PART 3Enforcement (continued)
Offences Related to Documents (continued)
Marginal note:Aggravating factors
(2) The court, in determining the penalty to be imposed, shall take into account whether
- 2001, c. 27, s. 123;
- 2012, c. 17, s. 44.
Marginal note:Contravention of Act
(a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;
(b) escapes or attempts to escape from lawful custody or detention under this Act; or
(c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.
Marginal note:Deemed knowledge
(2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.
Marginal note:Due diligence defence
(3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.
125 A person who commits an offence under subsection 124(1) is liable
(a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Counselling misrepresentation
126 Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence.
127 No person shall knowingly
(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.
- 2001, c. 27, s. 127;
- 2015, c. 3, s. 115(F).
128 A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.
Marginal note:Offences relating to officers
(a) being an officer or an employee of the Government of Canada, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter under this Act or knowingly fails to perform their duties under this Act;
(b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, an officer to induce the officer not to perform their duties under this Act;
(c) falsely personates an officer or by any act or omission leads any person to believe that the person is an officer; or
(d) obstructs or impedes an officer in the performance of the officer’s duties under this Act.
(2) Every person who is guilty of an offence under subsection (1) is liable
130 [Repealed, 2001, c. 32, s. 81]
Marginal note:Counselling offence
131 Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.
- 2001, c. 27, s. 131, c. 32, s. 81;
- 2012, c. 17, s. 45(F).
132 [Repealed, 2001, c. 32, s. 81]
Prosecution of Offences
133 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.
Marginal note:Limitation period for summary conviction offences
133.1 (1) A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose.
(2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.
- 2011, c. 8, s. 3;
- 2012, c. 17, s. 46.
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
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.
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