Bill C-11
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RECOMMENDATION |
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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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SUMMARY |
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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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EXPLANATORY NOTES |
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Access to Information Act |
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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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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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Agricultural Marketing Programs Act |
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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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Animal Pedigree 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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Bank Act |
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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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Budget Implementation Act, 1998 |
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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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Business Development Bank of Canada 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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Canada Business Corporations Act |
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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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Canada Customs and Revenue Agency Act |
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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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Canada Elections 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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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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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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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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Canada Labour Code |
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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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Canada Shipping 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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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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Canada Student Financial Assistance Act |
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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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Canada Student Loans 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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Canada Transportation 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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Canadian Security Intelligence Service Act |
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Clause 223: Section 14 reads as follows:
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14. The Service may
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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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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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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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Chemical Weapons Convention Implementation 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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Citizenship Act |
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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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(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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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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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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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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Comprehensive Nuclear Test-Ban Treaty Implementation 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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Cooperative Credit Associations Act |
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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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Copyright Act |
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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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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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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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(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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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) 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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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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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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(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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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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Corrections and Conditional Release Act |
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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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Criminal Code |
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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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Emergencies 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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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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Extradition Act |
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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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Foreign Publishers Advertising Services Act |
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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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(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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Income Tax 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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Insurance Companies Act |
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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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International Centre for Human Rights and Democratic Development Act |
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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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Investment Canada Act |
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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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Labour Adjustment Benefits Act |
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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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Mutual Legal Assistance in Criminal Matters 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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National Energy Board Act |
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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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Old Age Security Act |
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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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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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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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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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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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Pilotage Act |
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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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Privacy Act |
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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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Proceeds of Crime (Money Laundering) Act |
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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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Trade-marks 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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Trust and Loan Companies Act |
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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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