Protecting Canada’s Immigration System Act (S.C. 2012, c. 17)
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Assented to 2012-06-28
2001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Marginal note:2010, c. 8, s. 14
37. Subsection 111(1.1) of the Act is repealed.
Marginal note:2010, c. 8, s. 15(3)
38. (1) Paragraph 112(2)(b.1) of the Act is replaced by the following:
(b.1) subject to subsection (2.1), less than 12 months, or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months, have passed since their claim for refugee protection was last rejected — unless it was deemed to be rejected under subsection 109(3) or was rejected on the basis of section E or F of Article 1 of the Refugee Convention — or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division;
(1.1) Paragraphs 112(2)(c) and (d) of the Act are replaced by the following:
(c) less than 12 months have passed since their last application for protection was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Minister.
(2) Paragraph 112(3)(b) of the Act is replaced by the following:
(b) is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years or with respect to a conviction outside Canada for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years;
39. (1) The portion of paragraph 113(d) of the Act before subparagraph (i) is replaced by the following:
(d) in the case of an applicant described in subsection 112(3) — other than one described in subparagraph (e)(i) or (ii) — consideration shall be on the basis of the factors set out in section 97 and
(2) Section 113 of the Act is amended by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) in the case of the following applicants, consideration shall be on the basis of sections 96 to 98 and subparagraph (d)(i) or (ii), as the case may be:
(i) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and
(ii) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, unless they are found to be a person referred to in section F of Article 1 of the Refugee Convention.
40. The Act is amended by adding the following after section 113:
Marginal note:Regulations
113.1 The regulations may include provisions respecting the time limits for the making of a decision by the Refugee Protection Division with respect to an application for protection, the extension of those time limits and the circumstances in which they do not apply.
41. (1) Subsection 117(1) of the Act is replaced by the following:
Marginal note:Organizing entry into Canada
117. (1) No person shall organize, induce, aid or abet the coming into Canada of one or more persons knowing that, or being reckless as to whether, their coming into Canada is or would be in contravention of this Act.
(2) The portion of subsection 117(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Peines
(2) Quiconque contrevient au paragraphe (1) relativement à moins de dix personnes commet une infraction et est passible, sur déclaration de culpabilité :
(3) Subsection 117(3) of the French version of the Act is replaced by the following:
Marginal note:Peines
(3) Quiconque contrevient au paragraphe (1) relativement à un groupe de dix personnes et plus commet une infraction et est passible, sur déclaration de culpabilité par mise en accusation, d’une amende maximale de un million de dollars et de l’emprisonnement à perpétuité, ou de l’une de ces peines.
(4) Section 117 of the Act is amended by adding the following after subsection (3):
Marginal note:Minimum penalty — fewer than 50 persons
(3.1) A person who is convicted on indictment of an offence under subsection (2) or (3) with respect to fewer than 50 persons is also liable to a minimum punishment of imprisonment for a term of
(a) three years, if either
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or
(b) five years, if both
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.
Marginal note:Minimum penalty — 50 persons or more
(3.2) A person who is convicted of an offence under subsection (3) with respect to a group of 50 persons or more is also liable to a minimum punishment of imprisonment for a term of
(a) five years, if either
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, or
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group; or
(b) 10 years, if both
(i) the person, in committing the offence, endangered the life or safety of, or caused bodily harm or death to, any of the persons with respect to whom the offence was committed, and
(ii) the commission of the offence was for profit, or was for the benefit of, at the direction of or in association with a criminal organization or terrorist group.
42. (1) The portion of subsection 121(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Aggravating factors
121. (1) The court, in determining the penalty to be imposed under section 120, shall take into account whether
(a) bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence;
(2) Paragraph 121(1)(d) of the French version of the Act is replaced by the following:
d) par suite de la perpétration de l’infraction, une personne a été soumise à un traitement dégradant ou attentatoire à la dignité humaine, notamment en ce qui touche les activités professionnelles, la santé ou l’exploitation sexuelle.
(3) Subsection 121(2) of the Act is repealed.
43. The Act is amended by adding the following after section 121:
Definition of “criminal organization”
121.1 (1) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), “criminal organization” means a criminal organization as defined in subsection 467.1(1) of the Criminal Code.
Definition of “terrorist group”
(2) For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), “terrorist group” means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.
44. (1) The portion of subsection 123(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Circonstances aggravantes
(2) Le tribunal tient compte dans l’infliction de la peine des circonstances suivantes :
(2) Paragraph 123(2)(a) of the Act is replaced by the following:
(a) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization as defined in subsection 121.1(1); and
Marginal note:2001, c. 32, par. 81(3)(b)
45. Section 131 of the French version of the Act is replaced by the following:
Marginal note:Aide
131. Commet une infraction quiconque, sciemment, incite, aide ou encourage ou tente d’inciter, d’aider ou d’encourager une personne à commettre toute infraction visée aux articles 117, 118, 119, 122, 124 ou 129 ou lui conseille de la commettre; l’auteur est passible, sur déclaration de culpabilité, de la peine prévue à la disposition en cause.
Marginal note:2011, c. 8, s. 3
46. Section 133.1 of the Act is replaced by the following:
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.
Marginal note:Application
(2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.
Marginal note:2005, c. 38, s. 119(1)
47. (1) Paragraph 150.1(1)(b) of the Act is replaced by the following:
(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;
(2) Subsection 150.1(1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is provided to it under this Act for the enforcement of any law of Canada or a province.
48. Section 153 of the Act is amended by adding the following after subsection (1):
Marginal note:Public Service Employment Act
(1.1) A member of the Refugee Protection Division may be appointed in accordance with the Public Service Employment Act rather than under paragraph (1)(a).
49. Section 161 of the Act is amended by adding the following after subsection (1):
Marginal note:Distinctions
(1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere.
Marginal note:2008, c. 3, s. 5(2)(E)
50. (1) Paragraph 166(c) of the Act is replaced by the following:
(c) subject to paragraph (d), proceedings before the Refugee Protection Division and the Refugee Appeal Division must be held in the absence of the public;
(c.1) subject to paragraph (d), proceedings before the Immigration Division must be held in the absence of the public if they concern a person who is the subject of a proceeding before the Refugee Protection Division or the Refugee Appeal Division that is pending or who has made an application for protection to the Minister that is pending;
(2) Paragraph 166(d) of the French version of the Act is replaced by the following:
d) sur demande ou d’office, la publicité des débats peut être accordée, assortie de toute mesure jugée nécessaire pour en assurer la confidentialité, sur preuve, après examen de toutes les solutions de rechange à la disposition de la section et des facteurs visés à l’alinéa b), qu’il est indiqué de le faire;
(3) Paragraph 166(e) of the Act is replaced by the following:
(e) despite paragraphs (b) to (c.1), a representative or agent of the United Nations High Commissioner for Refugees is entitled to observe proceedings concerning a protected person or a person who has made a claim for refugee protection or an application for protection; and
51. The Act is amended by adding the following before the heading before section 171:
Marginal note:No reopening of claim or application
170.2 The Refugee Protection Division does not have jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — a claim for refugee protection, an application for protection or an application for cessation or vacation, in respect of which the Refugee Appeal Division or the Federal Court, as the case may be, has made a final determination.
Marginal note:2010, c. 8, s. 28(1)
52. Paragraph 171(a.4) of the Act is replaced by the following:
(a.4) the Minister may, at any time before the Division makes a decision, after giving notice to the Division and to the person who is the subject of the appeal, intervene in the appeal;
(a.5) the Minister may, at any time before the Division makes a decision, submit documentary evidence and make written submissions in support of the Minister’s appeal or intervention in the appeal;
53. The Act is amended by adding the following after section 171:
Marginal note:No reopening of appeal
171.1 The Refugee Appeal Division does not have jurisdiction to reopen on any ground — including a failure to observe a principle of natural justice — an appeal in respect of which the Federal Court has made a final determination.
54. The Act is amended by adding the following after section 201:
Marginal note:Subsection 15(1) of Balanced Refugee Reform Act
201.1 The regulations may provide for measures regarding the transition — in respect of an application for protection — between this Act, as it read immediately before the day on which subsection 15(1) of the Balanced Refugee Reform Act comes into force, and this Act, as it read on the day on which that subsection comes into force.
Marginal note:2010, c. 8, s. 31
55. Section 275 of the Act is replaced by the following:
Marginal note:Order in council
275. Sections 73, 110, 111, 171, 194 and 195 come into force on a day to be fixed by order of the Governor in Council.
2010, c. 8BALANCED REFUGEE REFORM ACT
56. Subsection 11(2) of the Balanced Refugee Reform Act is amended by replacing the subsections 100(4) and (4.1) that it enacts with the following:
Marginal note:Documents and information to be provided
(4) A person who makes a claim for refugee protection inside Canada at a port of entry and whose claim is referred to the Refugee Protection Division must provide the Division, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules.
Marginal note:Date of hearing
(4.1) The referring officer must, in accordance with the regulations, the rules of the Board and any directions of the Chairperson of the Board, fix the date on which the claimant is to attend a hearing before the Refugee Protection Division.
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