Immigration and Refugee Protection Act

Marginal note:Duties of peace officers to execute orders

• 142 (1) 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 arrest, detention or removal from Canada of any permanent resident or foreign national.

• Marginal note:Definition of immigrant station

  (2) In this section, immigrant station means, subject to subsection (3), a facility that is operated by the Canada Border Services Agency — or used by a peace officer or any party to an agreement or arrangement entered into under paragraph 13(2)(b) of the Canada Border Services Agency Act — for the purpose of detaining persons under this Act.

• Marginal note:Area of a penitentiary

  (3) An area of a penitentiary, as defined in subsection 2(1) of the Corrections and Conditional Release Act, may be an immigrant station only if it is designated under subsection 94.4(1) of that Act.

• Marginal note:Detention

  (4) A person detained under this Act must not be detained in a designated immigrant station, as defined in section 94.1 of the Corrections and Conditional Release Act, unless, subject to subsections (5) to (7), the Minister determines that the person is to be detained in a designated immigrant station because the person requires a high degree of supervision and control, based on

  • (a) the nature and level of the danger to the public that the person poses, having regard to any of the following factors:

    • (i) any conviction in Canada under an Act of Parliament for a sexual offence or an offence involving violence or weapons,

    • (ii) any conviction outside Canada for an offence that, if committed in Canada, would constitute a sexual offence or an offence involving violence or weapons under an Act of Parliament,

    • (iii) any pending charges in Canada under an Act of Parliament for a sexual offence or an offence involving violence or weapons,

    • (iv) any pending charges outside Canada, for an offence that, if committed in Canada, would constitute a sexual offence or an offence involving violence or weapons under an Act of Parliament,

    • (v) association with a criminal organization, within the meaning of subsection 121.1(1), or

    • (vi) association with an organization that engages, or has engaged, in terrorism; or

  • (b) any serious non-compliance by the person with the rules, applicable in an immigrant station, any other detention facility or any correctional facility where the person is or has been detained, with respect to

    • (i) the possession of weapons or the possession of or dealing in controlled substances, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, or

    • (ii) violent or aggressive behaviour towards any other person.

• Marginal note:Minor children

  (5) The Minister must not determine that a minor child detained under this Act is to be detained in a designated immigrant station.

• Marginal note:Requirements prior to determination

  (6) Before determining that a person detained under this Act is to be detained in a designated immigrant station, the Minister must

  • (a) provide the person with a written notice informing them that the Minister is considering making a determination that the person is to be detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel;

  • (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a); and

  • (c) consider the person’s state of health and health care needs, including with respect to their mental health.

• Marginal note:Written reasons

  (7) If the Minister determines that a person detained under this Act is to be detained in a designated immigrant station, the Minister must provide the person with written reasons for the determination before the person is detained in a designated immigrant station.

• Marginal note:Emergencies

  (8) Subsections (6) and (7) do not apply in an emergency in which a person detained under the Act must be immediately detained in a designated immigrant station because of a risk to the safety of the person or to other persons in, or a risk to the security of, the immigrant station where the person is or would otherwise be detained.

• Marginal note:Rights of person detained

  (9) If a person is detained in a designated immigrant station in the circumstances described in subsection (8), the Minister must

  • (a) as soon as feasible after the person is detained in the designated immigrant station, provide the person with a written notice informing them that the Minister is considering making a determination that the person is to remain detained in a designated immigrant station and informing them of the right to make submissions and to retain and instruct counsel; and

  • (b) allow the person a reasonable opportunity to exercise the rights referred in paragraph (a).

• Marginal note:Written reasons

  (10) If the Minister determines that a person detained in a designated immigrant station in the circumstances described in subsection (8) is to remain detained in the designated immigrant station, the Minister must provide the person with written reasons for the determination.