Last Updated on April 13, 2011 by Steven Meurrens

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Section 122 of the Immigration and Refugee Protection Act states:

122. (1) No person shall, in order to contravene this Act,

(a) possess a passport, visa or other document, of Canadian or foreign origin, that purports to establish or that could be used to establish a person’s identity;

(b) use such a document, including for the purpose of entering or remaining in Canada; or

(c) import, export or deal in such a document.

The consequence of being found guilty of s. 122(1)(a) is liability to conviction on indictment of up to a term of imprisonment of a maximum of 5 years.  The average sentence winds up ranging from 4 months – 2 years imprisonment.  It is rare for a conditional sentence to be imposed.

The consequence of being found guilty of ss. 112(1)(b)-(c) is conviction on indictment to a term of imprisonment of up to 14 years.

An additional, and important, consequence, is that if you are convicted of an offense under s. 122 of IRPA, then you will be inadmissible to Canada for at least five years.