Immigration and Refugee Protection Regulations

Marginal note:Transborder criminality

• 19 (1) For the purposes of subsection 36(2.1) of the Act, the prescribed offences are

  • (a) any indictable offence under the Criminal Code;

  • (b) any indictable offence under the Immigration and Refugee Protection Act;

  • (c) any offence under section 106, 107 or 110 of the Firearms Act;

  • (d) any offence under subsection 159(1) of the Customs Act with respect to the following goods:

    • (i) child pornography, as defined in subsection 163.1(1) of the Criminal Code,

    • (ii) an automatic firearm, imitation firearm, non-restricted firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm or restricted weapon, as those terms are defined in subsection 84(1) of the Criminal Code,

    • (iii) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act or a device listed in Schedule IX of that Act, or

    • (iv) cannabis, as defined in subsection 2(1) of the Cannabis Act;

  • (e) any offence under subsection 160(1) of the Customs Act that is

    • (i) a contravention of section 12 of that Act with respect to the following goods:

      • (A) child pornography, as defined in subsection 163.1(1) of the Criminal Code,

      • (B) an automatic firearm, imitation firearm, non-restricted firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm or restricted weapon, as those terms are defined in subsection 84(1) of the Criminal Code, or

      • (C) a substance listed in any of Schedules I to VI of the Controlled Drugs and Substances Act, or

    • (ii) a contravention of section 156 of the Customs Act;

  • (f) any offence under section 4, 5, 6 or 7.1 of the Controlled Drugs and Substances Act or any offence under section 46 of that Act that is a contravention of subsection 46.3(1) of that Act; and

  • (g) any offence under Division 1 of Part 1 of the Cannabis Act, except an offence under section 12 of that Act.

• Marginal note:Punishable by way of indictment

  (2) For the purposes of paragraphs (1)(a) and (b), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.