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Bill C-44

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R.S., c. C-29; R.S., c. 28 (1st Supp.), cc. 30, 44 (3rd Supp.), c. 28 (4th Supp.); 1992, cc. 1, 21, 47, 49; 1993, c. 28

CITIZENSHIP ACT

23. Section 14 of the Citizenship Act is amended by adding the following after subsection (1):

Interruption of proceedings

(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.

Definitions

(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.

CONSEQUENTIAL AMENDMENT

R.S., c. 1 (2nd Supp.) [c. C-52.6]

Customs Act

24. The definition ``goods'' in subsection 2(1) of the Customs Act is replaced by the following:

``goods''
« marchandis es »

``goods'', for greater certainty, includes conveyances, animals and any document in any form;

CONDITIONAL AMENDMENTS

25. (1) On the later of the day on which section 10.3 of the Immigration Act, as enacted by section 5 of An Act to amend the Immigration Act and other Acts in consequence thereof, chapter 49 of the Statutes of Canada, 1992, and the day on which subparagraph 23(4)(a)(ii) of the Immigration Act, as enacted by subsection 3(2) of this Act, comes into force, that subparagraph is replaced by the following:

      (ii) the class of persons referred to in paragraph 19(2)(d) by reason of the fact that the person does not possess a valid and subsisting passport, visa or student or employment authorization and is not a person to whom a document was provided pursuant to section 10.3; and

(2) On the later of the day on which section 10.3 of the Immigration Act, as enacted by section 5 of An Act to amend the Immigration Act and other Acts in consequence thereof, chapter 49 of the Statutes of Canada, 1992, and the day on which subparagraph 23(4.01)(a)(ii) of the Immigration Act, as enacted by subsection 3(2) of this Act, comes into force, that subparagraph is replaced by the following:

      (ii) the inadmissible class described in paragraph 19(2)(d) by reason of the fact that the person does not possess a valid and subsisting passport, visa or student or employment authorization and is not a person to whom a document was provided pursuant to section 10.3; and

TRANSITIONAL PROVISIONS

Conditional departure notice or conditional exclusion order becomes deportation order

26. A conditional departure notice or a conditional exclusion order issued before February 1, 1993 becomes a deportation order on the latest of

    (a) the day on which this section comes into force,

    (b) the expiration of the period normally allowed for making an application for judicial review, in accordance with the Immigration Act, of a decision of the Refugee Division,

    (c) the day on which a decision is made under the Immigration Act

      (i) refusing to grant leave for judicial review of a decision of the Refugee Division, or

      (ii) refusing to grant leave to appeal a decision of the Refugee Division in accordance with the Immigration Act, as it read immediately before February 1, 1993,

    (d) the expiration of the period normally allowed for taking an appeal, in accordance with the Immigration Act, from a decision of the Federal Court - Trial Division in relation to a decision of the Refugee Division, and

    (e) the expiration of the period normally allowed for taking an appeal from a decision of the Federal Court of Appeal in relation to a decision of the Refugee Division, the day on which application for leave to appeal from a decision of the Federal Court of Appeal is dismissed by the Supreme Court of Canada or, where leave to appeal is granted, the day on which the Supreme Court of Canada reaches a decision in the matter.

Inquiries

27. (1) Where a senior immigration officer has caused an inquiry to be held under subsection 23(4.2) of the Immigration Act as that provision read on the day immediately before the coming into force of this section with respect to a person described in paragraph 23(4)(b) of the Immigration Act as that provision read on the day immediately before the coming into force of this section and the adjudicator has not commenced the hearing on or before that day, the case shall be referred to a senior immigration officer who shall take the appropriate action under subsection 23(4) or (4.01) of the Immigration Act as enacted by this Act.

Inquiries

(2) Where a senior immigration officer has caused an inquiry to be held under subsection 27(6) of the Immigration Act as that provision read on the day immediately before the coming into force of this section with respect to a person described in paragraph 27(4)(b) of the Immigration Act as enacted by this Act and the adjudicator has not commenced the hearing on or before that day, the case shall be referred to a senior immigration officer who shall take the appropriate action under subsection 27(4) of the Immigration Act as enacted by this Act.

COMING INTO FORCE

Coming into force

28. This Act, any provision of this Act or any provision of any Act as enacted by this Act comes into force on a day or days to be fixed by order of the Governor in Council.

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