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Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2019-11-19 and last amended on 2019-06-21. Previous Versions

PART 3Enforcement (continued)

Debt Due to Her Majesty

Marginal note:Debts due

  •  (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

Marginal note:Certificates

  •  (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).

  • Marginal note:Judgments

    (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.

  • Marginal note:Costs

    (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

Marginal note:Garnishment

  •  (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.

  • Marginal note:Regulations

    (4) The regulations may provide for any matter relating to the application of this section.

Transportation Companies

Marginal note:Obligation of operators of vehicles and facilities

  •  (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

 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

Marginal note:Regulations

 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.

Sharing of Information

Marginal note:Regulations

  •  (1) The regulations may provide for any matter relating to

    • (a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;

    • (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 or 5.1 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act;

    • (c) the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 91(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications;

    • (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and

    • (e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.

  • Marginal note:Conditions

    (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

  • 2004, c. 15, s. 72
  • 2005, c. 38, s. 119
  • 2011, c. 8, s. 4
  • 2012, c. 17, s. 47
  • 2014, c. 39, s. 313
  • 2015, c. 36, s. 174
 
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