Immigration and Refugee Protection Act
Sections and provisions with full text and the judgments that cite each one.
Section 132
[Repealed, 2001, c. 32, s. 81]
Section 133 — Deferral
A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section…
Section 133.1 — Limitation period for summary conviction offences
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…
Section 134 — Defence — incorporation by reference
No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the…
Section 135 — Offences outside Canada
An act or omission that would by reason of this Act be punishable as an offence if committed in Canada is, if committed outside Canada, an offence under this Act and may be tried and punished in…
Section 136 — Venue
A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged…
Section 137 — Forfeiture
A court that convicts a person of an offence under this Act may, in addition to any other punishment imposed, order that any offence-related property seized in relation to the offence be forfeited to…
Section 138 — Powers of peace officer
An officer, if so authorized, has the authority and powers of a peace officer — including those set out in sections 487 to 492.2 of the Criminal Code — to enforce this Act, including any of its…
Section 139 — Search
An officer may search any person seeking to come into Canada and may search their luggage and personal effects and the means of transportation that conveyed the person to Canada if the officer…
Section 140 — Seizure
An officer may seize and hold any means of transportation, document or other thing if the officer believes on reasonable grounds that it was fraudulently or improperly obtained or used or that the…
Section 141 — Oaths and evidence
Every officer has the authority to administer oaths and to take and receive evidence under oath on any matter arising out of this Act.
Section 142 — Duties of peace officers to execute orders
Every peace officer and every person in immediate charge or control of an immigrant station shall, when so directed by an officer, execute any warrant or written order issued under this Act for the…
Section 143 — Authority to execute warrants and orders
A warrant issued or an order to detain made under this Act is, notwithstanding any other law, sufficient authority to the person to whom it is addressed or who may receive and execute it to arrest…
Section 144 — Prosecution of designated offences
In addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced in accordance with this…
Section 145 — Debts due
The following amounts are debts due to Her Majesty in right of Canada payable on demand: a debt incurred by Her Majesty for which any person is liable under this Act; an amount that a person has…
Section 146 — Certificates
An amount or part of an amount payable under this Act that has not been paid may be certified by the Minister without delay, if the Minister is of the opinion that the person liable for that amount…
Section 147 — Garnishment
If the Minister is of the opinion that a person is or is about to become liable to make a payment to a person liable to make a payment under this Act, the Minister may, by written notice, order the…
Section 148 — Obligation of operators of vehicles and facilities
A person who owns or operates a vehicle or a transportation facility, and an agent for such a person, must, in accordance with the regulations, not carry to Canada a person who is prescribed or does…
Section 149 — Use of information
The following provisions govern information provided under paragraph 148(1)(d): the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or…
Section 150 — Regulations
The regulations may provide for any matter relating to the purposes of sections 148 and 149, may define, for the purposes of this Act, terms used in those sections and may include provisions…
Section 150.1 — Regulations
The regulations may provide for any matter relating to the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for…
Section 151 — Immigration and Refugee Board
The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.
Section 152 — Composition
The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.
Section 152.1 — Oath or affirmation of office
The Chairperson and other members of the Board must swear the oath or give the solemn affirmation of office set out in the rules of the Board.
Section 153 — Chairperson and other members
The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not…
Section 154 — Disposition after member ceases to hold office
A former member of the Board, within eight weeks after ceasing to be a member, may make or take part in a decision on a matter that they heard as a member, if the Chairperson so requests. For that…
Section 155 — Disposition if member unable to take part
If a member of a three-member panel is unable to take part in the disposition of a matter that the member has heard, the remaining members may make the disposition and, for that purpose, are deemed…
Section 156 — Immunity and no summons
The following rules apply to the Chairperson and the members in respect of the exercise or purported exercise of their functions under this Act: no criminal or civil proceedings lie against them for…
Section 157 — Head office
The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act . The Chairperson must live in the National Capital Region or within…
Section 158 — Personnel
The Executive Director and other personnel necessary for the proper conduct of the business of the Board shall be appointed in accordance with the Public Service Employment Act , and the personnel…
Section 159 — Chairperson
The Chairperson is, by virtue of holding that office, a member of each Division of the Board and is the chief executive officer of the Board. In that capacity, the Chairperson has supervision over…
Section 160 — Absence, incapacity or vacancy
In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Minister may authorize one of the Deputy Chairpersons or any other member of the Board to…
Section 161 — Rules
Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting the referral of a claim for refugee protection to the…
Section 162 — Sole and exclusive jurisdiction
Each Division of the Board has, in respect of proceedings brought before it under this Act, sole and exclusive jurisdiction to hear and determine all questions of law and fact, including questions of…
Section 163 — Composition of panels
Matters before a Division shall be conducted before a single member unless, except for matters before the Immigration Division, the Chairperson is of the opinion that a panel of three members should…
Section 164 — Presence of parties
Where a hearing is held by a Division, it may, in the Division’s discretion, be conducted in the presence of, or by a means of live telecommunication with, the person who is the subject of the…
Section 165 — Powers of a commissioner
The Refugee Protection Division, the Refugee Appeal Division and the Immigration Division and each member of those Divisions have the powers and authority of a commissioner appointed under Part I of…
Section 166 — Proceedings — all Divisions
Proceedings before a Division are to be conducted as follows: subject to the other provisions of this section, proceedings must be held in public; on application or on its own initiative, the…
Section 167 — Right to counsel
A person who is the subject of proceedings before any Division of the Board and the Minister may, at their own expense, be represented by legal or other counsel. If a person who is the subject of…
Section 168 — Abandonment of proceeding
A Division may determine that a proceeding before it has been abandoned if the Division is of the opinion that the applicant is in default in the proceedings, including by failing to appear for a…
Section 169 — Decisions and reasons
In the case of a decision of a Division, other than an interlocutory decision: the decision takes effect in accordance with the rules; reasons for the decision must be given; the decision may be…
Section 169.1 — Composition
The Refugee Protection Division consists of the Deputy Chairperson, Assistant Deputy Chairpersons and other members, including coordinating members, necessary to carry out its functions. The members…
Section 170 — Proceedings
The Refugee Protection Division, in any proceeding before it, may inquire into any matter that it considers relevant to establishing whether a claim is well-founded; must hold a hearing; must notify…
Section 170.2 — No reopening of claim or application
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…
Section 171 — Proceedings
In the case of a proceeding of the Refugee Appeal Division, the Division must give notice of any hearing to the Minister and to the person who is the subject of the appeal; subject to subsection…
Section 171.1 — No reopening of appeal
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…
Section 172 — Composition
The Immigration Division consists of the Deputy Chairperson, Assistant Deputy Chairpersons and other members necessary to carry out its functions. The members of the Immigration Division are…
Section 173 — Proceedings
The Immigration Division, in any proceeding before it, must, where practicable, hold a hearing; must give notice of the proceeding to the Minister and to the person who is the subject of the…
Section 174 — Court of record
The Immigration Appeal Division is a court of record and shall have an official seal, which shall be judicially noticed. The Immigration Appeal Division has all the powers, rights and privileges…
Section 175 — Proceedings
The Immigration Appeal Division, in any proceeding before it, must, in the case of an appeal under subsection 63(4), hold a hearing; is not bound by any legal or technical rules of evidence; and may…