Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Garnishment

• 147 (1) 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 first person to pay to the Receiver General, on account of the second person’s liability, all or part of the money otherwise payable to the second person.

• Marginal note:Applicability to future payments

  (2) If the Minister, under subsection (1), orders an employer to pay to the Receiver General money otherwise payable to an employee as remuneration,

  • (a) the order is applicable to all future payments of remuneration until the liability is satisfied; and

  • (b) the employer shall pay to the Receiver General out of each payment of remuneration the amount that the Minister stipulates in the notice.

• Marginal note:Discharge of liability

  (3) The receipt of the Minister is a good and sufficient discharge of the original liability to the extent of the payment.

• Marginal note:Regulations

  (4) The regulations may provide for any matter relating to the application of this section.

Transportation Companies

Marginal note:Obligation of operators of vehicles and facilities

• 148 (1) 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,

  • (a) not carry to Canada a person who is prescribed or does not hold a prescribed document, or whom an officer directs not to be carried;

  • (b) hold the prescribed documentation of a person whom it carries to Canada until an examination begins, present the person for examination and hold the person until the examination is completed;

  • (c) arrange for a medical examination and medical treatment and observation of a person it carries to Canada;

  • (d) provide prescribed information, including documentation and reports;

  • (e) provide facilities for the holding and examination of persons being carried to Canada;

  • (f) carry from Canada a person whom it has carried to or caused to enter Canada and who is prescribed or whom an officer directs to be carried;

  • (g) pay for all prescribed costs and fees relating to paragraphs (a), (b), (c) and (f); and

  • (h) provide security for compliance with its obligations under paragraphs (a) to (g).

• Marginal note:Seizure of security for compliance

  (2) If a person who owns or operates a vehicle or a transportation facility, or an agent of such a person, fails to comply with an obligation under this Act, all or part of any security provided by the person and any vehicle or other prescribed good owned or operated by the person may be detained, seized or forfeited to Her Majesty in right of Canada.

Marginal note:Use of information

149 The following provisions govern information provided under paragraph 148(1)(d):

• (a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and

• (b) notice regarding use of the information must be given to the person to whom it relates.

Marginal note:Regulations

150 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 respecting

• (a) the requirements and procedures applicable to a person who owns or operates a vehicle or a transportation facility;

• (b) the costs and fees for which a person who owns or operates a vehicle or a transportation facility is liable;

• (c) the procedures to be followed when a vehicle or other security is detained, seized, forfeited to Her Majesty in right of Canada or returned; and

• (d) the procedures by which a person may make claim that their interest in a vehicle or other good is not affected by it being detained, seized or forfeited to Her Majesty in right of Canada.

Sharing of Information

Marginal note:Regulations

• 150.1 (1) The regulations may provide for any matter relating to

  • (a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;

  • (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 or 5.1 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act;

  • (c) the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 91(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications;

  • (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and

  • (e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.

• Marginal note:Conditions

  (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

PART 4Immigration and Refugee Board

Composition of Board

Marginal note:Immigration and Refugee Board

151 The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.

Marginal note:Composition

152 The Board is composed of a Chairperson and other members as are required to ensure the proper functioning of the Board.

Marginal note:Oath or affirmation of office

152.1 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.

Marginal note:Chairperson and other members

• 153 (1) The Chairperson and members of the Refugee Appeal Division and Immigration Appeal Division

  • (a) are appointed to the Board by the Governor in Council, to hold office during good behaviour for a term not exceeding seven years, subject to removal by the Governor in Council at any time for cause, to serve in a regional or district office of the Board;

  • (b) [Repealed, 2010, c. 8, s. 18]

  • (c) are eligible for reappointment in the same or another capacity;

  • (d) shall receive the remuneration that may be fixed by the Governor in Council;

  • (e) are entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties, in the case of a full-time member, from their ordinary place of work or, in the case of a part-time member, while absent from their ordinary place of residence;

  • (f) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act;

  • (g) may not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions under this Act; and

  • (h) if appointed as full-time members, must devote the whole of their time to the performance of their duties under this Act.

• (1.1) [Repealed, 2012, c. 17, s. 84]

• Marginal note:Deputy Chairperson and Assistant Deputy Chairpersons

  (2) One Deputy Chairperson for each Division referred to in subsection (1) and not more than 10 Assistant Deputy Chairpersons are to be designated by the Governor in Council from among the full-time members of those Divisions.

• Marginal note:Full-time and part-time appointments

  (3) The Chairperson and the Deputy Chairpersons and Assistant Deputy Chairpersons of the Divisions referred to in subsection (1) are appointed on a full-time basis and the other members are appointed on a full-time or part-time basis.

• Marginal note:Qualification

  (4) The Deputy Chairperson of the Immigration Appeal Division and a majority of the Assistant Deputy Chairpersons of that Division and at least 10 per cent of the members of the Divisions referred to in subsection (1) must be members of at least five years standing at the bar of a province or notaries of at least five years standing at the Chambre des notaires du Québec.

Marginal note:Disposition after member ceases to hold office

154 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 purpose, the former member is deemed to be a member.

Marginal note:Disposition if member unable to take part

155 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 to constitute the applicable Division.

Marginal note:Immunity and no summons

156 The following rules apply to the Chairperson and the members in respect of the exercise or purported exercise of their functions under this Act:

• (a) no criminal or civil proceedings lie against them for anything done or omitted to be done in good faith; and

• (b) they are not competent or compellable to appear as a witness in any civil proceedings.

Head Office and Staff

Marginal note:Head office

• 157 (1) The head office of the Board shall be in the National Capital Region as described in the schedule to the National Capital Act.

• Marginal note:Residence — Chairperson

  (2) The Chairperson must live in the National Capital Region or within reasonable commuting distance of it.

Marginal note:Personnel

158 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 are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Duties of Chairperson

Marginal note:Chairperson

• 159 (1) 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

  • (a) has supervision over and direction of the work and staff of the Board;

  • (b) may at any time assign a member appointed under paragraph 153(1)(a) to the Refugee Appeal Division or the Immigration Appeal Division;

  • (c) may at any time, despite paragraph 153(1)(a), assign a member of the Refugee Appeal Division or the Immigration Appeal Division to work in another regional or district office to satisfy operational requirements, but an assignment may not exceed 120 days without the approval of the Governor in Council;

  • (d) may designate, from among the full-time members appointed under paragraph 153(1)(a), coordinating members for the Refugee Appeal Division or the Immigration Appeal Division;

  • (e) assigns administrative functions to the members of the Board;

  • (f) apportions work among the members of the Board and fixes the place, date and time of proceedings;

  • (g) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay;

  • (h) may issue guidelines in writing to members of the Board and identify decisions of the Board as jurisprudential guides, after consulting with the Deputy Chairpersons, to assist members in carrying out their duties; and

  • (i) may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having special knowledge to assist the Divisions in any matter.

• Marginal note:Delegation

  (2) The Chairperson may delegate any of his or her powers under this Act to a member of the Board, except that

  • (a) powers referred to in subsection 161(1) may not be delegated;

  • (b) powers referred to in paragraphs (1)(a) and (i) may be delegated to the Executive Director of the Board;

  • (c) powers in relation to the Immigration Appeal Division and the Refugee Appeal Division may only be delegated to the Deputy Chairperson, the Assistant Deputy Chairpersons, or other members, including coordinating members, of either of those Divisions; and

  • (d) powers in relation to the Immigration Division or the Refugee Protection Division may only be delegated to the Deputy Chairperson, the Assistant Deputy Chairpersons or other members, including coordinating members, of that Division.

Marginal note:Absence, incapacity or vacancy

160 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 act as Chairperson.

Functioning of Board

Marginal note:Rules

• 161 (1) Subject to the approval of the Governor in Council, and in consultation with the Deputy Chairpersons, the Chairperson may make rules respecting

  • (a) the referral of a claim for refugee protection to the Refugee Protection Division;

  • (a.1) the factors to be taken into account in fixing or changing the date of the hearing referred to in subsection 100(4.1);

  • (a.2) the activities, practice and procedure of each of the Divisions of the Board, including the periods for appeal, other than in respect of appeals of decisions of the Refugee Protection Division, the priority to be given to proceedings, the notice that is required and the period in which notice must be given;

  • (b) the conduct of persons in proceedings before the Board, as well as the consequences of, and sanctions for, the breach of those rules;

  • (c) the information that may be required and the manner in which, and the time within which, it must be provided with respect to a proceeding before the Board; and

  • (d) any other matter considered by the Chairperson to require rules.

• Marginal note:Distinctions

  (1.1) The rules made under paragraph (1)(c) may distinguish among claimants for refugee protection who make their claims inside Canada on the basis of whether their claims are made at a port of entry or elsewhere or on the basis of whether they are nationals of a country that is, on the day on which their claim is made, a country designated under subsection 109.1(1).

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause a copy of any rule made under subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the approval of the rule by the Governor in Council.