|
|
42-43 ELIZABETH II |
|
|
|
CHAPTER 31 |
|
|
|
An Act to establish the Department of
Citizenship and Immigration and to
make consequential amendments to
other Acts
|
|
|
|
[Assented to 23rd June, 1994]
|
|
|
|
|
|
|
|
SHORT TITLE |
|
| Short title
|
1. This Act may be cited as the Department
of Citizenship and Immigration Act.
|
|
|
|
ESTABLISHMENT |
|
| Department
established
|
2. (1) There is hereby established a
department of the Government of Canada
called the Department of Citizenship and
Immigration over which the Minister of
Citizenship and Immigration, appointed by
commission under the Great Seal, shall
preside.
|
|
| Minister
|
(2) The Minister holds office during
pleasure and has the management and
direction of the Department.
|
|
| Deputy head
|
3. The Governor in Council may appoint an
officer called the Deputy Minister of
Citizenship and Immigration to hold office
during pleasure and to be the deputy head of
the Department.
|
|
|
|
POWERS, DUTIES AND FUNCTIONS OF THE MINISTER |
|
| Powers, duties
and functions
of Minister
|
4. The powers, duties and functions of the
Minister extend to and include all matters over
which Parliament has jurisdiction relating to
citizenship and immigration.
|
|
|
|
*ep
|
|
| Agreements
|
5. The Minister, with the approval of the
Governor in Council, may enter into
agreements with any province, group of
provinces or with any foreign government or
international organization, for the purpose of
facilitating the formulation, coordination and
implementation of policies and programs for
which the Minister is responsible.
|
|
|
|
TRANSITIONAL PROVISIONS |
|
| Employment
continued
|
6. (1) Nothing in this Act shall be
construed as affecting the status of an
employee who, on the coming into force of
this Act, occupied a position, in that portion
of the public service of Canada known as
the Corporate Management Sector
(Citizenship and Immigration) of the
Department of the Secretary of State of
Canada or in those portions of the public
service of Canada described in paragraph
(b) of Order in Council P.C. 1993-1901 of
November 4, 1993, except that each such
employee shall, on the coming into force of
this Act, occupy their position in the
Department of Citizenship and
Immigration under the authority of the
deputy head of that Department.
|
|
| Definition of
``employee''
|
(2) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
|
|
| Appropriation
s
|
7. Any amount appropriated, for the
fiscal year in which this section comes into
force, by an appropriation Act based on the
Estimates for that year for defraying the
charges and expenses of the public service
of Canada within the Department of the
Secretary of State of Canada and that, on
the day on which this Act comes into force,
is unexpended, is deemed, on that day, to be
an amount appropriated for defraying the
charges and expenses of the Department of
Citizenship and Immigration.
|
|
| Powers, duties
and functions
|
8. (1) Any power, duty or function
relating to citizenship or immigration that,
immediately before the coming into force of
this Act, was vested in or exercisable by any
of the persons referred to in subsection (2)
under any Act, order, rule or regulation, or
any contract, lease, licence or other
document, is, on the coming into force of
this Act, vested in and exercisable by the
Minister of Citizenship and Immigration,
the Deputy Minister of Citizenship and
Immigration or the appropriate officer of
the Department of Citizenship and
Immigration, as the case may be.
|
|
| Persons
|
(2) For the purposes of subsection (1), the
persons are the Minister of Employment
and Immigration, the Minister of
Multiculturalism and Citizenship, the
Minister of National Health and Welfare,
their respective Deputy Ministers, the
Solicitor General of Canada, the Deputy
Solicitor General, the Secretary of State of
Canada, the Under-Secretary of State, the
Chairman of the Canada Employment and
Immigration Commission and any officer
under their management and direction.
|
|
|
|
CONSEQUENTIAL AMENDMENTS |
|
| R.S., c. A-1
|
Access to Information Act |
|
|
|
9. Schedule I to the Access to Information
Act is amended by adding the following in
alphabetical order under the heading
``Departments and Ministries of State'':
|
|
|
|
Department of Citizenship and Immigration
|
|
|
|
|
|
| 1991, c. 3
|
Department of Multiculturalism and Citizenship Act |
|
|
|
10. Section 4 of the Department of
Multiculturalism and Citizenship Act is
replaced by the following:
|
|
| Powers, duties
and functions
of Minister
|
4. The powers, duties and functions of the
Minister extend to and include all matters over
which Parliament has jurisdiction relating to
multiculturalism and Canadian identity.
|
|
|
|
11. (1) Paragraph 5(1)(a) of the Act is
replaced by the following:
|
|
|
|
|
|
|
|
*ep
|
|
|
|
(2) Paragraphs (5)(1)(b) and (c) of the Act
are replaced by the following:
|
|
|
|
|
|
| R.S., c. E-5
|
Employment and Immigration Department and Commission Act |
|
|
|
12. Section 5 of the Employment and
Immigration Department and Commission
Act is amended by adding the word ``and''
at the end of paragraph (b), by striking out
the word ``and'' at the end of paragraph (c)
and by repealing paragraph (d).
|
|
|
|
13. Section 7 of the Act is replaced by the
following:
|
|
| Agreements
with
provinces
|
7. The Minister, with the approval of the
Governor in Council, may enter into an
agreement with any province or group of
provinces for the purpose of facilitating the
formulation, coordination and
implementation of unemployment insurance
and employment policies and programs.
|
|
|
|
14. Paragraph 13(1)(a) of the Act is
replaced by the following:
|
|
|
|
|
|
|
|
15. Section 16 of the Act is replaced by the
following:
|
|
| Agreements
with other
countries
|
16. With the approval by order of the
Governor in Council, the Commission may,
notwithstanding any other Act of Parliament,
enter into agreements with the governments of
other countries to establish reciprocal
arrangements relating to any matters set out in
paragraphs 5(a) to (c).
|
|
| R.S., c. F-11
|
Financial Administration Act |
|
|
|
16. Schedule I to the Financial
Administration Act is amended by adding
the following in alphabetical order:
|
|
|
|
Department of Citizenship and Immigration
|
|
|
|
|
|
| 1992, c. 1,
s. 72
|
17. Schedule I.1 to the Act is amended by
striking out, in column II of that Schedule,
the reference to the ``Minister of
Employment and Immigration'' opposite
the name of the Immigration and Refugee
Board in column I and substituting a
reference to the ``Minister of Citizenship
and Immigration''.
|
|
| R.S., c. I-2
|
Immigration Act |
|
|
|
18. The definition ``medical officer'' in
subsection 2(1) of the Immigration Act is
replaced by the following:
|
|
| ``medical
officer'' « médecin agréé »
|
``medical officer'' means a qualified medical
practitioner authorized or recognized by or
der of the Minister as a medical officer for
the purposes of any or all provisions of this
Act;
|
|
| R.S., c. N-10
|
Department of National Health and Welfare Act |
|
|
|
19. Paragraph 4(2)(c) of the Department
of National Health and Welfare Act is
replaced by the following:
|
|
|
|
|
|
| R.S., c. P-21
|
Privacy Act |
|
|
|
20. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Departments and Ministries of State'':
|
|
|
|
Department of Citizenship and Immigration
|
|
|
|
|
|
| 1991, c. 30
|
Public Sector Compensation Act |
|
|
|
21. Schedule I to the Public Sector
Compensation Act is amended by adding the
following in alphabetical order under the
heading ``Departments'':
|
|
|
|
Department of Citizenship and Immigration
|
|
|
|
|
|
| R.S., c. S-3
|
Salaries Act |
|
|
|
22. Section 4 of the Salaries Act is
amended by adding the following:
|
|
|
|
The Minister of Citizenship and
Immigration*cl46,645
|
|