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Bill C-11

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PART 5

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, REPEALS AND COMING INTO FORCE

Transitional Provisions

Definition of ``former Act''

187. For the purposes of sections 188 to 201, ``former Act'' means the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, and, where applicable, the regulations and rules made under it.

Continuation

188. (1) The Immigration and Refugee Board continued by section 57 of the former Act is hereby continued.

Chairperson, Deputy Chairpersons, Assistant Deputy Chairpersons

(2) The Chairperson, Deputy Chairpersons and Assistant Deputy Chairpersons appointed under the former Act continue in the same capacity with the Board until the expiry or revocation of their respective appointments.

Continuation - members

(3) A member appointed under the former Act to the Convention Refugee Determination Division or the Immigration Appeal Division continues in office as a member of the Board until the expiry or revocation of their appointment.

Executive Director

(4) The person who, on the coming into force of this section, held the office of Executive Director of the Board is deemed to have been appointed to that office under section 158, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that coming into force.

Powers

189. Sections 94.6, 102.001 to 102.003 and 107.1 of the former Act are, despite paragraph 274(a), deemed not to be repealed and the Minister may exercise any of the powers described in those sections with respect to any business or fund that was approved by the Minister before the coming into force of paragraph 274(a).

Application of this Act

190. Every application, proceeding or matter under the former Act that is pending or in progress immediately before the coming into force of this section shall be governed by this Act on that coming into force.

Convention Refugee Determination Division

191. Every application, proceeding or matter before the Convention Refugee Determination Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under the former Act by the Refugee Protection Division of the Board.

Immigration Appeal Division

192. If a notice of appeal has been filed with the Immigration Appeal Division immediately before the coming into force of this section, the appeal shall be continued under the former Act by the Immigration Appeal Division of the Board.

Continuation by Immigration Division

193. Every application, proceeding or matter before the Adjudication Division under the former Act that is pending or in progress immediately before the coming into force of this section, in respect of which substantive evidence has been adduced but no decision has been made, shall be continued under this Act by the Immigration Division of the Board.

Refugee Protection Division

194. In cases referred to in section 191, a decision by the Refugee Protection Division following a hearing that has been commenced by the Convention Refugee Determination Division is not subject to an appeal under section 110.

Convention Refugee Determination Division

195. A decision made by the Convention Refugee Determination Division before the coming into force of this section is not subject to an appeal under section 110.

Appeals

196. Despite section 192, an appeal made to the Immigration Appeal Division before the coming into force of this section shall be discontinued if the appellant has not been granted a stay under the former Act and the appeal could not have been made because of section 64 of this Act.

Stays

197. Despite section 192, if an appellant who has been granted a stay under the former Act breaches a condition of the stay, the appellant shall be subject to the provisions of section 64 and subsection 68(4) of this Act.

Refugee Protection Division

198. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act.

Redeterminati on

199. Sections 112 to 114 apply to a redetermination of a decision set aside by the Federal Court with respect to an application for landing as a member of the post-determination refugee claimants in Canada class within the meaning of the Immigration Regulations, 1978.

Exclusion

200. Subsection 31(1) does not apply with respect to persons who were permanent residents, within the meaning of the former Act, on the coming into force of this section.

Regulations

201. The regulations may provide for measures regarding the transition between the former Act and this Act, including measures regarding classes of foreign nationals who will be subject in whole or in part to this Act or the former Act.

Consequential and Related Amendments

R.S., c. A-1

Access to Information Act

202. Paragraph 4(1)(b) of the Access to Information Act is replaced by the following:

    (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ,

1997, c. 20

Agricultural Marketing Programs Act

203. The portion of the definition ``producer'' in subsection 2(1) of the Agricultural Marketing Programs Act after paragraph (d) is replaced by the following:

    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 and Refugee Protection Act.

R.S., c. 8 (4th Supp.)

Animal Pedigree Act

204. Subsection 7(2) of the Animal Pedigree Act is replaced by the following:

Qualifications of applicants

(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 subsection 2(1) of the Immigration and Refugee Protection Act.

205. Subsection 40(2) of the Act is replaced by the following:

Eligibility

(2) Only a Canadian citizen ordinarily resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may be a director of the Corporation.

1991, c. 46

Bank Act

206. Paragraph (c) of the definition ``resident Canadian'' in section 2 of the Bank Act is replaced by the following:

      (c) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship;

1998, c. 21

Budget Implementation Act, 1998

207. Paragraph 27(1)(a) of the Budget Implementation Act, 1998 is replaced by the following:

    (a) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;

1995, c. 28

Business Development Bank of Canada Act

208. (1) Paragraph 6(6)(a) of the Business Development Bank of Canada Act is replaced by the following:

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

(2) Paragraph 6(6)(c) of the Act is replaced by the following:

    (c) a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , who has been ordinarily resident in Canada for more than one year after first becoming eligible to apply for Canadian citizenship;

R.S., c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

209. Paragraph (c) of the definition ``resident Canadian'' in subsection 2(1) of the Canada Business Corporations Act is replaced by the following:

      (c) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which he or she first became eligible to apply for Canadian citizenship;

1999, c. 17

Canada Customs and Revenue Agency Act

210. Paragraph 16(2)(a) of the Canada Customs and Revenue Agency Act is replaced by the following:

    (a) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;

2000, c. 9

Canada Elections Act

211. Paragraph 331(b) of the Canada Elections Act is replaced by the following:

    (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;

212. Paragraph 354(2)(d) of the Act is replaced by the following:

    (d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;

213. Paragraph 358(a) of the Act is replaced by the following:

    (a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;

214. Paragraph 404(1)(a) of the Act is replaced by the following:

    (a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ;

R.S., c. L-2

Canada Labour Code

1998, c. 26, s. 2

215. Subsection 10(4) of the Canada Labour Code is replaced by the following:

Requirement for appointment

(4) The members of the Board must be Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act .

R.S., c. S-9

Canada Shipping Act

1998, c. 16, s. 1(4)

216. Paragraph (a) of the definition ``qualified person'' in section 2 of the Canada Shipping Act is replaced by the following:

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

R.S., c. 6 (3rd Supp.), s. 13

217. Subsection 125(2) of the Act is replaced by the following:

Citizenship of applicants

(2) A certificate shall not be granted under this Part to an applicant who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act .

R.S., c. 6 (3rd Supp.), s. 84

218. Subparagraph 712(3)(b)(i) of the Act is replaced by the following:

      (i) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , in the case of an individual, or

1994, c. 28

Canada Student Financial Assistance Act

219. Paragraph (a) of the definition ``qualifying student'' in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following:

      (a) who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ,

R.S., c. S-23

Canada Student Loans Act

220. Paragraph (a) of the definition ``qualifying student'' in subsection 2(1) of the Canada Student Loans Act is replaced by the following:

      (a) who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ,

1996, c. 10

Canada Transportation Act

221. The portion of subsection 7(2) of the Canada Transportation Act after paragraph (b) is replaced by the following:

each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act .

2000, c. 15, s. 1

222. The definition ``Canadian'' in subsection 55(1) of the Act is replaced by the following:

``Canadian''
« Canadien »

``Canadian'' means a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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;

R.S., c. C-23

Canadian Security Intelligence Service Act

223. The portion of section 14 of the Canadian Security Intelligence Service Act after paragraph (b) is replaced by the following:

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 and Refugee Protection Act .

224. Subparagraph 16(1)(b)(ii) of the Act is replaced by the following:

      (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , or

225. Subparagraph 38(c)(ii) of the Act is replaced by the following:

      (ii) reports made to the Committee pursuant to section 19 of the Citizenship Act, and

226. Paragraphs 55(a) and (b) of the Act are replaced by the following:

    (a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship 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 or subsection 19(6) of the Citizenship Act.

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