Immigration Law

• Bad Faith

4. For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common –law partner, a conjugal partnership, conjugal partnership or an adopted child of a person if the marriage, common – law partnership, conjugal partnership or adoption is not genuine and was entered into primarily for the purpose of acquiring any status or privilege under the Act.

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common –law partnership or spouse, common – law partner, child or other family member of a foreign national referred to in any of paragraphs.

• Misrepresentation

40. A permanent resident or a foreign national is inadmissible for misrepresentation.

(a) for directly or indirectly misrepresenting or withholding material facts relating to relevant matter that induces or could induce an error in the administration of this Act:

(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation.

• 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.

• 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 Related to Documents

Documents

122. (1) No person shall, in order to contravene this Act,

(a) possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person’s identity;

(b) use such a document, including for the purpose of entering or remaining in Canada; or

(c) import, export or deal in such a document.

Proof of offence

(2)Proof of the matters referred to in subsection (1) in relation to a forged document or a document that is blank, incomplete, altered or not genuine is, in the absence of evidence to the contrary, proof that the person intends to contravene this Act.