Marginal note:Imposition of conditions by judge

• 35. (1) On application by the Minister of Public Safety and Emergency Preparedness, a judge, as defined in section 76 of the Act, must vary an order that was made under paragraph 82(5)(b) of the Act before the day on which this section comes into force in order to impose the conditions referred to in subsection 82(6) of the Act on a permanent resident or foreign national who is named in a certificate stating that they are inadmissible on grounds of security.

• Marginal note:Deemed imposition

  (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 82(6) of the Act.

COORDINATING AMENDMENTS

Marginal note:Bill C-31

• 36. (1) Subsections (2) to (11) apply if Bill C-31, introduced in the 1st session of the 41st Parliament and entitled the Protecting Canada’s Immigration System Act (referred to in this section as the “other Act”), receives royal assent.

• (2) On the first day on which both section 3 of the other Act and section 3 of this Act are in force, subsection 6(3) of the Immigration and Refugee Protection Act is replaced by the following:

  • Marginal note:Exception

    (3) Despite subsection (2), the Minister may not delegate the power conferred by subsection 20.1(1), section 22.1 or subsection 42.1(1) or (2) or 77(1).

• (3) On the first day on which both section 13 of the other Act and section 9 of this Act are in force, subsection 25(1) of the Immigration and Refugee Protection Act is replaced by the following:

  Marginal note:Humanitarian and compassionate considerations — request of foreign national

  • 25. (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

• (4) If section 24 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:

  22. Section 56 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Conditions — inadmissibility on grounds of security

    (3) If an officer orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the officer must also impose the prescribed conditions on the person.

  • Marginal note:Duration of conditions

    (4) The prescribed conditions imposed under subsection (3) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.

• (5) If section 22 of this Act comes into force before section 24 of the other Act, then

  • (a) that section 24 is deemed never to have come into force and is repealed; and

  • (b) section 56 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):

    • Marginal note:Period of detention — designated foreign national

      (1.1) Despite subsection (1), a designated foreign national who is detained under this Division and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question must be detained until

      • (a) a final determination is made to allow their claim for refugee protection or application for protection;

      • (b) they are released as a result of the Immigration Division ordering their release under section 58; or

      • (c) they are released as a result of the Minister ordering their release under section 58.1.

• (6) If section 24 of the other Act comes into force on the same day as section 22 of this Act, then that section 24 is deemed to have come into force before that section 22 and subsection (4) applies as a consequence.

• (7) If subsection 26(2) of the other Act comes into force before section 23 of this Act,

  • (a) that section 23 is replaced by the following:

    23. Section 58 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Conditions — inadmissibility on grounds of security

      (5) If the Immigration Division orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, it shall also impose the prescribed conditions on the person.

    • Marginal note:Duration of conditions

      (6) The prescribed conditions imposed under subsection (5) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.

  • (b) every reference to subsection 58(4) in section 31 of this Act is replaced by a reference to subsection 58(5).

• (8) If section 23 of this Act comes into force before subsection 26(2) of the other Act, then

  • (a) that subsection 26(2) is deemed never to have come into force and is repealed;

  • (b) section 58 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (3):

    • Marginal note:Conditions — designated foreign national

      (3.1) If the Immigration Division orders the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, it shall also impose any condition that is prescribed.

  • (c) every reference to subsection 58(4) in the following provisions of the Immigration and Refugee Protection Act is replaced by a reference to subsection 58(3.1):

    • (i) paragraph 11(1.3)(a), as enacted by section 5 of the other Act,

    • (ii) paragraph 20.2(3)(a), as enacted by section 10 of the other Act,

    • (iii) paragraph 24(7)(a), as enacted by section 12 of the other Act, and

    • (iv) paragraph 25(1.03)(a), as enacted by subsection 13(1) of the other Act.

• (9) If subsection 26(2) of the other Act comes into force on the same day as section 23 of this Act, then that subsection 26(2) is deemed to have come into force before that section 23 and subsection (7) applies as a consequence.

• (10) On the first day on which both section 27 of the other Act and section 23 of this Act are in force, section 58.1 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (3):

  • Marginal note:Conditions — inadmissibility on grounds of security

    (4) If the Minister orders the release of a designated foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the Minister must also impose the prescribed conditions on the person.

  • Marginal note:Duration of conditions

    (5) The prescribed conditions imposed under subsection (4) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.

• (11) On the first day on which both section 28 of the other Act and section 23 of this Act are in force, section 61 of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (a.2):

  • (a.3) the conditions that an officer, the Immigration Division or the Minister must impose with respect to the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security or a removal order for inadmissibility on grounds of security;

Marginal note:Bill C-38

• 37. (1) Subsections (2) to (4) apply if Bill C-38, introduced in the 1st session of the 41st Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (referred to in this section as the “other Act”), receives royal assent.

• (2) If section 705 of the other Act comes into force before section 12 of this Act, then

  • (a) that section 12 is deemed never to have come into force and is repealed; and

  • (b) paragraphs 32(d.1) to (d.3) of the Immigration and Refugee Protection Act are replaced by the following:

    • (d.1) the conditions that must or may be imposed, individually or by class, on individ- uals and entities — including employers and educational institutions — in respect of permanent residents and foreign nationals, or that must or may be varied or cancelled;

    • (d.2) the power to inspect, including the power to require documents to be provided for inspection, for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);

    • (d.3) the consequences of a failure to comply with the conditions referred to in paragraphs (d) and (d.1);

• (3) If section 12 of this Act comes into force before section 705 of the other Act, that section 705 is deemed never to have come into force and is repealed.

• (4) If section 705 of the other Act and section 12 of this Act come into force on the same day, then that section 12 is deemed to have come into force before that section 705 and subsection (3) applies as a consequence.

COMING INTO FORCE

Marginal note:Order in council

• 38. (1) Sections 6 to 8, 16, 17 and 20 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 19, 22, 23, 25 to 27, 30, 31, 34 and 35 come into force on a day to be fixed by order of the Governor in Council.