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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. Economic immigration

Sponsorship of Foreign Nationals

13. Right to sponsor family member

Regulations

14. Regulations

DIVISION 2

EXAMINATION

15. Examination by officer

16. Obligation - answer truthfully

17. Regulations

DIVISION 3

ENTERING AND REMAINING IN CANADA

Entering and Remaining

18. Examination by officer

19. Right of entry of citizens and Indians

20. Obligation on entry

Status and Authorization to Enter

21. Permanent resident

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

28. Residency obligation

29. Right of temporary residents

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

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

58. Release - Immigration Division

59. Incarcerated foreign nationals

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

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

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, 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

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