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Immigration and Refugee Protection Act

s. 133 Deferral

  • PART 3: Enforcement

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

The law says

IRPA s. 133
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133 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.

Sections this one cites

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

Sections numbered under s. 133

Each of these is its own section of the Act, numbered after section 133.

IRPA s. 133.1

Limitation period for summary conviction offences

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What that means

This sets time limits on prosecution. For smuggling and the misrepresentation offences, a summary charge can be laid up to 10 years after the events. For every other offence under this law, the limit is five years.

The law says

(1)A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose.

Application

(2)Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force.

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. 122DocumentsIRPA s. 127MisrepresentationIRPA s. 57Review of detentionIRPA s. 132Section 132IRPA s. 133.1Limitation period for summary conviction offences