Section 118 — Disembarking persons at sea
Text of provision
(1) No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion.
(2) For the purpose of subsection (1), organize, with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.
Plain English
Section 118 creates an offence for any person operating a means of transportation to disembark, in Canada, persons who are seeking to enter Canada and are unable or unwilling to present the documents required by IRPA. The offence is designed to target carriers that facilitate irregular maritime arrivals.
The section applies to all means of transportation — ships, aircraft, or other vehicles — and to those who operate, own, or are in charge of the transportation.
Practical effect
This provision, along with s 148 (obligations of operators of vehicles), creates a carrier liability regime that requires transportation operators to verify documentation before bringing foreign nationals to Canada. Carriers face significant fines for bringing undocumented travellers. The provision is particularly relevant in the context of maritime smuggling operations where persons are landed on Canadian shores from vessels without proper documentation.