Bill C-60: An Act to amend the Criminal Records Act, the Corrections and Conditional Release Act, the Immigration and Refugee Protection Act and the International Transfer of Offenders Act

C-60 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-60 An Act to amend the Criminal Records Act, the Corrections and Conditional Release Act, the Immigration and Refugee Protection Act and the International Transfer of Offenders Act first reading, May 12, 2015 MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS 90766 SUMMARY This enactment amends the Criminal Records Act to provide that foreign nationals and certain permanent residents may not apply for a record suspension. It also amends the Corrections and Conditional Release Act to authorize the disclosure to victims of information relating to the release of foreign offenders under the Immigration and Refugee Protection Act. In addition, the enactment amends the Immigration and Refugee Protection Act to, among other things, streamline the removal process in respect of certain foreign offenders, provide for the revocation and renunciation of protected person status, and allow certain foreign nationals to waive an admissibility hearing if specific requirements are met. Finally, the enactment amends the International Transfer of Offenders Act to provide for the transfer of certain offenders without their consent. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 house of commons of canada BILL C-60 An Act to amend the Criminal Records Act, the Corrections and Conditional Release Act, the Immigration and Refugee Protection Act and the International Transfer of Offenders Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Removal of Serious Foreign Criminals Act. R.S., c. C-47 CRIMINAL RECORDS ACT 2. Section 4 of the Criminal Records Act is amended by adding the following after subsection (4): Foreign nationals and certain permanent residents (4.1) A person is ineligible to apply for a record suspension if he or she (a) is a foreign national as defined in subsection 2(1) of the Immigration and Refugee Protection Act; or (b) is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and has been convicted in Canada of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed. 1992, c. 20 CORRECTIONS AND CONDITIONAL RELEASE ACT 3. Subsection 23(1) of the Corrections and Conditional Release Act is amended by adding the following after paragraph (b): (b.1) any relevant information about the person’s status under the Immigration and Refugee Protection Act, including, if applica-ble, in relation to their removal from Canada; 4. The Act is amended by adding the following after section 25: Disclosure of information 25.1 The Commissioner or a person designated, by name or by position, by the Commissioner may disclose to the Canada Border Services Agency any information under his or her control about an offender that is relevant to the administration of the Immigration and Refugee Protection Act as it relates to the enforcement of that Act. 5. Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) shall, in respect of an offender who is released under the Immigration and Refugee Protection Act, disclose to the victim the date on which the offender was released and the destination of the offender on release, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public. 2001, c. 27 IMMIGRATION AND REFUGEE PROTECTION ACT 6. Section 23 of the Immigration and Refugee Protection Act is replaced by the following: Authorized entry 23. An officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing under this Part or in relation to a proceeding under section 44.1. 7. (1) Section 44 of the Act is amended by adding the following after subsection (1): Factors (1.1) In determining whether to prepare a report, the officer must take the prescribed factors, if any, into account. Obligation to prepare report (1.2) In the circumstances prescribed by the regulations, the officer must prepare the report under subsection (1). (2) Subsection 44(2) of the Act is replaced by the following: Referral or removal order (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except (a) in the circumstances prescribed by the regulations, in the case of a permanent resident who is inadmissible on the grounds that they have failed to comply with the residency obligation under section 28 or on grounds of serious criminality; and (b) in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make the applicable removal order. (3) The portion of subsection 44(2) of the Act before paragraph (a) is replaced by the following: Referral or removal order (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing or for a proceeding under section 44.1, except (4) Section 44 of the Act is amended by adding the following after subsection (2): Factors (2.1) In determining whether to refer a report or make a removal order, the Minister must take the prescribed factors, if any, into account. Referral or removal order — obligation (2.2) In the circumstances prescribed by the regulations, the Minister must, under subsection (2), (a) refer the report to the Immigration Division; or (b) in respect of the cases described in paragraphs (2)(a) and (b), make a removal order. (5) Subsection 44(3) of the Act is replaced by the following: Conditions (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing, a proceeding under section 44.1 or, being in Canada, a removal order. 8. The Act is amended by adding the following after section 44: Uncontested Removal Orders Waiver of admissibility hearing 44.1 (1) A foreign national — other than a protected person or a person who has made a claim for refugee protection — who is the subject of a report that has been or could be referred to the Immigration Division for an admissibility hearing may, subject to the regulations and the consent of the Minister, waive the admissibility hearing, in which case the report is to be referred to the Immigration Division for a proceeding under this section. Minister’s consent (2) The Minister may consent to the waiver if he or she is satisfied that the prescribed conditions are met; if the regulations prescribe factors that must be taken into account in the determination of whether those conditions are met, the Minister must take only those factors into account. Waiver — consequence (3) A foreign national who waives the admissibility hearing is deemed to have consented to being the subject of a removal order. Decision respecting waiver (4) The Immigration Division must make a decision whether to accept the waiver within 48 hours after the referral or without delay afterward. Appearance in person (5) The foreign national must appear in person before the Immigration Division to receive notice of the decision, unless the regulations provide that they are to receive notice in another manner, in which case the foreign national must comply with those regulations. Acceptance of waiver (6) The Immigration Division must accept the waiver if it is satisfied, taking into account only the prescribed factors, that the prescribed conditions are met. Removal order (7) If the Immigration Division accepts the waiver, it must make the applicable removal order without holding an admissibility hearing. Rejection of waiver (8) If the Immigration Division rejects the waiver, it must hold an admissibility hearing, after providing the foreign national and the Minister with notice. 9. (1) The Act is amended by adding the following after section 47: Protected person 47.1 A foreign national loses protected person status on a decision of the Minister under subsection 115(2) that they (a) constitute a danger to the public in Canada; or (b) should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada. (2) Section 47.1 of the Act is replaced by the following: Protected person 47.1 (1) A foreign national loses protected person status (a) on approval by the Minister of their application to renounce that status; or (b) on a decision of the Minister under subsection 115(2) that they (i) constitute a danger to the public in Canada, or (ii) should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada. Restriction (2) The Minister may refuse to approve an application for the renunciation of protected person status if, in the Minister’s opinion, the renunciation would not be in the applicant’s best interests. 2013, c. 16, s. 21 10. (1) Paragraph 53(a.1) of the Act is replaced by the following: (a.1) the form and manner in which an application to renounce permanent resident status or protected person status must be made and the conditions that must be met before such an application may be approved; (2) Paragraph 53(b) of the Act is replaced by the following: (b) the circumstances in which a report shall be prepared or referred or a removal order made or confirmed; (b.1) the factors to be taken into account in determining whether to prepare or refer a report or make or confirm a removal order; (3) Section 53 of the Act is amended by adding the following after paragraph (b.1): (b.2) waivers made under section 44.1, including the circumstances in which a waiver may be made, the form and manner in which it must be made, the conditions to be met before it may be consented to by the Minister or accepted by the Immigration Division and the factors to be taken into account in determining whether a condition is met; (b.3) the time within which a foreign national must receive notice of a decision made under subsection 44.1(4), as well as reasons for the decision, and, unless they appear in person under subsection 44.1(5) to receive the notice, the manner in which the foreign national must receive the notice and reasons; (b.4) the circumstances in which an officer may require a foreign national who is the subject of an admissibility hearing or a proceeding under section 44.1 to leave Canada; 2012, c. 17, s. 23(1) 11. (1) Subsection 55(1) of the Act is replaced by the following: Arrest and detention with warrant 55. (1) An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada, at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) or at a proceeding under section 44.1. (2) Paragraph 55(2)(a) of the Act is replaced by the following: (a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing, removal from Canada, at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) or at a proceeding under section 44.1; or 12. (1) Paragraph 58(1)(b) of the Act is replaced by the following: (b) they are unlikely to appear for examination, an admissibility hearing, removal from Canada, at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) or at a proceeding under section 44.1; (2) Subsection 58(2) of the Act is replaced by the following: Detention — Immigration Division (2) The Immigration Division may order the detention of a permanent resident or a foreign national if it is satisfied that the permanent resident or the foreign national is the subject of an examination, an admissibility hearing or a proceeding under section 44.1 or is subject to a removal order and that the permanent resident or the foreign national is a danger to the public or is unlikely to appear for examination, an admissibility hearing, a proceeding under section 44.1 or removal from Canada. 13. Subsection 110(2) of the Act is amended by adding the following after paragraph (c): (c.1) a decision of the Refugee Protection Division rejecting a claim for refugee protection on the basis of section E or F of Article 1 of the Refugee Convention; 14. The heading of Division 3 of Part 2 of the Act is replaced by the following: Pre-removal or Pre-transfer Risk Assessment 15. (1) Subsection 112(1) of the Act is replaced by the following: Application for protection 112. (1) A person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order that is in force, are named in a certificate described in subsection 77(1) or are an offender who is being considered for transfer under subsection 8(2.1) of the International Transfer of Offenders Act. (2) Subsection 112(2) of the Act is amended by adding the following after paragraph (a): (a.1) they have lost protected person status under section 47.1; (3) Paragraph 112(2)(a.1) of the Act is replaced by the following: (a.1) they have lost protected person status under paragraph 47.1(1)(b); (4) Subsection 112(2) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph: (d) they are an offender who is being considered for transfer under subsection 8(2.1) of the International Transfer of Offenders Act and are described in subsection (3). 16. (1) The Act is amended by adding the following before section 150.1: Disclosure — Canada Border Services Agency 150.01 The Canada Border Services Agency may disclose to the Correctional Service of Canada any information collected under this Act about an offender, as defined in subsection 2(1) of the Corrections and Conditional Release Act, that is relevant to the administration of that Act. (2) Section 150.01 of the Act is renumbered as subsection 150.01(1) and is amended by adding the following: Disclosure — Minister of Citizenship and Immigration (2) The Minister of Citizenship and Immigration may disclose to the Minister of Public Safety and Emergency Preparedness or the Correctional Service of Canada any information collected under this Act that is relevant to the transfer of an offender under the International Transfer of Offenders Act. 17. (1) Section 169 of the Act is amended by adding the following after paragraph (c): (c.1) with respect to a decision made by the Immigration Division under subsection 44.1(4), that Division must provide the Minister and the foreign national with written reasons for the decision in accordance with the regulations unless the foreign national appears in person before that Division under subsection 44.1(5) to receive notice of the decision; (c.2) in the circumstances prescribed by the regulations, notice of a decision of the Immigration Division made under subsection 44.1(4), as well as written reasons for the decision, must be provided to the Minister in accordance with the regulations, who must then provide the notice and reasons to the foreign national in accordance with the regulations; (2) Section 169 of the Act is renumbered as subsection 169(1) and is amended by adding the following: Regulations (2) The regulations may (a) govern the time within which and the manner in which notice of a decision made under subsection 44.1(4), as well as reasons for the decision, must be provided; and (b) prescribe the circumstances in which the notice and reasons must be provided to the Minister for the purposes of paragraph (1)(c.2). 18. Paragraph 173(a) of the Act is replaced by the following: (a) except in relation to a removal order made under section 44.1, must, if practicable, hold a hearing; 2004, c. 21 INTERNATIONAL TRANSFER OF OFFENDERS ACT 19. Section 6 of the International Transfer of Offenders Act is amended by adding the following after subsection (2): Designation by Minister — collection and disclosure of information (3) The Minister may, in writing, designate by name or position, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act to collect and disclose personal information on the Minister’s behalf for the purposes of sections 10 to 10.2. 20. Section 7 of the Act is replaced by the following: Request for transfer 7. A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32, unless a request is made, in writing, to the Minister, or a request is made, in writing, by the Minister to the foreign entity to which the person is to be transferred. 21. (1) Subsection 8(1) of the Act is replaced by the following: Consent of three parties 8. (1) Subject to subsection (2.1), the consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required. (2) Section 8 of the Act is amended by adding the following after subsection (2): When offender’s consent not required (2.1) The Minister may, without the consent of the offender, unless they are a person described in any of paragraphs (5)(a) to (c), request the transfer of a foreign offender or, on the request of a foreign entity, consent to the transfer of a Canadian offender, if Canada and the foreign entity have entered into a treaty on the transfer of offenders that provides for the transfer of offenders without their consent. When transfer without consent not permitted (2.2) The Minister shall not make a request under subsection (2.1) if the foreign offender (a) is also a Canadian citizen within the meaning of the Citizenship Act; (b) is a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act; or (c) is the subject of a provisional arrest warrant issued under section 13 of the Extradition Act or an authority to proceed issued under section 15 of that Act and has not been finally discharged under that Act. 22. The Act is amended by adding the following after section 10: Obligation to consider whether offender at substantial risk 10.1 (1) In determining whether to make a request under subsection 8(2.1), the Minister shall, after having consulted with the Minister of Citizenship and Immigration, consider whether the foreign offender would, if transferred, be at a substantial risk of a serious violation of their right to life, liberty or security of the person, including from the foreign entity to which the offender is to be transferred or its prison system. Imprisonment — less than 10 years (2) In the case of an offender who has been convicted of an offence under Canadian law that is punishable under an Act of Parliament by a maximum term of imprisonment of less than 10 years and who is entitled, under the Immigration and Refugee Protection Act, to make a claim for refugee protection or an application for protection, the offender shall not be transferred before a final determination is made in respect of any such claim or application. Other factors (3) In determining whether to make a request under subsection 8(2.1), the Minister may consider the following factors: (a) whether, in the Minister’s opinion, the offender will, after the transfer, commit a terrorism offence or criminal organization offence, as defined in section 2 of the Criminal Code; (b) whether the offender has social or family ties in Canada or in the foreign entity to which they are to be transferred; (c) the offender’s health; and (d) any other factor that the Minister considers relevant. For greater certainty (4) For greater certainty, the transfer of a foreign offender without their consent does not constitute removal within the meaning of the Immigration and Refugee Protection Act. Submissions 10.2 If the Minister is considering the transfer of an offender without their consent, the Minister shall give the offender a reasonable opportunity to make submissions in writing with respect to any facts relevant to the proposed transfer. 23. Subsection 11(2) of the Act is replaced by the following: Reasons (2) If the Minister does not consent under subsection 8(1) to a transfer, the Minister shall give reasons. Reasons (3) If a determination is made to transfer an offender without the offender’s consent, the Minister shall provide the offender with written reasons for the transfer. 24. Section 15 of the English version of the Act is replaced by the following: Equivalent offence 15. For the purposes of the application of any Act of Parliament to a Canadian offender, the Minister shall identify the criminal offence that, at the time the Minister receives a request for a transfer, is equivalent to the offence of which the Canadian offender was convicted. TRANSITIONAL PROVISIONS Paragraph 44(2)(a) 25. (1) Paragraph 44(2)(a) of the Immigration and Refugee Protection Act, as enacted by subsection 7(2), applies in respect of a report that has not been referred to the Immigration Division under subsection 44(2) of that Act before the day on which that subsection 7(2) comes into force. Subsection 44(2.2) (2) Subsection 44(2.2) of the Immigration and Refugee Protection Act, as enacted by subsection 7(4), applies in respect of a report that has not been transmitted to the Minister under subsection 44(1) of that Act before the day on which that subsection 7(4) comes into force. Section 44.1 26. Section 44.1 of the Immigration and Refugee Protection Act, as enacted by section 8, does not apply to a foreign national in respect of whom the Minister has referred a report to the Immigration Division under subsection 44(2) of that Act before the day on which that section 8 comes into force. Section 47.1 27. Section 47.1 of the Immigration and Refugee Protection Act, as enacted by subsection 9(1), applies to a person in respect of whom the Minister made a decision referred to in that section after June 28, 2002. Paragraph 110(2)(c.1) 28. Paragraph 110(2)(c.1) of the Immigration and Refugee Protection Act, as enacted by section 13, does not apply in respect of a person who files a notice of appeal to the Refugee Appeal Division in accordance with the regulations before the day on which that section comes into force. COORDINATING AMENDMENTS 2010, c. 8 29. (1) In this section, “other Act” means the Balanced Refugee Reform Act, chapter 8 of the Statutes of Canada, 2010. (2) On the first day on which both subsection 15(1) of this Act and subsection 15(1) of the other Act are in force, subsection 112(1) of the Immigration and Refugee Protection Act is replaced by the following: Application for protection 112. (1) Subject to subsection (1.1), a person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations and the rules of the Board, apply to the Refugee Protection Division for protection if they are subject to a removal order that is in force or are an offender who is being considered for transfer under subsection 8(2.1) of the International Transfer of Offenders Act. (3) If subsection 17(2) of this Act comes into force before subsection 25(3) of the other Act, then that subsection 25(3) is replaced by the following: (3) Section 169 of the Act is amended by adding the following after subsection (2): Regulations (3) The regulations may govern the time within which and the manner in which notice of a decision of the Refugee Protection Division in respect of an application for protection, as well as written reasons for the decision, must be provided. (4) If subsection 25(3) of the other Act comes into force before subsection 17(2) of this Act, then that subsection 17(2) is replaced by the following: (2) Section 169 of the Act is amended by adding the following after subsection (2): Regulations (3) The regulations may (a) govern the time within which and the manner in which notice of a decision made under subsection 44.1(4), as well as reasons for the decision, must be provided; and (b) prescribe the circumstances in which the notice and reasons must be provided to the Minister for the purposes of paragraph (1)(c.2). (5) If subsection 17(2) of this Act comes into force on the same day as subsection 25(3) of the other Act, then that subsection 17(2) is deemed to have come into force before that subsection 25(3) and subsection (3) applies as a consequence. 2015, c. 13 30. (1) In this section, “other Act” means the Victims Bill of Rights Act, chapter 13 of the Statutes of Canada, 2015. (2) If section 5 of this Act comes into force before subsection 46(3) of the other Act, then that subsection 46(3) is replaced by the following: (3) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c): (d) shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public: (i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release, (ii) the conditions attached to the offend-er’s temporary absence, work release, parole or statutory release, (iii) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and (e) shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public: (i) the release of the offender on unescorted temporary absence, (ii) the offender’s work release, (iii) the offender’s release on parole, and (iv) the offender’s release by virtue of statutory release or the expiration of the sentence. (3) If subsection 46(3) of the other Act comes into force before section 5 of this Act, then (a) that section 5 is deemed never to have come into force and is repealed; and (b) subsection 26(1) of the Corrections and Conditional Release Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d): (e) shall, in respect of an offender who is released under the Immigration and Refugee Protection Act, disclose to the victim the date on which the offender was released and the destination of the offender on release, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public. (4) If section 5 of this Act comes into force on the same day as subsection 46(3) of the other Act, then that section 5 is deemed to have come into force before that subsection 46(3) and subsection (2) applies as a consequence. Bill C-642 31. If Bill C-642, introduced in the 2nd session of the 41st Parliament and entitled An Act to amend the Corrections and Conditional Release Act (high profile offender), receives royal assent, then, on the first day on which both section 1 of that Act and section 4 of this Act are in force, section 25.1 of the Corrections and Conditional Release Act, as enacted by that section 4, is renumbered as section 25.2 and is repositioned accordingly if required. COMING INTO FORCE Order in council 32. (1) Subsections 7(1) and (4) and 10(2) come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsection 7(2) comes into force on a day to be fixed by order of the Governor in Council. Order in council (3) Section 6, subsections 7(3) and (5), section 8, subsection 10(3) and sections 11, 12, 17 and 18 come into force on a day to be fixed by order of the Governor in Council. Order in council (4) Subsections 9(2), 10(1) and 15(3) come into force on a day to be fixed by order of the Governor in Council. Order in council (5) Section 14, subsections 15(1) and (4) and 16(2) and sections 19 to 24 come into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Explanatory NotesCriminal Records Act Clause 2: New. Corrections and Conditional Release Act Clause 3: Relevant portion of subsection 23(1): 23. (1) When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable, ... Clause 4: New. Clause 5: Relevant portion of subsection 26(1): 26. (1) At the request of a victim of an offence committed by an offender, the Commissioner ... Immigration and Refugee Protection Act Clause 6: Existing text of section 23: 23. An officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing under this Part. Clause 7: (1) New. (2) and (3) Existing text of subsection 44(2): (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order. (4) New. (5) Existing text of subsection 44(3): (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order. Clause 8: New. Clause 9: (1) and (2) New. Clause 10: (1) to (3) Relevant portion of section 53: 53. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting ... (a.1) the form and manner in which an application to renounce permanent resident status must be made and the conditions that must be met before such an application may be approved; (b) the circumstances in which a removal order shall be made or confirmed against a permanent resident or a foreign national; Clause 11: (1) Existing text of subsection 55(1): 55. (1) An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2). (2) Relevant portion of subsection 55(2): (2) An officer may, without a warrant, arrest and detain a foreign national, other than a protected person, (a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); or Clause 12: (1) Relevant portion of subsection 58(1): 58. (1) The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that ... (b) they are unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); (2) Existing text of subsection 58(2): (2) The Immigration Division may order the detention of a permanent resident or a foreign national if it is satisfied that the permanent resident or the foreign national is the subject of an examination or an admissibility hearing or is subject to a removal order and that the permanent resident or the foreign national is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada. Clause 13: Relevant portion of subsection 110(2): (2) No appeal may be made in respect of any of the following: ... Clause 14: Existing text of the heading: Pre-removal Risk Assessment Clause 15: (1) Existing text of subsection 112(1): 112. (1) A person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order that is in force or are named in a certificate described in subsection 77(1). (2) to (4) Relevant portion of subsection 112(2): (2) Despite subsection (1), a person may not apply for protection if ... Clause 16: (1) and (2) New. Clause 17: (1) Relevant portion of section 169: 169. In the case of a decision of a Division, other than an interlocutory decision: ... (2) New. Clause 18: Relevant portion of section 173: 173. The Immigration Division, in any proceeding before it, (a) must, where practicable, hold a hearing; International Transfer of Offenders Act Clause 19: New. Clause 20: Existing text of section 7: 7. A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32, unless a request is made, in writing, to the Minister. Clause 21: (1) Existing text of subsection 8(1): 8. (1) The consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required. (2) New. Clause 22: New. Clause 23: Existing text of subsection 11(2): (2) If the Minister does not consent to a transfer, the Minister shall give reasons. Clause 24: Existing text of section 15: 15. For the purposes of the application of any Act of Parliament to a Canadian offender, the Minister shall identify the criminal offence that, at the time the Minister receives their request for a transfer, is equivalent to the offence of which the Canadian offender was convicted.