and who is in Canada when this Act comes into force ceases to have effect on that coming into force.

• Marginal note:New certificates

  (3) If, on the day on which this Act comes into force, the Minister of Public Safety and Emergency Preparedness and the Minister of Citizenship and Immigration sign a new certificate and refer it to the Federal Court under subsection 77(1) of the Act, as enacted by section 4 of this Act, the person who is named in the certificate

  • (a) shall, if they were detained under Division 9 of Part 1 of the Act when this Act comes into force, remain in detention without a new warrant for their arrest and detention having to be issued under section 81 of the Act, as enacted by section 4 of this Act; or

  • (b) shall, if they were released from detention under conditions under Division 9 of Part 1 of the Act when this Act comes into force, remain released under the same conditions unless a warrant for their arrest and detention is issued under section 81 of the Act, as enacted by section 4 of this Act.

• Marginal note:Application for review of detention or conditions

  (4) A person referred to in subsection (3) may apply to the Federal Court for a review of the reasons for their continued detention or of the reasons for continuing the conditions, as the case may be, within 60 days after the day on which this Act comes into force.

• Marginal note:Review of detention

  (5) If a person who is detained and who is entitled to make an application under subsection (4) does not do so, a judge shall commence a review of the reasons for the person’s continued detention at least once in the six-month period following the day on which this Act comes into force.

• Marginal note:Review of conditions

  (6) If a person who is released from detention under conditions and who is entitled to make an application under subsection (4) does not do so, they may apply to the Federal Court for a review of the reasons for continuing the conditions if a period of six months has expired since the day on which this Act comes into force.

• Marginal note:Calculation of period for next review

  (7) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4) of the Act, as enacted by section 4 of this Act, the conclusion of the preceding review is deemed to have taken place on the day on which a judge makes a decision under this section.

Marginal note:Proceedings relating to section 112 or 115

• 8. (1) Any proceeding that involves a person who is named in a certificate and that relates to section 112 or 115 of the Act is terminated on the coming into force of this Act.

• Marginal note:Persons subject to stay of removal

  (2) A person who is named in a certificate referred to the Federal Court under subsection 77(1) of the Act, as enacted by section 4 of this Act, is not required to apply for protection under section 112 of the Act after the day on which this Act comes into force if a removal order made against them was stayed under subsection 114(1) of the Act when this Act comes into force unless the stay is cancelled under subsection 114(2) of the Act.

Marginal note:Existing removal orders — section 86

• 9. (1) A removal order made against a person in a proceeding in which an application was made for the non-disclosure of information under section 86 of the Act, as it read immediately before the coming into force of this Act, ceases to have effect when this Act comes into force if the person is in Canada on that coming into force.

• Marginal note:New reports on inadmissibility

  (2) If the Minister of Public Safety and Emergency Preparedness refers a report to the Immigration Division under subsection 44(2) of the Act on the day on which this Act comes into force, then the person who is named in the report

  • (a) shall, if they were detained under Division 9 of Part 1 of the Act when this Act comes into force, remain in detention without a new warrant for their arrest and detention having to be issued under Division 6 of Part 1 of the Act; or

  • (b) shall, if they were released from detention under conditions under Division 9 of Part 1 of the Act when this Act comes into force, remain released under the same conditions unless a warrant for their arrest and detention is issued under Division 6 of Part 1 of the Act.

• Marginal note:Calculation of period for next review

  (3) If the Minister of Public Safety and Emergency Preparedness refers a report to the Immigration Division under subsection 44(2) of the Act on the day on which this Act comes into force, then, for the purpose of calculating the 30-day period referred to in subsection 57(2) of the Act, the previous review is deemed to have taken place on that day.

• Marginal note:Proceedings under section 86

  (4) On the coming into force of this Act, section 86 of the Act, as enacted by section 4 of this Act, applies to a proceeding that is pending or in progress immediately before that coming into force and in which an application was made for the non-disclosure of information under section 86 of the Act, as it read immediately before that coming into force.

Marginal note:Proceedings under section 87

10. On the coming into force of this Act, sections 87 and 87.1 of the Act, as enacted by section 4 of this Act, apply to a proceeding that is pending or in progress immediately before that coming into force and in which an application was made for the non-disclosure of information under section 87 of the Act, as it read immediately before that coming into force.

R.S., c. C-5CONSEQUENTIAL AMENDMENT TO THE CANADA EVIDENCE ACT

Marginal note:2001, c. 41, s. 124(2)

11. Item 3 of the schedule to the Canada Evidence Act is replaced by the following:

COMING INTO FORCE

Marginal note:Order in council

12. This Act comes into force on a day to be fixed by order of the Governor in Council.