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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 3: Enforcement
§134

Defence — incorporation by reference

Defence — incorporation by reference

🍁 In Simple Terms

A fairness rule about rules you could not read. If a regulation takes its content from an outside document, you cannot be convicted for breaking it unless that document was reasonably accessible to you, real steps were taken to make it available to the people it affects, or it was published in the Canada Gazette.

Affects: Persons subject to removal or detention
Legal Text: IRPA Section 134

134 No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention, (a)the material was reasonably accessible to the person; (b)reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or (c)the material had been published in the Canada Gazette.

In Practice
Official Source: Justice Canada: IRPA s. 134 (authoritative, may differ from this display)
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