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Immigration and Refugee Protection Regulations

Version of section 246 from 2018-10-17 to 2024-05-28:


Marginal note:Danger to the public

 For the purposes of paragraph 244(b), the factors are the following:

  • (a) the fact that the person constitutes, in the opinion of the Minister, a danger to the public in Canada or a danger to the security of Canada under paragraph 101(2)(b), subparagraph 113(d)(i) or (ii) or paragraph 115(2)(a) or (b) of the Act;

  • (b) association with a criminal organization within the meaning of subsection 121(2) of the Act;

  • (c) engagement in people smuggling or trafficking in persons;

  • (d) conviction in Canada under an Act of Parliament for

    • (i) a sexual offence, or

    • (ii) an offence involving violence or weapons;

  • (e) conviction for an offence in Canada under any of the following provisions of the Controlled Drugs and Substances Act, namely,

    • (i) section 5 (trafficking),

    • (ii) section 6 (importing and exporting), and

    • (iii) section 7 (production);

  • (f) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament for

    • (i) a sexual offence, or

    • (ii) an offence involving violence or weapons;

  • (g) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under any of the following provisions of the Controlled Drugs and Substances Act, namely,

    • (i) section 5 (trafficking),

    • (ii) section 6 (importing and exporting), and

    • (iii) section 7 (production);

  • (h) conviction for an offence in Canada under any of the following provisions of the Cannabis Act, namely,

    • (i) section 9 (distribution),

    • (ii) section 10 (selling),

    • (iii) section 11 (importing and exporting), and

    • (iv) section 12 (production); and

  • (i) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under any of the following provisions of the Cannabis Act, namely,

    • (i) section 9 (distribution),

    • (ii) section 10 (selling),

    • (iii) section 11 (importing and exporting), and

    • (iv) section 12 (production).

  • SOR/2016-136, s. 13(F)
  • SOR/2018-170, s. 2

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