Canadian Refugee Procedure/124-132 - General Offences
IRPA Sections 124-132
[edit | edit source]Sections 124-132 of the Immigration and Refugee Protection Act read:
General Offences Contravention of Act 124 (1) Every person commits an offence who (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act; (b) escapes or attempts to escape from lawful custody or detention under this Act; or (c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed. Deemed knowledge (2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized. Due diligence defence (3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence. Penalties 125 A person who commits an offence under subsection 124(1) is liable (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Counselling misrepresentation 126 Every person who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act is guilty of an offence. Misrepresentation 127 No person shall knowingly (a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act; (b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or (c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act. 2001, c. 27, s. 1272015, c. 3, s. 115(F) Penalties 128 A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both. Offences relating to officers 129 (1) Every person is guilty of an offence who (a) being an officer or an employee of the Government of Canada, knowingly makes or issues any false document or statement, or accepts or agrees to accept a bribe or other benefit, in respect of any matter under this Act or knowingly fails to perform their duties under this Act; (b) gives or offers to give a bribe or consideration to, or makes an agreement or arrangement with, an officer to induce the officer not to perform their duties under this Act; (c) falsely personates an officer or by any act or omission leads any person to believe that the person is an officer; or (d) obstructs or impedes an officer in the performance of the officer’s duties under this Act. Punishment (2) Every person who is guilty of an offence under subsection (1) is liable (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. 130 [Repealed, 2001, c. 32, s. 81] Counselling offence 131 Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person. 2001, c. 27, s. 131, c. 32, s. 812012, c. 17, s. 45(F) 132 [Repealed, 2001, c. 32, s. 81]