Skip to main content
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

You cannot be convicted of violating a rule that was incorporated into immigration regulations by reference to an outside document, unless it's proven that the document was publicly available or you actually knew about it at the time.

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)
Explore More Sections
Browse all 296 sections of the Immigration and Refugee Protection Act.
Explore More Sections