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Immigration and Refugee Protection Act

s. 121 Aggravating factors

  • PART 3: Enforcement
  • Family Sponsorship

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 121
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121 The court, in determining the penalty to be imposed under section 120, shall take into account whether

  • (a)bodily harm or death occurred, or the life or safety of any person was endangered, as a result of the commission of the offence;
  • (b)the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;
  • (c)the commission of the offence was for profit, whether or not any profit was realized; and
  • (d)a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence.

Sections this one cites

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Sections numbered under s. 121

Each of these is its own section of the Act, numbered after section 121.

IRPA s. 121.1

Definition of criminal organization

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What that means

In this law, criminal organization and terrorist group mean the same thing as in the Criminal Code. No separate immigration meaning exists.

The law says

(1)For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii) and paragraph 121(b), criminal organization means a criminal organization as defined in subsection 467.1(1) of the Criminal Code.

Definition of terrorist group

(2)For the purposes of subparagraphs 117(3.1)(a)(ii) and (b)(ii) and (3.2)(a)(ii) and (b)(ii), terrorist group means a terrorist group as defined in subsection 83.01(1) of the Criminal Code.

Guides on this part of the Act

No guide cites this section directly. These guides cite other sections in the same Division of the Act.

Can You Work or Study on a Visitor Visa in Canada?Proof of a Genuine Relationship for Spousal Sponsorship

Related sections

IRPA s. 120PenaltiesIRPA s. 121.1Definition of criminal organization