PART 3Enforcement (continued)
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
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
Debt Due to Her Majesty
Marginal note:Debts due
(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
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
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