Reports written under the old Immigration Act are treated as enforcement reports under the new Act and proceed accordingly. Inadmissibility findings under the old law are mapped to equivalent grounds under the new law for enforcement purposes.
(1)A report made under section 20 or 27 of the former Act is a report under subsection 44(1) of the Immigration and Refugee Protection Act.
(2)For the purpose of subsection (1) (a)inadmissibility as a member of a class described in paragraph 19(1)(e), (f), (g) or (k) of the former Act is inadmissibility on security grounds under the Immigration and Refugee Protection Act; (b)inadmissibility as a member of a class described in paragraph 19(1)(j) or (l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of violating human or international rights; (c)inadmissibility as a member of a class described in paragraph 19(1)(c) or (c.1) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.1) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of serious criminality; (d)inadmissibility as a member of a class described in paragraph 19(2)(a), (a.1) or (b) of the former Act or inadmissibility on the basis of paragraph 27(1)(a.2) or (a.3) or (2)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of criminality; (e)inadmissibility on the basis of paragraph 27(1)(d) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of(i)serious criminality, if the person was convicted of an offence and a term of imprisonment of more than six months has been imposed or a term of imprisonment of 10 years or more could have been imposed, or(ii)criminality if the offence was punishable by a maximum term of imprisonment of five years or more but less than 10 years; (f)inadmissibility as a member of a class described in paragraph 19(1)(c.2) or subparagraph 19(1)(d)(ii) of the former Act is inadmissibility under the Immigration and Refugee Protection Act on grounds of organized criminality; (g)inadmissibility as a member of the inadmissible class described in paragraph 19(1)(a) of the former Act — other than an applicant described in section 7 of the former Regulations or section 4 of the Humanitarian Designated Classes Regulations who made an application for admission under the former Act — is inadmissibility under the Immigration and Refugee Protection Acton health grounds if, on the coming into force of this section, the person had been determined to be a member of the inadmissible class described in paragraph 19(1)(a) of the former Act; (h)inadmissibility as a member of a class described in paragraph 19(1)(b) of the former Act or inadmissibility on the basis of paragraph 27(1)(f) or (2)(l) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for financial reasons; (i)inadmissibility on the basis of paragraph 27(1)(e) or (2)(g) or (i) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for misrepresentation; and (j)inadmissibility as a member of a class described in paragraph 19(1)(h) or (i) or (2)(c) or (d) of the former Act or inadmissibility on the basis of paragraph 27(1)(b) or (2)(b), (e), (f), (h), (i) or (k) of the former Act is inadmissibility under the Immigration and Refugee Protection Act for failing to comply with the Act.
(3)A report that was forwarded to a senior immigration officer under the former Act and in respect of which a decision has not been made on the coming into force of this section is a report transmitted to the Minister.
(4)The causing by a senior immigration officer of an inquiry to be held under the former Act is the referring by the Minister of a report to the Immigration Division under subsection 44(2) of the Immigration and Refugee Protection Act unless that subsection allows the Minister to make a removal order.
(5)If no substantive evidence was adduced before the Adjudication Division, the causing by a senior immigration officer of an inquiry to be held under the former Act is, if subsection 44(2) of the Immigration and Refugee Protection Act allows the Minister to make a removal order, a report on the basis of which the Minister may make a removal order.