Immigration Offences (18:XII)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 4, 2022.

Part 3 of the IRPA outlines various offences and penalties for breaches of the Act. Offences of human smuggling and trafficking in persons have penalties of up to life in prison and fines of up to one million dollars. Other offences created by the Act include:

  1. disembarking a person or group of people at sea for the purposes of entering Canada illegally;
  2. possession, use, import/export, or dealing in passports, visas and other documents to contravene the Act;
  3. entering Canada at any place other than a Port of Entry without reporting to an immigration officer;
  4. gaining admission to Canada through the use of a false or improperly obtained passport, visa or other documents;
  5. violating the terms or conditions under which admission was granted;
  6. knowingly making false or misleading statements at an immigration examination or admissibility hearing;
  7. remaining in Canada after ceasing to be a visitor; and
  8. working illegally or employing a person who is not authorized to work.

For lesser offences, s 144 of the IRPA provides that offenders may be ticketed. This provides officers with an alternative to using the other procedures set out in the IRPA or the Criminal Code, RSC 1985, c C-46. Fines of up to $10,000 may be assessed under such offences.

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