| 1995, c. 25
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Chemical Weapons Convention
Implementation Act
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227. Section 22 of the Chemical Weapons
Convention Implementation Act is replaced
by the following:
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| Offence
outside
Canada
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22. Every individual who commits, outside
Canada, an act or omission that would, if
committed in Canada, be an offence under this
Act, shall, if the individual is a Canadian
citizen or a permanent resident within the
meaning of subsection 2(1) of the
Immigration and Refugee Protection Act , be
deemed to have committed that act or
omission in Canada.
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| R.S., c. C-29
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Citizenship Act
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228. (1) The portion of paragraph 5(1)(c)
of the Citizenship Act before subparagraph
(i) is replaced by the following:
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(c) is a permanent resident within the
meaning of subsection 2(1) of the
Immigration and Refugee Protection Act ,
and has, within the four years immediately
preceding the date of his or her application,
accumulated at least three years of
residence in Canada calculated in the
following manner:
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(2) Paragraph 5(2)(a) of the Act is
replaced by the following:
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(a) is a permanent resident within the
meaning of subsection 2(1) of the
Immigration and Refugee Protection Act ,
and is the minor child of a citizen if an
application for citizenship is made to the
Minister by a person authorized by
regulation to make the application on
behalf of the minor child; or
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229. Paragraph 11(1)(d) of the Act is
replaced by the following:
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(d) has become a permanent resident within
the meaning of subsection 2(1) of the
Immigration and Refugee Protection Act
and has, since having ceased to be a citizen
and become a permanent resident , resided
in Canada for at least one year immediately
preceding the date of the application.
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| 1995, c. 15,
s. 23
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230. Subsections 14(1.1) and (1.2) of the
Act are replaced by the following:
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| Interruption
of
proceedings
|
(1.1) Where an applicant is a permanent
resident who is the subject of an admissibility
hearing under the Immigration and Refugee
Protection Act , the citizenship judge may not
make a determination under subsection (1)
until there has been a final determination
whether, for the purposes of that Act, a
removal order shall be made against that
applicant.
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| 1999, c. 31,
s. 42
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231. Paragraph 22(1)(e) of the Act is
replaced by the following:
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(e) if the person has not obtained the
authorization to return to Canada required
under subsection 52(1) of the Immigration
and Refugee Protection Act ; or
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232. Paragraph 35(3)(a) of the Act is
replaced by the following:
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(a) prohibits, annuls or restricts the taking
or acquisition directly or indirectly of, or
the succession to, any interest in real
property located in a province by a
permanent resident within the meaning of
subsection 2(1) of the Immigration and
Refugee Protection Act ;
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| 1998, c. 32
|
Comprehensive Nuclear Test-Ban Treaty
Implementation Act
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233. Subsection 19(2) of the
Comprehensive Nuclear Test-Ban Treaty
Implementation Act is replaced by the
following:
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| Canadian
inspectors
|
(2) Despite subsection (1), inspectors who
are Canadian citizens or permanent residents
within the meaning of subsection 2(1) of the
Immigration and Refugee Protection Act only
have the privileges and immunities granted in
accordance with paragraph 17(b) and
subsection 18(1).
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| 1991, c. 48
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Cooperative Credit Associations Act
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234. Paragraph (c) of the definition
``resident Canadian'' in section 2 of the
Cooperative Credit Associations Act is
replaced by the following:
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(c) a permanent resident within the
meaning of subsection 2(1) of the
Immigration and Refugee Protection Act
and ordinarily resident in Canada, except
a permanent resident who has been
ordinarily resident in Canada for more
than one year after the time at which the
individual first became eligible to apply
for Canadian citizenship;
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| R.S., c. C-42
|
Copyright Act
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| 1997, c. 24,
s. 14
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235. Clause 15(2)(b)(i)(A) of the
Copyright Act is replaced by the following:
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(A) if a natural person, was a Canadian
citizen or permanent resident within
the meaning of subsection 2(1) of the
Immigration and Refugee Protection
Act , or a citizen or permanent resident
of a Rome Convention country, or
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| 1997, c. 24,
s. 14
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236. Subsection 17(4) of the Act is
replaced by the following:
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| Exception
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(4) If so requested by a country that is a
party to the North American Free Trade
Agreement, the Minister may, by a statement
published in the Canada Gazette, grant the
benefits conferred by this section, subject to
any terms and conditions specified in the
statement, to performers who are nationals of
that country or another country that is a party
to the Agreement or are Canadian citizens or
permanent residents within the meaning of
subsection 2(1) of the Immigration and
Refugee Protection Act and whose
performer's performances are embodied in
works other than the prescribed
cinematographic works referred to in
subsection (3).
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| 1997, c. 24,
s. 14
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237. The portion of paragraph 18(2)(a) of
the Act before subparagraph (i) is replaced
by the following:
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(a) the maker of the sound recording was a
Canadian citizen or permanent resident
within the meaning of subsection 2(1) of
the Immigration and Refugee Protection
Act , or a citizen or permanent resident of a
Berne Convention country, a Rome
Convention country or a country that is a
WTO Member, or, if a corporation, had its
headquarters in one of the foregoing
countries,
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| 1997, c. 24,
s. 14
|
238. (1) Paragraph 20(1)(a) of the Act is
replaced by the following:
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(a) the maker was, at the date of the first
fixation, a Canadian citizen or permanent
resident within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act , or a citizen or permanent
resident of a Rome Convention country, or,
if a corporation, had its headquarters in one
of the foregoing countries; or
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| 1997, c. 24,
s. 14
|
(2) Subsection 20(2) of the Act is replaced
by the following:
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| Exception
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(2) Notwithstanding subsection (1), if the
Minister is of the opinion that a Rome
Convention country does not grant a right to
remuneration, similar in scope and duration to
that provided by section 19, for the
performance in public or the communication
to the public of a sound recording whose
maker, at the date of its first fixation, was a
Canadian citizen or permanent resident within
the meaning of subsection 2(1) of the
Immigration and Refugee Protection Act or, if
a corporation, had its headquarters in Canada,
the Minister may, by a statement published in
the Canada Gazette, limit the scope and
duration of the protection for sound
recordings whose first fixation is done by a
maker who is a citizen or permanent resident
of that country or, if a corporation, has its
headquarters in that country.
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| 1997, c. 24,
s. 14
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239. (1) The portion of subsection 22(1) of
the Act after paragraph (b) and before
paragraph (c) is replaced by the following:
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that are Canadian citizens or permanent
residents within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act or, if corporations, have their
headquarters in Canada, as the case may be,
whether by treaty, convention, agreement or
law, benefits substantially equivalent to those
conferred by this Part, the Minister may, by a
statement published in the Canada Gazette,
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| 1997, c. 24,
s. 14
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(2) The portion of subsection 22(2) of the
Act after paragraph (b) and before
paragraph (d) is replaced by the following:
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that are Canadian citizens or permanent
residents within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act or, if corporations, have their
headquarters in Canada, as the case may be,
whether by treaty, convention, agreement or
law, benefits substantially equivalent to those
conferred by this Part, the Minister may, by a
statement published in the Canada Gazette,
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(c) grant the benefits conferred by this Part
to performers, makers of sound recordings
or broadcasters that are citizens, subjects or
permanent residents of or, if corporations,
have their headquarters in that country, as
the case may be, to the extent that that
country grants that those benefits to
performers, makers of sound recordings or
broadcasters that are Canadian citizens or
permanent residents within the meaning of
subsection 2(1) of the Immigration and
Refugee Protection Act or, if corporations,
have their headquarters in Canada, and
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| 1997, c. 24,
s. 50
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240. (1) Subparagraph (a)(i) of the
definition ``eligible maker'' in section 79 of
the Act is replaced by the following:
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(i) the maker, at the date of that first
fixation, if a corporation, had its
headquarters in Canada or, if a natural
person, was a Canadian citizen or
permanent resident within the
meaning of subsection 2(1) of the
Immigration and Refugee Protection
Act , and
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| 1997, c. 24,
s. 50
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(2) Subparagraph (a)(i) of the definition
``eligible performer'' in section 79 of the
Act is replaced by the following:
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(i) the performer was, at the date of the
first fixation of the sound recording, a
Canadian citizen or permanent
resident within the meaning of
subsection 2(1) of the Immigration
and Refugee Protection Act , and
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| 1997, c. 24,
s. 50
|
241. (1) The portion of subsection 85(1) of
the Act before paragraph (a) is replaced by
the following:
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| Reciprocity
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85. (1) Where the Minister is of the opinion
that another country grants or has undertaken
to grant to performers and makers of sound
recordings that are Canadian citizens or
permanent residents within the meaning of
subsection 2(1) of the Immigration and
Refugee Protection Act or, if corporations,
have their headquarters in Canada, as the case
may be, whether by treaty, convention,
agreement or law, benefits substantially
equivalent to those conferred by this Part, the
Minister may, by a statement published in the
Canada Gazette,
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| 1997, c. 24,
s. 50
|
(2) The portion of subsection 85(2) of the
Act before paragraph (b) is replaced by the
following:
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| Reciprocity
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(2) Where the Minister is of the opinion that
another country neither grants nor has
undertaken to grant to performers or makers of
sound recordings that are Canadian citizens or
permanent residents within the meaning of
subsection 2(1) of the Immigration and
Refugee Protection Act or, if corporations,
have their headquarters in Canada, as the case
may be, whether by treaty, convention,
agreement or law, benefits substantially
equivalent to those conferred by this Part, the
Minister may, by a statement published in the
Canada Gazette,
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(a) grant the benefits conferred by this Part
to performers or makers of sound
recordings that are citizens, subjects or
permanent residents of or, if corporations,
have their headquarters in that country, as
the case may be, to the extent that that
country grants those benefits to performers
or makers of sound recordings that are
Canadian citizens or permanent residents
within the meaning of subsection 2(1) of
the Immigration and Refugee Protection
Act or, if corporations, have their
headquarters in Canada; and
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| 1992, c. 20
|
Corrections and Conditional Release Act
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| 1999, c. 18,
s. 87
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242. Subsection 128(3) of the Corrections
and Conditional Release Act is replaced by
the following:
|
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| Deeming
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(3) Despite subsection (1), for the purposes
of paragraph 50(b) of the Immigration and
Refugee Protection Act and section 40 of the
Extradition Act, the sentence of an offender
who has been released on parole, statutory
release or an unescorted temporary absence is
deemed to be completed unless the parole or
statutory release has been suspended,
terminated or revoked or the unescorted
temporary absence is suspended or cancelled
or the offender has returned to Canada before
the expiration of the sentence according to
law.
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| Removal
order
|
(4) Despite this Act or the Prisons and
Reformatories Act, an offender against whom
a removal order has been made under the
Immigration and Refugee Protection Act is
ineligible for day parole or an unescorted
temporary absence until the offender is
eligible for full parole.
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| Parole
inoperative
where parole
eligibility date
in future
|
(5) If, before the full parole eligibility date,
a removal order is made under the
Immigration and Refugee Protection Act
against an offender who has received day
parole or an unescorted temporary absence, on
the day that the removal order is made, the day
parole or unescorted temporary absence
becomes inoperative and the offender shall be
reincarcerated.
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| Exception
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(6) An offender referred to in subsection (4)
is eligible for day parole or an unescorted
temporary absence if the removal order is
stayed under paragraph 50(b), 66(b) or
114(1)(b) of the Immigration and Refugee
Protection Act.
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| Exception
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(7) Where the removal order of an offender
referred to in subsection (5) is stayed under
paragraph 50(b), 66(b) or 114(1)(b) of the
Immigration and Refugee Protection Act on a
day prior to the full parole eligibility of the
offender, the unescorted temporary absence or
day parole of that offender is resumed as of the
day of the stay.
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243. Section 159 of the Act is replaced by
the following:
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| Eligibility
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159. A person is eligible to be appointed as
Correctional Investigator or to continue in that
office only if the person is a Canadian citizen
ordinarily resident in Canada or a permanent
resident within the meaning of subsection
2(1) of the Immigration and Refugee
Protection Act who is ordinarily resident in
Canada.
|
|
| R.S., c. C-46
|
Criminal Code
|
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| 1997, c. 16,
s. 1
|
244. Subsection 7(4.1) of the Criminal
Code is replaced by the following:
|
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| Offence in
relation to
sexual
offences
against
children
|
(4.1) Notwithstanding anything in this Act
or any other Act, every one who, outside
Canada, commits an act or omission that if
committed in Canada would be an offence
against section 151, 152, 153, 155 or 159,
subsection 160(2) or (3), section 163.1, 170,
171 or 173 or subsection 212(4) shall be
deemed to commit that act or omission in
Canada if the person who commits the act or
omission is a Canadian citizen or a permanent
resident within the meaning of subsection 2(1)
of the Immigration and Refugee Protection
Act .
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|
| R.S., c. 9 (4th
Supp.), s. 17
|
245. The reference to ``sections 94.1 and
94.2 (organizing entry into Canada), 94.4
(disembarking persons at sea) and 94.5
(counselling false statements) of the
Immigration Act'' in the definition
``offence'' in section 183 of the Act is
replaced by a reference to ``sections 117
(organizing entry into Canada), 118
(trafficking in persons), 119 (disembarking
persons at sea), 122 (offences related to
documents), 126 (counselling
misrepresentation) and 129 (offences
relating to officers) of the Immigration and
Refugee Protection Act''.
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246. The definition ``enterprise crime
offence'' in section 462.3 of the Act is
amended by striking out the word ``or'' at
the end of paragraph (b.1) and by adding
the following after that paragraph:
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(b.2) an offence against section 117, 118,
119, 122, 124, 126, 127, 129, 130 or 131
of the Immigration and Refugee
Protection Act, or
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| 1996, c. 31,
s. 68
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247. Subparagraph 477.1(a)(ii) of the Act
is replaced by the following:
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(ii) is committed by or in relation to a
person who is a Canadian citizen or a
permanent resident within the meaning
of subsection 2(1) of the Immigration
and Refugee Protection Act ;
|
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| R.S., c. 22
(4th Supp.)
|
Emergencies Act
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248. Paragraph 4(b) of the Emergencies
Act is replaced by the following:
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(b) providing for the detention,
imprisonment or internment of Canadian
citizens or permanent residents within the
meaning of subsection 2(1) of the
Immigration and Refugee Protection Act on
the basis of race, national or ethnic origin,
colour, religion, sex, age or mental or
physical disability.
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| 1992, c. 49,
s. 125
|
249. Paragraphs 30(1)(g) and (h) of the
Act are replaced by the following:
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(g) the regulation or prohibition of travel
outside Canada by Canadian citizens or
permanent residents within the meaning of
subsection 2(1) of the Immigration and
Refugee Protection Act and of admission
into Canada of other persons;
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(h) the removal from Canada of persons,
other than Canadian citizens and
permanent residents within the meaning of
subsections 2(1) and 95(2) of the
Immigration and Refugee Protection Act ,
and protected persons within the meaning
of that Act who are not inadmissible under
that Act
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(i) on grounds of security, violating
human or international rights or serious
criminality, or
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(ii) on grounds of criminality and who
have not been convicted of any offence
under any Act of Parliament for which a
term of imprisonment of more than six
months has been imposed, or five years
or more may be imposed;
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| 1999, c. 18
|
Extradition Act
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250. Subsection 40(2) of the Extradition
Act is replaced by the following:
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| When refugee
claim
|
(2) Before making an order under
subsection (1) with respect to a person who has
made a claim for refugee protection under the
Immigration and Refugee Protection Act , the
Minister shall consult with the minister
responsible for that Act.
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251. Subsection 48(2) of the Act is
replaced by the following:
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| When refugee
claim
|
(2) When the Minister orders the discharge
of a person and the person has made a claim for
refugee protection under the Immigration and
Refugee Protection Act , the Minister shall
send copies of all relevant documents to the
minister responsible for that Act.
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252. (1) Subsection 75(1) of the Act is
replaced by the following:
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| Special
authorization
|
75. (1) The Minister may, in order to give
effect to a request for consent to transit,
authorize a person in a State or entity who is
inadmissible under the Immigration and
Refugee Protection Act to come into Canada
at a place designated by the Minister and to go
to and remain in a place in Canada so
designated for the period specified by the
Minister. The Minister may make the
authorization subject to any conditions that
the Minister considers desirable.
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(2) Subsection 75(3) of the Act is replaced
by the following:
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