Bill S-8
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S-8
Second Session, Thirty-sixth Parliament,
48 Elizabeth II, 1999
SENATE OF CANADA
BILL S-8
An Act to amend the Immigration Act
first reading, November 2, 1999
The Honourable Senator Ghitter
2490
Summary
This enactment re-enacts section 90.1 of the Immigration Act in order to enable the Governor in Council to bring it back into force. Although the section is identical to the section replaced, the replaced section ceased to have effect on July 1, 1989.
Section 90.1 allows the responsible Minister to direct that a vehicle not enter the internal waters of Canada or the territorial sea of Canada and, where a vehicle has entered, allows the Minister to direct that the vehicle be escorted to the nearest port.
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2nd Session, 36th Parliament,
48 Elizabeth II, 1999
senate of canada
BILL S-8
An Act to amend the Immigration Act
R.S., c. I-2; R.S., c. 31 (1st Supp.), cc. 10, 46 (2nd Supp.), c. 30 (3rd Supp.), cc. 1, c. 28, 29, 30 (4th Supp.); 1990, cc. 8, 16, 17, 38, 44; 1992, cc. 1, 47, 49, 51; 1993, c. 28; 1994, cc. 26, 31; 1995, cc. 5, 15; 1996, cc. 8, 11, 16, 19; 1997, c. 22; 1998, c. 30
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. 29 (4th Supp.), s. 8
1. Section 90.1 of the Immigration Act is replaced by the following:
Directions not to enter Canada’s waters
90.1 (1) Subject to subsection (2), where the Minister believes on reasonable grounds that a vehicle within twelve nautical miles of the outer limit of the territorial sea of Canada is bringing any person into Canada in contravention of this Act or the regulations, the Minister may direct the vehicle not to enter the internal waters of Canada or the territorial sea of Canada, as the case may be, and any such direction may be enforced by such force as is reasonable in the circumstances.
Conditions
(2) The Minister may make a direction under subsection (1) where the Minister is satisfied that
(a) the vehicle can return to its port of embarkation without endangering the lives of its passengers;
(b) all passengers who seek Convention refugee status and are nationals or citizens of the country where the vehicle embarked them have been removed from the vehicle and brought into Canada;
(c) the country where the vehicle embarked its passengers is a signatory to the Convention and complies with Article 33 thereof; and
(d) the country would allow the passengers to return to that country or to have the merits of their claims to Convention refugee status determined therein.
Direction that vehicle be escorted to port
(3) Where the Minister believes on reasonable grounds that a vehicle within
(a) the internal waters of Canada, or
(b) the territorial sea of Canada
is bringing any person into Canada in contravention of this Act or the regulations, the Minister may direct that the vehicle be escorted to the nearest port of disembarkation and any such direction may be enforced by such force as is reasonably necessary.
Certificate is conclusive proof
(4) For the purposes of this section, a certificate issued by or under the authority of the Secretary of State for External Affairs containing a statement that any geographic location specified in the certificate was, at any time referred to therein, within
(a) the internal waters of Canada,
(b) the territorial sea of Canada, or
(c) twelve nautical miles of the outer limit of the territorial sea of Canada
is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.
Definitions
(5) The following definitions apply in this section.
“Convention”
« Convention »
« Convention »
“Convention” means the United Nations Convention Relating to the Status of Refugees signed at Geneva on July 28, 1951, and includes the Protocol thereto signed at New York City on January 31, 1967;
“internal waters of Canada”
« eaux intérieures du Canada »
« eaux intérieures du Canada »
“internal waters of Canada” has the meaning assigned to that term by subsection 3(2) of the Territorial Sea and Fishing Zones Act;
“territorial sea of Canada”
« mer territoriale du Canada »
« mer territoriale du Canada »
“territorial sea of Canada” has the meaning assigned to that term by subsection 3(1) of the Territorial Sea and Fishing Zones Act;
“vehicle”
« véhicule »
« véhicule »
“vehicle” means a vehicle used for transportation by sea.
Coming into force
2. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Senate of Canada