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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
respecting immigration to Canada and the granting of refugee
protection to persons who are displaced, persecuted or in danger''.
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This enactment replaces the existing Immigration Act, providing
clearer, modern legislation to ensure that Canada's immigration and
refugee protection system is able to respond to new challenges and
opportunities. The enactment provides for
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(a) objectives that reflect the values of Canadian society;
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(b) effective reporting to Parliament through a complete,
consolidated annual report;
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(c) agreements that facilitate cooperation with provinces and foreign
states;
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(d) a description of the major classes of foreign
nationals - economic class, family class, and Convention refugees
and persons in similar circumstances;
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(e) recognition of Canada's commitment to the principle of the ``best
interest of the child'';
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(f) clear, objective residency requirements for permanent residents;
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(g) a strong, effective refugee protection program that incorporates
the protection grounds of the Geneva Convention and the
Convention Against Torture and the grounds of risk to life or of cruel
and unusual treatment or punishment;
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(h) a more efficient refugee determination process through greater
use of single member panels;
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(i) a Refugee Appeal Division within the Immigration and Refugee
Board to enhance fairness and consistency in decision-making;
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(j) tightened ineligibility provisions for serious criminals, security
threats and repeat claimants who seek access to the refugee
protection process of the Immigration and Refugee Board;
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(k) formalization of a pre-removal risk assessment to review
changed circumstances related to risk of return;
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(l) inadmissibility provisions for criminals, persons who constitute
security threats, violators of human rights and persons who should
not be allowed into Canada because of fraud, misrepresentation,
financial reasons or health concerns;
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(m) clear detention criteria with authority to further clarify detention
grounds in regulations;
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(n) enhanced procedures for dealing with security threats through
admissibility hearings and the security certificate process;
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(o) offences for human smuggling and trafficking with a maximum
penalty of life in prison;
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(p) penalties for assisting in obtaining immigration status by fraud or
misrepresentation; and
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(q) an immigration appeal system that enhances integrity and
effectiveness while maintaining fairness and legal safeguards.
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Clause 202: The relevant portion of subsection 4(1)
reads as follows:
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4. (1) Subject to this Act, but notwithstanding any other Act of
Parliament, every person who is
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(b) a permanent resident within the meaning of the Immigration Act,
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has a right to and shall, on request, be given access to any record under
the control of a government institution.
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Clause 203: The definition ``producer'' in subsection
2(1) reads as follows:
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``producer'' means a producer of an agricultural product who is
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(a) a Canadian citizen or a permanent resident;
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(b) a corporation a majority of whose voting shares are held by
Canadian citizens or permanent residents;
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(c) a cooperative a majority of whose members are Canadian
citizens or permanent residents; or
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(d) a partnership or other association of persons where partners
or members who are Canadian citizens or permanent residents are
entitled to at least 50% of the profits of the partnership or
association.
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For the purposes of Parts I and IV, ``producer'' includes a person or
entity mentioned in any of paragraphs (a) to (d) that is entitled to a
crop or a share in it as landlord, vendor, mortgagee or hypothecary
creditor on a date specified for the purposes of this definition in an
advance guarantee agreement. In this definition, ``permanent
resident'' has the same meaning as in subsection 2(1) of the
Immigration Act.
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Clause 204: Subsection 7(2) reads as follows:
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(2) A person is qualified to apply to form an association if the person
is eighteen years of age or more and is a Canadian citizen or a permanent
resident within the meaning of the Immigration Act.
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Clause 205: Subsection 40(2) reads as follows:
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(2) Only a Canadian citizen ordinarily resident in Canada or a
permanent resident within the meaning of the Immigration Act may be
a director of the Corporation.
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Clause 206: The relevant portion of the definition
``resident Canadian'' in section 2 reads as follows:
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``resident Canadian'' means a natural person who is
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(c) a permanent resident within the meaning of the Immigration
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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Clause 207: The relevant portion of subsection 27(1)
reads as follows:
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27. (1) From and out of its funds, the Foundation may, subject to
subsection (2), grant scholarships only to persons who
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(a) are Canadian citizens or permanent residents within the meaning
of the Immigration Act;
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Clause 208: (1) and (2) The relevant portion of
subsection 6(6) reads as follows:
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(6) No individual is eligible to be appointed or to continue as
President, Chairperson or a director if the individual is
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(a) neither a Canadian citizen nor a permanent resident, within the
meaning of subsection 2(1) of the Immigration Act;
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(c) a permanent resident, within the meaning of subsection 2(1) of
the Immigration Act, who has been ordinarily resident in Canada for
more than one year after first becoming eligible to apply for
Canadian citizenship;
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Clause 209: The relevant portion of the definition
``resident Canadian'' in subsection 2(1) reads as follows:
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``resident Canadian'' means an individual who is
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(c) a permanent resident within the meaning of the Immigration
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 he first became eligible to apply
for Canadian citizenship;
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Clause 210: The relevant portion of subsection 16(2)
reads as follows:
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(2) No person may be appointed or continue as a director of the
Agency who
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(a) is not a Canadian citizen or a permanent resident under the
Immigration Act;
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Clause 211: The relevant portion of section 331 reads
as follows:
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331. No person who does not reside in Canada shall, during an
election period, in any way induce electors to vote or refrain from voting
or vote or refrain from voting for a particular candidate unless the
person is
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(b) a permanent resident as defined in subsection 2(1) of the
Immigration Act.
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Clause 212: The relevant portion of subsection 354(2)
reads as follows:
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(2) The following persons are not eligible to be a financial agent of
a third party:
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(d) a person who is not a Canadian citizen or a permanent resident
as defined in subsection 2(1) of the Immigration Act.
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Clause 213: The relevant portion of section 358 reads
as follows:
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358. No third party shall use a contribution for election advertising
purposes if the contribution is from
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(a) a person who is not a Canadian citizen or a permanent resident
as defined in subsection 2(1) of the Immigration Act;
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Clause 214: The relevant portion of subsection 404(1)
reads as follows:
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(1) The following are not eligible to make a contribution to a
registered party, to one of its trust funds, to an electoral district
association or to a candidate:
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(a) a person who is not a Canadian citizen or a permanent resident
as defined in subsection 2(1) of the Immigration Act;
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Clause 215: Subsection 10(4) reads as follows:
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(4) The members of the Board must be Canadian citizens or
permanent residents within the meaning of the Immigration Act.
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Clause 216: The relevant portion of the definition
``qualified person'' in section 2 reads as follows:
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``qualified person'' means
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(a) a Canadian citizen or a permanent resident within the meaning
of subsection 2(1) of the Immigration Act, or
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Clause 217: Subsection 125(2) reads as follows:
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(2) No certificate shall be granted under this Part to an applicant
therefor unless he is a Canadian citizen or a permanent resident of
Canada within the meaning of the Immigration Act.
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Clause 218: The relevant portion of subsection 712(3)
reads as follows:
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(3) The right to file a claim under this section is limited to persons
who
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(b) except in the case of paragraph (1)(d),
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(i) are Canadian citizens or permanent residents of Canada within
the meaning of the Immigration Act, in the case of an individual,
or
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Clause 219: The relevant portion of the definition
``qualifying student'' in subsection 2(1) reads as
follows:
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``qualifying student'' means a person
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(a) who is a Canadian citizen or a permanent resident within the
meaning of the Immigration Act,
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Clause 220: The relevant portion of the definition
``qualifying student'' in subsection 2(1) reads as
follows:
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``qualifying student'' means a person
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(a) who is a Canadian citizen or a permanent resident within the
meaning of the Immigration Act,
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Clause 221: The relevant portion of subsection 7(2)
reads as follows:
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(2) The Agency shall consist of
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each of whom must, on appointment or reappointment and while
serving as a member, be a Canadian citizen or permanent resident
within the meaning of the Immigration Act.
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Clause 222: The definition ``Canadian'' in subsection
55(1) reads as follows:
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``Canadian'' means a Canadian citizen or a permanent resident within
the meaning of the Immigration Act, a government in Canada or an
agent of such a government or a corporation or other entity that is
incorporated or formed under the laws of Canada or a province, that
is controlled in fact by Canadians and of which at least seventy-five
per cent, or such lesser percentage as the Governor in Council may
by regulation specify, of the voting interests are owned and
controlled by Canadians;
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Clause 223: Section 14 reads as follows:
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14. The Service may
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(a) advise any minister of the Crown on matters relating to the
security of Canada, or
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(b) provide any minister of the Crown with information relating to
security matters or criminal activities,
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that is relevant to the exercise of any power or the performance of any
duty or function by that Minister under the Citizenship Act or the
Immigration Act.
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Clause 224: The relevant portion of subsection 16(1)
reads as follows:
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16. (1) Subject to this section, the Service may, in relation to the
defence of Canada or the conduct of the international affairs of Canada,
assist the Minister of National Defence or the Minister of Foreign
Affairs, within Canada, in the collection of information or intelligence
relating to the capabilities, intentions or activities of
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(b) any person other than
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(ii) a permanent resident within the meaning of the Immigration
Act, or
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Clause 225: The relevant portion of section 38 reads
as follows:
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38. The functions of the Review Committee are
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(c) to conduct investigations in relation to
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(ii) reports made to the Committee pursuant to section 19 of the
Citizenship Act or sections 39 and 81 of the Immigration Act, and
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Clause 226: Section 55 reads as follows:
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55. The Review Committee shall consult with the Director in order
to ensure compliance with section 37 in preparing
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(a) a statement under section 46 of this Act, subsection 45(6) of the
Canadian Human Rights Act, subsection 19(5) of the Citizenship Act
or subsection 39(6) or 81(5) of the Immigration Act; or
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(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53
of this Act, subsection 46(1) of the Canadian Human Rights Act,
subsection 19(6) of the Citizenship Act or subsection 39(10) or 81(8)
of the Immigration Act.
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Clause 227: Section 22 reads as follows:
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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 section 2 of the Immigration Act, be deemed to
have committed that act or omission in Canada.
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Clause 228: (1) The relevant portion of subsection
5(1) reads as follows:
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5. (1) The Minister shall grant citizenship to any person who
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(c) has been lawfully admitted to Canada for permanent residence,
has not ceased since such admission to be a permanent resident
pursuant to section 24 of the Immigration Act, and has, within the
four years immediately preceding the date of his application,
accumulated at least three years of residence in Canada calculated in
the following manner:
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(2) The relevant portion of subsection 5(2) reads as
follows:
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(2) The Minister shall grant citizenship to any person who
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(a) has been lawfully admitted to Canada for permanent residence,
has not ceased since that admission to be a permanent resident
pursuant to section 24 of the Immigration 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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Clause 229: The relevant portion of subsection 11(1)
reads as follows:
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11. (1) The Minister shall grant citizenship to any person who,
having ceased to be a citizen,
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(d) has been lawfully admitted to Canada for permanent residence
after having ceased to be a citizen, has not ceased since that
admission to be a permanent resident pursuant to section 24 of the
Immigration Act and has resided in Canada since that admission for
at least one year immediately preceding the date of his application.
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Clause 230: Subsections 14(1.1) and (1.2) read as
follows:
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(1.1) Where an applicant is a permanent resident who is the subject
of an inquiry under the Immigration 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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(1.2) The expressions ``permanent resident'' and ``removal order''
in subsection (1.1) have the meanings assigned to those expressions by
subsection 2(1) of the Immigration Act.
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Clause 231: The relevant portion of subsection 22(1)
reads as follows:
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22. (1) Notwithstanding anything in this Act, a person shall not be
granted citizenship under section 5 or subsection 11(1) or take the oath
of citizenship
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(e) if the person requires but has not obtained the consent of the
Minister, under subsection 55(1) of the Immigration Act, to be
admitted to and remain in Canada as a permanent resident; or
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Clause 232: The relevant portion of subsection 35(3)
reads as follows:
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(3) Subsections (1) and (2) do not operate so as to authorize or permit
the Lieutenant Governor in Council of a province, or such other person
or authority as is designated by the Lieutenant Governor in Council
thereof, to make any decision or take any action that
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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
the Immigration Act;
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Clause 233: Subsection 19(2) reads as follows:
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(2) Despite subsection (1), inspectors who are Canadian citizens or
permanent residents within the meaning of section 2 of the Immigration
Act only have the privileges and immunities granted in accordance with
paragraph 17(b) and subsection 18(1).
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Clause 234: The relevant portion of the definition
``resident Canadian'' in section 2 reads as follows:
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``resident Canadian'' means a natural person who is
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(c) a permanent resident within the meaning of the Immigration
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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Clause 235: The relevant portion of subsection 15(2)
reads as follows:
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(2) Subsection (1) applies only if the performer's performance
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(i) a sound recording whose maker, at the time of the first fixation,
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(A) if a natural person, was a Canadian citizen or permanent
resident of Canada within the meaning of the Immigration Act,
or a citizen or permanent resident of a Rome Convention
country, or
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Clause 236: Subsection 17(4) reads as follows:
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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 the Immigration 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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Clause 237: The relevant portion of subsection 18(2)
reads as follows:
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(2) Subsection (1) applies only if
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(a) the maker of the sound recording was a Canadian citizen or
permanent resident of Canada within the meaning of the
Immigration 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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Clause 238: (1) The relevant portion of subsection
20(1) reads as follows:
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20. (1) The right to remuneration conferred by section 19 applies
only if
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(a) the maker was, at the date of the first fixation, a Canadian citizen
or permanent resident of Canada within the meaning of the
Immigration 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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(2) Subsection 20(2) reads as follows:
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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 of Canada within the meaning of the
Immigration 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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Clause 239: (1) Subsection 22(1) reads as follows:
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22. (1) Where the Minister is of the opinion that a country other than
a Rome Convention country grants or has undertaken to grant
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(a) to performers and to makers of sound recordings, or
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that are Canadian citizens or permanent residents of Canada within the
meaning of the Immigration 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
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(i) to performers and to makers of sound recordings, or
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as the case may be, that are citizens, subjects or permanent residents
of or, if corporations, have their headquarters in that country, and
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(d) declare that country shall, as regards those benefits, be treated as
if it were a country to which this Part extends.
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(2) Subsection 22(2) reads as follows:
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(2) Where the Minister is of the opinion that a country other than a
Rome Convention country neither grants nor has undertaken to grant
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(a) to performers, and to makers of sound recordings, or
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that are Canadian citizens or permanent residents of Canada within the
meaning of the Immigration 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
those benefits to performers, makers of sound recordings or
broadcasters that are Canadian citizens or permanent residents of
Canada within the meaning of the Immigration Act or, if
corporations, have their headquarters in Canada, and
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(d) declare that that country shall, as regards those benefits, be
treated as if it were a country to which this Part extends.
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Clause 240: (1) The relevant portion of the definition
``eligible maker'' in section 79 reads as follows:
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``eligible maker'' means a maker of a sound recording that embodies a
musical work, whether the first fixation of the sound recording
occurred before or after the coming into force of this Part, if
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(a) both the following two conditions are met:
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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 of Canada within the
meaning of the Immigration Act, and
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(2) The relevant portion of the definition ``eligible
performer'' in section 79 reads as follows:
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``eligible performer'' means the performer of a performer's
performance of a musical work, whether it took place before or after
the coming into force of this Part, if the performer's performance is
embodied in a sound recording and
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(a) both the following two conditions are met:
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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 of
Canada within the meaning of the Immigration Act, and
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Clause 241: (1) The relevant portion of subsection
85(1) reads as follows:
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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 of Canada
within the meaning of the Immigration 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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(2) The relevant portion of subsection 85(2) reads as
follows:
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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 of Canada
within the meaning of the Immigration 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 of Canada within the meaning of the
Immigration Act or, if corporations, have their headquarters in
Canada; and
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Clause 242: Subsections 128(4) to (6) are new.
Subsection 128(3) reads as follows:
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(3) Despite subsection (1), for the purposes of subsection 50(2) of
the Immigration Act and section 40 of the Extradition Act, the sentence
of an offender who has been released on full parole or statutory release
is deemed to be completed unless the full parole or statutory release has
been suspended, terminated or revoked or the offender has returned to
Canada before the expiration of the sentence according to law.
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Clause 243: Section 159 reads as follows:
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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 as defined in
subsection 2(1) of the Immigration Act who is ordinarily resident in
Canada.
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Clause 244: Subsection 7(4.1) reads as follows:
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(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 the Immigration
Act.
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Clause 245: Replacement of the title of the Act and
references to certain provisions.
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Clause 246: New. The relevant portion of the
definition ``enterprise crime offence'' in section 462.3
reads as follows:
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``enterprise crime offence'' means
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Clause 247: The relevant portion of section 477.1
reads as follows:
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477.1 Every person who commits an act or omission that, if it
occurred in Canada, would be an offence under a federal law, within the
meaning of section 2 of the Oceans Act, is deemed to have committed
that act or omission in Canada if it is an act or omission
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(a) in the exclusive economic zone of Canada that
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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 the
Immigration Act;
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Clause 248: The relevant portion of section 4 reads as
follows:
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4. Nothing in this Act shall be construed or applied so as to confer
on the Governor in Council the power to make orders or regulations
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(b) providing for the detention, imprisonment or internment of
Canadian citizens or permanent residents as defined in the
Immigration Act on the basis of race, national or ethnic origin,
colour, religion, sex, age or mental or physical disability.
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Clause 249: The relevant portion of subsection 30(1)
reads as follows:
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30. (1) While a declaration of an international emergency is in effect,
the Governor in Council may make such orders or regulations with
respect to the following matters as the Governor in Council believes, on
reasonable grounds, are necessary for dealing with the emergency:
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(g) the regulation or prohibition of travel outside Canada by
Canadian citizens or permanent residents as defined in the
Immigration Act and of admission into Canada of other persons;
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(h) the removal from Canada of persons, other than
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(ii) permanent residents as defined in the Immigration Act, and
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(iii) persons who are determined under that Act to be Convention
refugees, other than persons described in paragraph 19(1)(c.1),
(e), (f), (g), (j), (k) or (l) of that Act and persons who have been
convicted of any offence under any Act of Parliament for which
a term of imprisonment of
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(A) more than six months has been imposed, or
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(B) five years or more may be imposed;
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Clause 250: Subsection 40(2) reads as follows:
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(2) Before making an order under subsection (1) with respect to a
person who has claimed Convention refugee status under section 44 of
the Immigration Act, the Minister shall consult with the minister
responsible for that Act.
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Clause 251: Subsection 48(2) reads as follows:
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(2) When the Minister orders the discharge of a person and the
person has claimed Convention refugee status under section 44 of the
Immigration Act, the Minister shall send copies of all relevant
documents to the minister responsible for that Act.
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Clause 252: (1) Subsection 75(1) reads as follows:
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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 a member
of an inadmissible class of persons described in section 19 of the
Immigration 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) reads as follows:
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(3) A person in respect of whom an authorization is granted under
subsection (1) and who is found in a place in Canada other than the place
designated in the authorization or in any place in Canada after the expiry
of the period of time specified in the authorization or who fails to
comply with some other condition of the authorization is, for the
purposes of the Immigration Act, deemed to be a person who entered
Canada as a visitor and remains in Canada after they have ceased to be
a visitor.
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Clause 253: (1) The relevant portion of the definition
``Canadian'' in section 2 reads as follows:
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``Canadian'' means
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(b) a permanent resident within the meaning of the Immigration
Act;
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(2) The relevant portion of the definition ``Canadian
corporation'' in section 2 reads as follows:
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``Canadian corporation'' means a corporation
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(c) whose chairperson or other presiding officer and more than
half of whose directors or other similar officers are Canadian
citizens or permanent residents within the meaning of the
Immigration Act;
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Clause 254: The relevant portion of the definition
``eligible individual'' in section 122.6 reads as follows:
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``eligible individual'' in respect of a qualified dependant at any time
means a person who at that time
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(e) is, or whose cohabiting spouse is, a Canadian citizen or a person
who
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(i) is a permanent resident (within the meaning assigned by the
Immigration Act),
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(ii) is a visitor in Canada or the holder of a permit in Canada
(within the meanings assigned by the Immigration Act) who was
resident in Canada throughout the 18 month period preceding
that time, or
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(iii) was determined before that time under the Immigration Act,
or regulations made under that Act, to be a Convention refugee,
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Clause 255: The relevant portion of the definition
``resident Canadian'' in subsection 2(1) reads as follows:
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``resident Canadian'' means a natural person who is
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(c) a permanent resident within the meaning of the Immigration
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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Clause 256: Subsection 13(1) reads as follows:
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13. (1) The Chairman, the Vice-Chairman, the President and six
other directors must be Canadian citizens or permanent residents as
defined in the Immigration Act.
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Clause 257: (1) Subsection 17(2) reads as follows:
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(2) A majority of the members of the executive committee must be
Canadian citizens or permanent residents as defined in the Immigration
Act.
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(2) Subsection 17(6) reads as follows:
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(6) Three members of the executive committee, a majority of whom
are Canadian citizens or permanent residents as defined in the
Immigration Act, constitute a quorum at any meeting of the committee.
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Clause 258: Subsection 20(2) reads as follows:
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(2) Seven directors, at least five of whom are Canadian citizens or
permanent residents as defined in the Immigration Act, constitute a
quorum at any meeting of the Board.
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Clause 259: The relevant portion of the definition
``Canadian'' in section 3 reads as follows:
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``Canadian'' means
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(b) a permanent resident within the meaning of the Immigration
Act who has been ordinarily resident in Canada for not more than
one year after the time at which he first became eligible to apply
for Canadian citizenship,
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Clause 260: The relevant portion of subsection 14(1)
reads as follows:
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14. (1) The Commission may determine that an employee who has
been certified under section 11 is qualified to receive labour adjustment
benefits if
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(a) he is a Canadian citizen resident in Canada or a permanent
resident within the meaning given that term by subsection 2(1) of the
Immigration Act;
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Clause 261: (1) Subsection 40(1) reads as follows:
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40. (1) The Minister may, in order to give effect to a request of a
Canadian competent authority, authorize a person in a state or entity
who is a member of an inadmissible class of persons described in
section 19 of the Immigration 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 of time specified by the Minister, and the
Minister may make the authorization subject to any conditions that the
Minister considers desirable.
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(2) Subsection 40(3) reads as follows:
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(3) A person to whom an authorization is granted under subsection
(1) who is found in a place in Canada other than the place designated in
the authorization or in any place in Canada after the expiration of the
period of time specified in the authorization or who fails to comply with
some other condition of the authorization shall, for the purposes of the
Immigration Act, be deemed to be a person who entered Canada as a
visitor and remains therein after he has ceased to be a visitor.
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Clause 262: Subsection 3(4) reads as follows:
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(4) A person is not eligible to be appointed or to continue as a
member of the Board if that person is not a Canadian citizen or
permanent resident within the meaning of the Immigration Act or is, as
owner, shareholder, director, officer, partner or otherwise, engaged in
the business of producing, selling, buying, transmitting, exporting,
importing or otherwise dealing in hydrocarbons or electricity or holds
any bond, debenture or other security of a corporation engaged in any
such business.
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Clause 263: The relevant portion of the definition
``specially qualified individual'' in section 2 reads as
follows:
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``specially qualified individual'' means a person who has not resided in
Canada after attaining eighteen years of age for an aggregate period
of ten or more years other than such a person to whom a pension or
spouse's allowance was payable
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(b) for the month of January 2001 or an earlier month, where,
before March 7, 1996, the person was residing in Canada as a
Canadian citizen or a permanent resident as defined in subsection
2(1) of the Immigration Act;
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Clause 264: The relevant portion of subsection 11(7)
reads as follows:
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(7) No supplement may be paid to a pensioner for
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(e) any month during which the pensioner is
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(ii) a permanent resident, as defined in subsection 2(1) of the
Immigration Act, in respect of whom an undertaking by a sponsor
is in effect as provided in that Act and regulations under that Act.
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Clause 265: The relevant portion of subsection 19(6)
reads as follows:
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(6) No spouse's allowance may be paid under this section to the
spouse of a pensioner pursuant to an application therefor for
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(d) any month during which the spouse is
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(ii) a permanent resident, as defined in subsection 2(1) of the
Immigration Act, in respect of whom an undertaking by a sponsor
is in effect as provided in that Act and regulations under that Act.
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Clause 266: The relevant portion of subsection 21(9)
reads as follows:
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(9) No spouse's allowance may be paid under this section to a widow
pursuant to an application therefor for
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(c) any month during which the widow is
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(ii) a permanent resident, as defined in subsection 2(1) of the
Immigration Act, in respect of whom an undertaking by a sponsor
is in effect as provided in that Act and regulations under that Act.
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Clause 267: The relevant portion of section 33.11
reads as follows:
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33.11 Despite any other Act or law,
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(b) the Minister of Citizenship and Immigration and officers and
employees of the Department of Citizenship and Immigration may
make available to the Minister or a public officer of the Department
of Human Resources Development any information that was
obtained in the administration of the Immigration Act that relates to
an applicant, a beneficiary or a spouse of an applicant or beneficiary,
if the information is necessary for the administration of this Act; and
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Clause 268: The relevant portion of subsection 22(2)
reads as follows:
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(2) No licence or pilotage certificate shall be issued to an applicant
therefor unless the applicant is
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(b) a permanent resident within the meaning of the Immigration Act
who has not been ordinarily resident in Canada for six years or who
has been ordinarily resident in Canada for six years or more and is
shown, to the satisfaction of the Authority, not to have become a
Canadian citizen as a result of circumstances beyond the control of
the applicant.
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Clause 269: The relevant portion of subsection 12(1)
reads as follows:
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12. (1) Subject to this Act, every individual who is a Canadian citizen
or a permanent resident within the meaning of the Immigration Act has
a right to and shall, on request, be given access to
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Clause 270: The relevant portion of subsection 55(3)
reads as follows:
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(3) If the Centre, on the basis of its analysis and assessment under
paragraph 54(c), has reasonable grounds to suspect that designated
information would be relevant to investigating or prosecuting a money
laundering offence, the Centre shall disclose the information to
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(d) the Department of Citizenship and Immigration, if the Centre also
determines that the information would promote the objective set out
in paragraph 3(j) of the Immigration Act and is relevant to
determining whether a person is a person described in subsection
19(1) or (2) or section 27 of that Act or to an offence under section
94.1, 94.2, 94.4, 94.5 or 94.6 of that Act.
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Clause 271: The relevant portion of subsection
11.17(2) reads as follows:
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(2) For the purposes of this section, ``Canadian'' includes
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(b) a permanent resident within the meaning of the Immigration Act
who has been ordinarily resident in Canada for not more than one
year after the time at which the permanent resident first became
eligible to apply for Canadian citizenship; and
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Clause 272: The relevant portion of the definition
``resident Canadian'' in section 2 reads as follows:
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``resident Canadian'' means a natural person who is
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(c) a permanent resident within the meaning of the Immigration
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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