Bill C-11
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TABLE OF PROVISIONS |
| AN ACT RESPECTING IMMIGRATION TO CANADA AND
THE GRANTING OF REFUGEE PROTECTION TO PERSONS
WHO ARE DISPLACED, PERSECUTED OR IN DANGER
|
SHORT TITLE |
| 1. Short title
|
INTERPRETATION |
| 2. Definitions
|
OBJECTIVES AND APPLICATION |
| 3. Objectives - immigration
|
ENABLING AUTHORITY |
| 4. Minister
|
| 5. Regulations
|
| 6. Designation of officers
|
AGREEMENTS |
| 7. International agreements
|
| 8. Federal-provincial agreements
|
| 9. Sole provincial responsibility - permanent residents
|
| 10. Consultations with the provinces
|
PART 1 |
IMMIGRATION TO CANADA |
DIVISION 1 |
REQUIREMENTS BEFORE ENTERING CANADA AND SELECTION |
| Requirements Before Entering Canada
|
| 11. Application before entering Canada
|
| Selection of Permanent Residents
|
| 12. Family reunification
|
| Sponsorship of Foreign Nationals
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| 13. Right to sponsor family member
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| Regulations
|
| 14. Regulations
|
DIVISION 2 |
EXAMINATION |
| 15. Examination by officer
|
| 16. Obligation - answer truthfully
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| 17. Regulations
|
DIVISION 3 |
ENTERING AND REMAINING IN CANADA |
| Entering and Remaining
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| 18. Examination by officer
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| 19. Right of entry of citizens and Indians
|
| 20. Obligation on entry
|
| Status and Authorization to Enter
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| 21. Permanent resident
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| 22. Temporary resident
|
| 23. Entry to complete examination or hearing
|
| 24. Temporary resident permit
|
| 25. Humanitarian and compassionate considerations
|
| 26. Regulations
|
| Rights and Obligations of Permanent and Temporary Residents
|
| 27. Right of permanent residents
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| 28. Residency obligation
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| 29. Right of temporary residents
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| 30. Work and study in Canada
|
| Status Document
|
| 31. Status document
|
| Regulations
|
| 32. Regulations
|
DIVISION 4 |
INADMISSIBILITY |
| 33. Rules of interpretation
|
| 34. Security
|
| 35. Human or international rights violations
|
| 36. Serious criminality
|
| 37. Organized criminality
|
| 38. Health grounds
|
| 39. Financial reasons
|
| 40. Misrepresentation
|
| 41. Non-compliance with Act
|
| 42. Inadmissible family member
|
| 43. Regulations
|
DIVISION 5 |
LOSS OF STATUS AND REMOVAL |
| Report on Inadmissibility
|
| 44. Preparation of report
|
| Admissibility Hearing by the Immigration Division
|
| 45. Decision
|
| Loss of Status
|
| 46. Permanent resident
|
| 47. Temporary resident
|
| Enforcement of Removal Orders
|
| 48. Enforceable removal order
|
| 49. In force
|
| 50. Stay
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| 51. Void - permanent residence
|
| 52. No return without prescribed authorization
|
| Regulations
|
| 53. Regulations
|
DIVISION 6 |
DETENTION AND RELEASE |
| 54. Competent jurisdiction
|
| 55. Arrest and detention with warrant
|
| 56. Release - officer
|
| 57. Review of detention
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| 58. Release - Immigration Division
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| 59. Incarcerated foreign nationals
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| 60. Minor children
|
| 61. Regulations
|
DIVISION 7 |
RIGHT OF APPEAL |
| 62. Competent jurisdiction
|
| 63. Right to appeal - visa refusal of family class
|
| 64. No appeal for inadmissibility
|
| 65. Humanitarian and compassionate considerations
|
| 66. Disposition
|
| 67. Appeal allowed
|
| 68. Removal order stayed
|
| 69. Dismissal
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| 70. Decision binding
|
| 71. Reopening appeal
|
DIVISION 8 |
JUDICIAL REVIEW |
| 72. Application for judicial review
|
| 73. Right of Minister
|
| 74. Judicial review
|
| 75. Rules
|
DIVISION 9 |
PROTECTION OF INFORMATION |
| Examination on Request by the Minister and the Solicitor General
of Canada
|
| 76. Definitions
|
| 77. Referral of certificate
|
| 78. Judicial consideration
|
| 79. Proceedings suspended
|
| 80. Determination that certificate is reasonable
|
| 81. Effect of determination - removal order
|
| Detention
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| 82. Detention of permanent resident
|
| 83. Review of decision for detention
|
| 84. Release
|
| 85. Inconsistency
|
| Consideration During an Admissibility Hearing or an Immigration
Appeal
|
| 86. Application for non-disclosure - Immigration Appeal
Division
|
| Consideration During Judicial Review
|
| 87. Application for non-disclosure - Court
|
DIVISION 10 |
GENERAL PROVISIONS |
| Loans
|
| 88. Loans
|
| Fees
|
| 89. Regulations
|
| Social Insurance Number Cards
|
| 90. Minister directs special cards to be issued
|
| Representation
|
| 91. Regulations
|
| Material Incorporated in Regulations
|
| 92. Incorporated material
|
| 93. Statutory Instruments Act
|
| Report to Parliament
|
| 94. Annual report to Parliament
|
PART 2 |
REFUGEE PROTECTION |
DIVISION 1 |
REFUGEE PROTECTION, CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION |
| 95. Conferral of refugee protection
|
| 96. Convention refugee
|
| 97. Person in need of protection
|
| 98. Exclusion - Refugee Convention
|
DIVISION 2 |
CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION |
| Claim for Refugee Protection
|
| 99. Claim
|
| Examination of Eligibility to Refer Claim
|
| 100. Referral to Refugee Protection Division
|
| 101. Ineligibility
|
| 102. Regulations
|
| Suspension or Termination of Consideration of Claim
|
| 103. Suspension
|
| 104. Notice of ineligible claim
|
| Extradition Procedure
|
| 105. Suspension if proceeding under Extradition Act
|
| Claimant Without Identification
|
| 106. Credibility
|
| Decision on Claim for Refugee Protection
|
| 107. Decision
|
| Cessation of Refugee Protection
|
| 108. Rejection
|
| Applications to Vacate
|
| 109. Vacation of refugee protection
|
| Appeal to Refugee Appeal Division
|
| 110. Appeal
|
| 111. Decision
|
DIVISION 3 |
PRE-REMOVAL RISK ASSESSMENT |
| Protection
|
| 112. Application for protection
|
| 113. Consideration of application
|
| 114. Effect of decision
|
| Principle of Non-refoulement
|
| 115. Protection
|
| 116. Regulations
|
PART 3 |
ENFORCEMENT |
Human Smuggling and Trafficking |
| 117. Organizing entry into Canada
|
| 118. Offence - trafficking in persons
|
| 119. Disembarking persons at sea
|
| 120. Penalties
|
| 121. Aggravating factors
|
Offences Related to Documents |
| 122. Documents
|
| 123. Penalty
|
General Offences |
| 124. Contravention of Act
|
| 125. Penalties
|
| 126. Counselling misrepresentation
|
| 127. Misrepresentation
|
| 128. Penalties
|
| 129. Offences relating to officers
|
Proceeds of Crime |
| 130. Possession of property obtained by certain offences
|
| 131. Counselling offence
|
| 132. Part XII.2 of the Criminal Code applicable
|
Prosecution of Offences |
| 133. Deferral
|
| 134. Defence - incorporation by reference
|
| 135. Offences outside Canada
|
| 136. Venue
|
Forfeiture |
| 137. Forfeiture
|
Officers Authorized to Enforce Act |
| 138. Powers of peace officer
|
| 139. Search
|
| 140. Seizure
|
| 141. Oaths and evidence
|
Peace Officers |
| 142. Duties of peace officers to execute orders
|
| 143. Authority to execute warrants and orders
|
Ticketable Offences |
| 144. Prosecution of designated offences
|
Debt Due to Her Majesty |
| 145. Debts due
|
Collection of Debts Due to Her Majesty |
| 146. Certificates
|
| 147. Garnishment
|
Transportation Companies |
| 148. Obligation of operators of vehicles and facilities
|
| 149. Use of information
|
| 150. Regulations
|
PART 4 |
IMMIGRATION AND REFUGEE BOARD |
Composition of Board |
| 151. Immigration and Refugee Board
|
| 152. Composition
|
| 153. Chairperson and other members
|
| 154. Disposition after member ceases to hold office
|
| 155. Disposition if member unable to take part
|
| 156. Immunity and no summons
|
Head Office and Staff |
| 157. Head office
|
| 158. Personnel
|
Duties of Chairperson |
| 159. Chairperson
|
| 160. Absence, incapacity or vacancy
|
Functioning of Board |
| 161. Rules
|
Provisions that Apply to All Divisions |
| 162. Sole and exclusive jurisdiction
|
| 163. Composition of panels
|
| 164. Presence of parties
|
| 165. Powers of a commissioner
|
| 166. Proceedings - all Divisions
|
| 167. Right to counsel
|
| 168. Abandonment of proceeding
|
| 169. Decisions and reasons
|
Refugee Protection Division |
| 170. Proceedings
|
Refugee Appeal Division |
| 171. Proceedings
|
Immigration Division |
| 172. Composition
|
| 173. Proceedings
|
Immigration Appeal Division |
| 174. Court of record
|
| 175. Proceedings
|
Remedial and Disciplinary Measures |
| 176. Request
|
| 177. Measures
|
| 178. Appointment of inquirer
|
| 179. Powers
|
| 180. Staff
|
| 181. Exceptions to public hearing
|
| 182. Rules of evidence
|
| 183. Right to be heard
|
| 184. Report to Minister
|
| 185. Transmission of report to Governor in Council
|
| 186. Rights not affected
|
PART 5 |
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEALS AND COMING INTO FORCE |
Transitional Provisions |
| 187. Definition of ``former Act''
|
| 188. Continuation
|
| 189. Powers
|
| 190. Application of this Act
|
| 191. Convention Refugee Determination Division
|
| 192. Immigration Appeal Division
|
| 193. Continuation by Immigration Division
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| 194. Refugee Protection Division
|
| 195. Convention Refugee Determination Division
|
| 196. Appeals
|
| 197. Stays
|
| 198. Refugee Protection Division
|
| 199. Redetermination
|
| 200. Exclusion
|
| 201. Regulations
|
Consequential and Related Amendments |
| 202. Access to Information Act
|
| 203. Agricultural Marketing Programs Act
|
| 204-205. Animal Pedigree Act
|
| 206. Bank Act
|
| 207. Budget Implementation Act, 1998
|
| 208. Business Development Bank of Canada Act
|
| 209. Canada Business Corporations Act
|
| 210. Canada Customs and Revenue Agency Act
|
| 211-214. Canada Elections Act
|
| 215. Canada Labour Code
|
| 216-218. Canada Shipping Act
|
| 219. Canada Student Financial Assistance Act
|
| 220. Canada Student Loans Act
|
| 221-222. Canada Transportation Act
|
| 223-226. Canadian Security Intelligence Service Act
|
| 227. Chemical Weapons Convention Implementation Act
|
| 227.1-232. Citizenship Act
|
| 233. Comprehensive Nuclear Test-Ban Treaty
Implementation Act
|
| 234. Cooperative Credit Associations Act
|
| 235-241. Copyright Act
|
| 242-243. Corrections and Conditional Release Act
|
| 244-247. Criminal Code
|
| 248-249. Emergencies Act
|
| 250-252. Extradition Act
|
| 253. Foreign Publishers Advertising Services Act
|
| 254. Income Tax Act
|
| 255. Insurance Companies Act
|
| 256-258. International Centre for Human Rights and Democratic
Development Act
|
| 259. Investment Canada Act
|
| 260. Labour Adjustment Benefits Act
|
| 261. Mutual Legal Assistance in Criminal Matters Act
|
| 262. National Energy Board Act
|
| 263-267. Old Age Security Act
|
| 268. Pilotage Act
|
| 269. Privacy Act
|
| 270. Proceeds of Crime (Money Laundering) Act
|
| 271. Trade-marks Act
|
| 272. Trust and Loan Companies Act
|
| 273. Terminology
|
Coordinating Amendments |
| 273.1 Bill S-2
|
Repeals |
| 274. Repeals
|
Coming Into Force |
| 275. Coming into force
|
| SCHEDULE
|