PART 3Enforcement (continued)
Prosecution of Offences (continued)
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.
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.
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.
(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.
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.
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.
(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.
(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.
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.
- 2001, c. 27, s. 142
- 2015, c. 3, s. 116(F)
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.
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.
(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.
(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;
(b.1) the amount of a penalty imposed under any regulation made under paragraph 32(d.4);
(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.
- 2001, c. 27, s. 145
- 2014, c. 20, s. 304
Collection of Debts Due to Her Majesty
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:Minister of Employment and Social Development
(1.1) When a penalty is imposed as a result of the Minister of Employment and Social Development exercising a power conferred on him or her by regulation made under paragraph 32(d.4), that Minister is responsible for the recovery of the debt referred to in paragraph 145(1)(b.1).
(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.
(3) The costs of registering the certificate are recoverable in the same manner as if they had been included in the certificate.
- 2001, c. 27, s. 146
- 2014, c. 20, s. 305
147 (1) If the Minister is of the opinion that a person is or is about to become liable to make a payment to a person liable to make a payment under this Act, the Minister may, by written notice, order the first person to pay to the Receiver General, on account of the second person’s liability, all or part of the money otherwise payable to the second person.
Marginal note:Applicability to future payments
(2) If the Minister, under subsection (1), orders an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,
(a) the order is applicable to all future payments of remuneration until the liability is satisfied; and
(b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Minister stipulates in the notice.
Marginal note:Discharge of liability
(3) The receipt of the Minister is a good and sufficient discharge of the original liability to the extent of the payment.
(4) The regulations may provide for any matter relating to the application of this section.
Marginal note:Obligation of operators of vehicles and facilities
148 (1) A person who owns or operates a vehicle or a transportation facility, and an agent for such a person, must, in accordance with the regulations,
(a) not carry to Canada a person who is prescribed or does not hold a prescribed document, or whom an officer directs not to be carried;
(b) hold the prescribed documentation of a person whom it carries to Canada until an examination begins, present the person for examination and hold the person until the examination is completed;
(c) arrange for a medical examination and medical treatment and observation of a person it carries to Canada;
(d) provide prescribed information, including documentation and reports;
(e) provide facilities for the holding and examination of persons being carried to Canada;
(f) carry from Canada a person whom it has carried to or caused to enter Canada and who is prescribed or whom an officer directs to be carried;
(g) pay for all prescribed costs and fees relating to paragraphs (a), (b), (c) and (f); and
(h) provide security for compliance with its obligations under paragraphs (a) to (g).
Marginal note:Seizure of security for compliance
(2) If a person who owns or operates a vehicle or a transportation facility, or an agent of such a person, fails to comply with an obligation under this Act, all or part of any security provided by the person and any vehicle or other prescribed good owned or operated by the person may be detained, seized or forfeited to Her Majesty in right of Canada.
- 2001, c. 27, s. 148
- 2017, c. 26, s. 45
Marginal note:Use of information
149 The following provisions govern information provided under paragraph 148(1)(d):
(a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and
(b) notice regarding use of the information must be given to the person to whom it relates.
- 2001, c. 27, s. 149
- 2004, c. 15, s. 71
150 The regulations may provide for any matter relating to the purposes of sections 148 and 149, may define, for the purposes of this Act, terms used in those sections and may include provisions respecting
(a) the requirements and procedures applicable to a person who owns or operates a vehicle or a transportation facility;
(b) the costs and fees for which a person who owns or operates a vehicle or a transportation facility is liable;
(c) the procedures to be followed when a vehicle or other security is detained, seized, forfeited to Her Majesty in right of Canada or returned; and
(d) the procedures by which a person may make claim that their interest in a vehicle or other good is not affected by it being detained, seized or forfeited to Her Majesty in right of Canada.
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