1994, c. 31DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT

78. The Department of Citizenship and Immigration Act is amended by adding the following after section 5:

TRANSITIONAL PROVISIONS

Definition of “the Act”

79. In sections 80 to 83.1, “the Act” means the Immigration and Refugee Protection Act.

Marginal note:Humanitarian and compassionate and public policy considerations

80. Every request that is made under subsection 25(1) of the Act or for the purposes of subsection 25.2(1) of the Act, as the Act read immediately before the day on which this Act receives royal assent, is to be determined in accordance with the Act as it read immediately before that day.

Marginal note:Designation under section 20.1

• 81. (1) A designation may be made under subsection 20.1(1) of the Act, as enacted by section 10, in respect of an arrival in Canada — after March 31, 2009 but before the day on which this section comes into force — of a group of persons.

• Marginal note:Effects of designation to apply

  (2) For greater certainty and subject to subsection (3), if a designation that is authorized under subsection (1) is made, then the definition “designated foreign national” in subsection 2(1) of the Act, as enacted by section 2, and any provisions of the Act, as enacted by this Act, that provide for the effects of the designation apply.

• Marginal note:Exception — person not in detention

  (3) If a designation that is authorized under subsection (1) is made, then paragraph 55(3.1)(b) of the Act, as enacted by subsection 23(3), does not apply in respect of a person who, as a result of that designation, becomes a designated foreign national and who, on the day on which this section comes into force, is not in detention under Division 6 of Part 1 of the Act.

Marginal note:Review of grounds for detention

82. Paragraph 58(1)(c) of the Act, as enacted by subsection 26(1), applies in respect of a person who, on the day on which this section comes into force, is in detention under Division 6 of Part 1 of the Act.

Marginal note:Claim made and referred

• 83. (1) Subsection 99(3.1) of the Act, as enacted by section 33, does not apply in respect of a claim for refugee protection that is referred to the Refugee Protection Division before the day on which that section 33 comes into force.

• Marginal note:Claim made but not referred

  (2) A person who makes a claim for refugee protection inside Canada other than at a port of entry before the day on which section 33 comes into force but whose claim is not referred to the Refugee Protection Division before that day must comply with the requirements of subsection 99(3.1) of the Act, as enacted by section 33. However, the person must provide the documents and information to the Refugee Protection Division rather than to an officer.

Marginal note:Application made before expiry of 12-month waiting period

83.1 An application made under subsection 112(1) of the 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)(c) of the Act, as enacted by subsection 38(1.1).

COORDINATING AMENDMENTS

Marginal note:2010, c. 8

• 84. (1) In this section, “other Act” means the Balanced Refugee Reform Act.

• (2) On the first day on which both section 12 of the other Act and subsection 36(1) of this Act are in force, subsection 110(2) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (d):

  • (d.1) a decision of the Refugee Protection Division allowing or rejecting a claim for refugee protection made by a foreign national who is a national of a country that was, on the day on which the decision was made, a country designated under subsection 109.1(1);

• (3) On the first day on which both subsection 15(4) of the other Act and subsection 38(1.1) of this Act are in force, paragraph 112(2)(c) of the Immigration and Refugee Protection Act is replaced by the following:

  • (c) subject to subsection (2.1), less than 12 months, or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months, have passed since their last application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister.

• (4) On the first day on which both section 26 of the other Act and section 48 of this Act are in force, subsection 153(1.1) of the Immigration and Refugee Protection Act is repealed.

• (5) On the first day on which both section 12 of the other Act and section 49 of this Act are in force, subsection 161(1.1) of the Immigration and Refugee Protection Act is replaced by the following:

  • Marginal note:Distinctions

    (1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).

COMING INTO FORCE

Marginal note:Order in council — same day

• 85. (1) Sections 4 and 6, subsection 9(2) and sections 30, 47 and 78 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council — day or days

  (2) Sections 7 and 8, subsections 9(1) and 11(1), sections 17 to 22, subsection 23(1), sections 29, 31, 33 to 35, subsections 38(1) and (2) and sections 39 to 46, 49 to 51, 53, 54 and 70 to 77 come into force on a day or days to be fixed by order of the Governor in Council.