IMPR 101-3

10 null terms

Arrest

To take a person into legal custody. The act of restraining, seizing, or physically detaining a person by legal authority.

Designate

To choose someone for a position, duty, or responsibility.

Detain

To restrict a person's liberty in any way; to keep a person in legal custody such as in a prison or immigration holding centre, prior to a hearing on a matter.

Governor in Council

The Governor General acting with the advice and consent of Cabinet. Formal executive authority is conferred by the statutes on the Governor in Council. IRPA s.4(3): "Subject to subsections (1) to (2), the Governor in Council may, by order, (a) specify which Minister referred to in any of subsections (1) to (2) is the Minister for the purposes of any provision of this Act; and (b) specify that more than one Minister may be the Minister for the purposes of any provision of this Act and specify the circumstances under which each Minister is the Minister." IRPA s.5(1): Except as otherwise provided, the Governor in Council may make any regulation that is referred to in this Act or that prescribes any matter whose prescription is referred to in this Act." s.5(4): "The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (2)."

Immigration and Refugee Board (IRB)

IRPA s.2(1): "the Immigration and Refugee Board, which consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division. (Commission)" Textbook: pg. 52-58: Canada's largest independent, quasi-judicial administrative tribunal whose mission is to "make well reasoned decisions on immigration and refugee matters, efficiently, fairly, and in accordance with the law." Conducts: admissibility hearings, detention reviews, immigration appeals, refugee protection hearings, and refugee appeals 4 divisions: Immigration, Immigration Appeal, Refugee Protection, Refugee Appeal Decision makers are appointed based on their area of specialization by the Governor in Council or a merit process as public servants.

Member

The title given to a decision maker in the four divisions of the IRB. A member has the power and authority of a commissioner appointed under Part 1 of the Inquiries Act. Members in all divisions of IRB have the power to apply the Charter and may declare a specific section of IRPA inoperative if they find it to be in violation of a Charter right.

Officers

IRPR s.2: "means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)" IRPA s.6(1): "The Minister may designate any persons or class of persons as officers to carry out any purpose of any provision of this Act, and shall specify the powers and duties of the officers so designated"

Orders in Council

Administrative orders that serve notice of a decision taken by the executive arm of government. Textbook: pg. 41 Enables the government to respond quickly to adapt the Act's broad provisions to changing circumstances. Regulations can easily be amended by orders in council.

Peace Officer

A law enforcement officer with the power to examine people and perform searches and seizures. IRPA s.138-143: powers and duties IRPA s.138(1): "An officer, if so authorized, has the authority and powers of a peace officer — including those set out in sections 487 to 492.2 of the Criminal Code — to enforce this Act, including any of its provisions with respect to the arrest, detention or removal from Canada of any person."

Visa Officer

A public servant working in a Canadian consulate or visa office abroad.