Section 127 — General offences — misrepresentation
Text of provision
No person shall knowingly
(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act.
Plain English
Section 127 makes it an offence for any person to knowingly make a false or misleading representation or to withhold material information in the course of any immigration or refugee proceeding under IRPA, including applications, examinations, hearings, and appeals.
The offence extends to persons who use fraudulent or misrepresented documents. The mental element is knowledge — the person must know that the representation is false or that the information is material.
Practical effect
Section 127 is the criminal law counterpart to the civil inadmissibility ground in s 40. A finding of misrepresentation under s 40 results in inadmissibility; criminal prosecution under s 127 can result in fines, imprisonment, and a criminal record that itself causes further inadmissibility. In practice, most misrepresentation cases are dealt with civilly under s 40 rather than through criminal prosecution, unless the misrepresentation is particularly egregious or involves systematic fraud. A conviction under s 127 also constitutes criminality grounds for inadmissibility under s 36.