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Bill C-31

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RECOMMENDATION

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''.

SUMMARY

This enactment replaces the Immigration Act, providing clearer, modern legislation to ensure that Canada's immigration and refugee protection system is able to respond to present challenges and opportunities. The enactment provides for

    (a) objectives that reflect the values of Canadian society;

    (b) effective reporting to Parliament through a complete, consolidated annual report;

    (c) agreements that facilitate cooperation with governments of provinces and foreign states;

    (d) a description of the major classes of foreign nationals - the economic, family, Convention refugees overseas, Convention refugees in Canada, persons in need of protection and humanitarian classes;

    (e) recognition of Canada's commitment to the principle of the ``best interest of the child'';

    (f) clear, objective residency requirements for permanent residents;

    (g) a strong, effective refugee protection system that allows for decision-making on protection grounds including the Geneva Convention and the Convention Against Torture and on grounds of risk to life or of cruel and unusual treatment or punishment;

    (h) a more efficient refugee determination process through greater use of single member panels;

    (i) a Refugee Appeal Division within the Immigration and Refugee Board to enhance rigour, fairness and consistency in decision-making;

    (j) ineligibility of foreign nationals who are serious criminals, security threats and repeat claimants to the refugee protection process of the Immigration and Refugee Board;

    (k) formalization of a pre-removal risk assessment to review changed circumstances related to risk of return;

    (l) inadmissibility provisions for foreign nationals who are criminals, security threats, violators of human rights or who should not be allowed into Canada because of fraud and misrepresentation or for health or financial reasons;

    (m) clear detention criteria with authority to further clarify detention grounds in regulations;

    (n) a security certificate process and an admissibility hearing to deal effectively with threats to security;

    (o) offences for human smuggling and trafficking with a maximum penalty of life in prison;

    (p) penalties for assisting in obtaining immigration status through fraud or misrepresentation; and

    (q) an immigration appeal system that enhances integrity and effectiveness while maintaining fairness and legal safeguards.

EXPLANATORY NOTES

Access to Information Act

Clause 196: The relevant portion of subsection 4(1) reads as follows:

4. (1) Subject to this Act, but notwithstanding any other Act of Parliament, every person who is

    . . .

    (b) a permanent resident within the meaning of the Immigration Act,

has a right to and shall, on request, be given access to any record under the control of a government institution.

Agricultural Marketing Programs Act

Clause 197: The definition ``producer'' in subsection 2(1) reads as follows:

``producer'' means a producer of an agricultural product who is

      (a) a Canadian citizen or a permanent resident;

      (b) a corporation a majority of whose voting shares are held by Canadian citizens or permanent residents;

      (c) a cooperative a majority of whose members are Canadian citizens or permanent residents; or

      (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.

    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.

Animal Pedigree Act

Clause 198: Subsection 7(1) reads as follows:

(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.

Clause 199: Subsection 40(2) reads as follows:

(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.

Bank Act

Clause 200: The relevant portion of the definition ``resident Canadian'' in section 2 reads as follows:

``resident Canadian'' means a natural person who is

      . . .

      (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;

Budget Implementation Act, 1998

Clause 201: The relevant portion of subsection 27(1) reads as follows:

27. (1) From and out of its funds, the Foundation may, subject to subsection (2), grant scholarships only to persons who

    (a) are Canadian citizens or permanent residents within the meaning of the Immigration Act;

Business Development Bank of Canada Act

Clause 202: (1) and (2) The relevant portion of subsection 6(6) reads as follows:

(6) No individual is eligible to be appointed or to continue as President, Chairperson or a director if the individual is

    (a) neither a Canadian citizen nor a permanent resident, within the meaning of subsection 2(1) of the Immigration Act;

    . . .

    (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;

Canada Business Corporations Act

Clause 203: The relevant portion of the definition ``resident Canadian'' in subsection 2(1) reads as follows:

``resident Canadian'' means an individual who is

      . . .

      (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;

Canada Customs and Revenue Agency Act

Clause 204: The relevant portion of subsection 16(2) reads as follows:

(2) No person may be appointed or continue as a director of the Agency who

    (a) is not a Canadian citizen or a permanent resident under the Immigration Act;

Canada Elections Act

Clause 205: The relevant portion of subsection 217.1(1) reads as follows:

217.1 (1) No person or registered party shall accept or use contributions from

    (a) a person who is not a Canadian citizen or a permanent resident within the meaning of the Immigration Act;

Canada Labour Code

Clause 206: Subsection 10(4) reads as follows:

(4) The members of the Board must be Canadian citizens or permanent residents within the meaning of the Immigration Act.

Canada Shipping Act

Clause 207: The relevant portion of the definition ``qualified person'' in section 2 reads as follows:

``qualified person'' means

      (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act, or

Clause 208: Subsection 125(2) reads as follows:

(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.

Clause 209: The relevant portion of subsection 712(3) reads as follows:

(3) The right to file a claim under this section is limited to persons who

    . . .

    (b) except in the case of paragraph (1)(d),

      (i) are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act, in the case of an individual, or

Canada Student Financial Assistance Act

Clause 210: The relevant portion of the definition ``qualifying student'' in subsection 2(1) reads as follows:

``qualifying student'' means a person

      (a) who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act,

Canada Student Loans Act

Clause 211: The relevant portion of the definition ``qualifying student'' in subsection 2(1) reads as follows:

``qualifying student'' means a person

      (a) who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act,

Canada Transportation Act

Clause 212: The relevant portion of subsection 7(2) reads as follows:

(2) The Agency shall consist of

    . . .

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.

Clause 213: The definition ``Canadian'' in section 55 reads as follows:

``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;

Canadian Security Intelligence Service Act

Clause 214: Section 14 reads as follows:

14. The Service may

    (a) advise any minister of the Crown on matters relating to the security of Canada, or

    (b) provide any minister of the Crown with information relating to security matters or criminal activities,

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.

Clause 215: The relevant portion of subsection 16(1) reads as follows:

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

    . . .

    (b) any person other than

      . . .

      (ii) a permanent resident within the meaning of the Immigration Act, or

Clause 216: The relevant portion of section 38 reads as follows:

38. The functions of the Review Committee are

    . . .

    (c) to conduct investigations in relation to

      . . .

      (ii) reports made to the Committee pursuant to section 19 of the Citizenship Act or sections 39 and 81 of the Immigration Act, and

Clause 217: Section 55 reads as follows:

55. The Review Committee shall consult with the Director in order to ensure compliance with section 37 in preparing

    (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

    (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.

Chemical Weapons Convention Implementation Act

Clause 218: Section 22 reads as follows:

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.

Citizenship Act

Clause 219: (1) The relevant portion of subsection 5(1) reads as follows:

5. (1) The Minister shall grant citizenship to any person who

    . . .

    (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:

(2) The relevant portion of subsection 5(2) reads as follows:

(2) The Minister shall grant citizenship to any person who

    (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

Clause 220: The relevant portion of subsection 11(1) reads as follows:

11. (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

    . . .

    (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.

Clause 221: Subsections 14(1.1) and (1.2) read as follows:

(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.

(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.

Clause 222: The relevant portion of subsection 22(1) reads as follows:

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

    . . .

    (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

Clause 223: The relevant portion of subsection 35(3) reads as follows:

(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

    (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;

Comprehensive Nuclear Test-Ban Treaty Implementation Act

Clause 224: Subsection 19(2) reads as follows:

(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).

Cooperative Credit Associations Act

Clause 225: The relevant portion of the definition ``resident Canadian'' in section 2 reads as follows:

``resident Canadian'' means a natural person who is

      . . .

      (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;

Copyright Act

Clause 226: The relevant portion of subsection 15(2) reads as follows:

(2) Subsection (1) applies only if the performer's performance

    . . .

    (b) is fixed in

      (i) a sound recording whose maker, at the time of the first fixation,

        (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

Clause 227: Subsection 17(4) reads as follows:

(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).

Clause 228: The relevant portion of subsection 18(2) reads as follows:

(2) Subsection (1) applies only if

    (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,

Clause 229: (1) The relevant portion of subsection 20(1) reads as follows:

20. (1) The right to remuneration conferred by section 19 applies only if

    (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

(2) Subsection 20(2) reads as follows:

(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.

Clause 230: (1) Subsection 22(1) reads as follows:

22. (1) Where the Minister is of the opinion that a country other than a Rome Convention country grants or has undertaken to grant

    (a) to performers and to makers of sound recordings, or

    (b) to 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, 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,

    (c) grant the benefits conferred by this Part

      (i) to performers and to makers of sound recordings, or

      (ii) to broadcasters

    as the case may be, that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, and

    (d) declare that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

(2) Subsection 22(2) reads as follows:

(2) Where the Minister is of the opinion that a country other than a Rome Convention country neither grants nor has undertaken to grant

    (a) to performers, and to makers of sound recordings, or

    (b) to 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, 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,

    (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 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

    (d) declare that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

Clause 231: (1) The relevant portion of the definition ``eligible maker'' in section 79 reads as follows:

``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

      (a) both the following two conditions are met:

        (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

(2) The relevant portion of the definition ``eligible performer'' in section 79 reads as follows:

``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

      (a) both the following two conditions are met:

        (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

Clause 232: (1) The relevant portion of subsection 85(1) reads as follows:

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,

(2) The relevant portion of subsection 85(2) reads as follows:

(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,

    (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 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

Corrections and Conditional Release Act

Clause 233: Subsections (4) to (6) are new. Subsection 128(3) reads as follows:

(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.

Clause 234: Section 159 reads as follows:

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.

Criminal Code

Clause 235: Subsection 7(4.1) reads as follows:

(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.

Clause 236: Replacement of the title of the Act and references to certain provisions.

Clause 237: New. The relevant portion of the definition ``enterprise crime offence'' in section 462.3 of the Act reads as follows:

``enterprise crime offence'' means

Clause 238: The relevant portion of section 477.1 reads as follows:

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

    (a) in the exclusive economic zone of Canada that

      . . .

      (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;

Emergencies Act

Clause 239: The relevant portion of section 4 reads as follows:

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

    . . .

    (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.

Clause 240: The relevant portion of subsection 30(1) reads as follows:

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:

    . . .

    (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;

    (h) the removal from Canada of persons, other than

      (i) Canadian citizens,

      (ii) permanent residents as defined in the Immigration Act, and

      (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

        (A) more than six months has been imposed, or

        (B) five years or more may be imposed;

Extradition Act

Clause 241: Subsection 40(2) reads as follows:

(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.

Clause 242: Subsection 48(2) reads as follows:

(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.

Clause 243: (1) Subsection 75(1) reads as follows:

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.

(2) Subsection 75(3) reads as follows:

(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.

Foreign Publishers Advertising Services Act

Clause 244: (1) The relevant portion of the definition ``Canadian'' in section 2 reads as follows:

``Canadian'' means

      . . .

      (b) a permanent resident within the meaning of the Immigration Act;

(2) The relevant portion of the definition ``Canadian corporation'' in section 2 reads as follows:

``Canadian corporation'' means a corporation

      . . .

      (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;

Insurance Companies Act

Clause 245: The relevant portion of the definition ``resident Canadian'' in subsection 2(1) reads as follows:

``resident Canadian'' means a natural person who is

      . . .

      (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;

International Centre for Human Rights and Democratic Development Act

Clause 246: Subsection 13(1) reads as follows:

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.

Clause 247: (1) Subsection 17(2) reads as follows:

(2) A majority of the members of the executive committee must be Canadian citizens or permanent residents as defined in the Immigration Act.

(2) Subsection 17(6) reads as follows:

(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.

Clause 248: Subsection 20(2) reads as follows:

(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.

Investment Canada Act

Clause 249: The relevant portion of the definition ``Canadian'' in section 3 reads as follows:

``Canadian'' means

      . . .

      (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,

Labour Adjustment Benefits Act

Clause 250: The relevant portion of subsection 14(1) reads as follows:

14. (1) The Commission may determine that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits if

    (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;

Mutual Legal Assistance in Criminal Matters Act

Clause 251: (1) Subsection 40(1) reads as follows:

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.

(2) Subsection 40(3) reads as follows:

(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.

National Energy Board Act

Clause 252: Subsection 3(4) reads as follows:

(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.

Old Age Security Act

Clause 253: The relevant portion of the definition ``specially qualified individual'' in section 2 reads as follows:

``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

      . . .

      (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;

Clause 254: The relevant portion of subsection 11(7) reads as follows:

(7) No supplement may be paid to a pensioner for

    . . .

    (e) any month during which the pensioner is

      . . .

      (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.

Clause 255: The relevant portion of subsection 19(6) reads as follows:

(6) No spouse's allowance may be paid under this section to the spouse of a pensioner pursuant to an application therefor for

    . . .

    (d) any month during which the spouse is

      . . .

      (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.

Clause 256: The relevant portion of subsection 21(9) reads as follows:

(9) No spouse's allowance may be paid under this section to a widow pursuant to an application therefor for

    . . .

    (c) any month during which the widow is

      . . .

      (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.

Clause 257: The relevant portion of section 33.11 reads as follows:

33.11 Despite any other Act or law,

    . . .

    (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

Pilotage Act

Clause 258: The relevant portion of subsection 22(2) reads as follows:

(2) No licence or pilotage certificate shall be issued to an applicant therefor unless the applicant is

    . . .

    (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.

Privacy Act

Clause 259: The relevant portion of subsection 12(1) reads as follows:

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

Trade-marks Act

Clause 260: The relevant portion of subsection 11.17(2) reads as follows:

(2) For the purposes of this section, ``Canadian'' includes

    . . .

    (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

Trust and Loan Companies Act

Clause 261: The relevant portion of the definition ``resident Canadian'' in section 2 reads as follows:

``resident Canadian'' means a natural person who is

      . . .

      (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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