PART VIIIStatus of Persons in Canada
Marginal note:Citizen of the Commonwealth
Marginal note:British subject
(2) For the purposes of any law in force in Canada on and after February 15, 1977 that refers to the status of British subject, the status so described shall refer to the status of Canadian citizen or citizen of the Commonwealth or both as the intent of that law may require.
- 1974-75-76, c. 108, s. 31.
Marginal note:Citizen of Ireland
33 Any law of Canada and any regulation made thereunder shall, unless it otherwise provides, have effect in relation to a citizen of Ireland who is not a citizen of the Commonwealth in like manner as it has in relation to a citizen of the Commonwealth.
- 1974-75-76, c. 108, s. 32.
34 Subject to section 35,
(a) real and personal property of every description may be taken, acquired, held and disposed of by a person who is not a citizen in the same manner in all respects as by a citizen; and
(b) a title to real and personal property of every description may be derived through, from or in succession to a person who is not a citizen in the same manner in all respects as though through, from or in succession to a citizen.
- 1974-75-76, c. 108, s. 33.
Marginal note:Authority to prohibit or restrict acquisitions of property in a province by non-Canadians
35 (1) Subject to subsection (3), the Lieutenant Governor in Council of a province or such other person or authority in the province as is designated by the Lieutenant Governor in Council thereof is authorized to prohibit, annul or in any manner restrict the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in the province by persons who are not citizens or by corporations or associations that are effectively controlled by persons who are not citizens.
(2) The Lieutenant Governor in Council of a province may make regulations applicable in the province for the purposes of determining
(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 subsection 2(1) of the Immigration and Refugee Protection Act;
(b) conflicts with any legal obligation of Canada under any international law, custom or agreement;
(c) discriminates as between persons who are not citizens on the basis of their nationalities, except in so far as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement;
(d) hinders any foreign state in taking or acquiring real property located in a province for diplomatic or consular purposes; or
(e) prohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real property located in a province by any person in the course or as a result of an investment that the Minister is satisfied or is deemed to be satisfied is likely to be of net benefit to Canada under the Investment Canada Act.
- R.S., 1985, c. C-29, s. 35;
- R.S., 1985, c. 28 (1st Supp.), s. 49;
- 2001, c. 27, s. 232.
Marginal note:Offences and punishment
36 (1) Every person who fails to comply with any prohibition, annulment or restriction made pursuant to subsection 35(1) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both.
Marginal note:Officers, etc., of corporations
(2) Where a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
- 1974-75-76, c. 108, s. 33.
Marginal note:Coming into force
37 Sections 35 and 36 shall come into force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island, Saskatchewan and Newfoundland and Labrador or in Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of the Governor in Council declaring those sections to be in force in that Province or any of those territories.
- R.S., 1985, c. C-29, s. 37;
- 1993, c. 28, s. 78;
- 2002, c. 7, s. 131;
- 2015, c. 3, s. 172.
38 Sections 34 and 35 do not operate so as to
(a) qualify any person for any office or for any municipal, parliamentary or other franchise;
(b) qualify any person to be the owner of a Canadian ship;
(c) qualify any person to take, acquire, hold or dispose of any property that under or pursuant to any Act of Parliament may be taken, acquired, held or disposed of only by citizens;
(d) entitle any person to any right or privilege as a Canadian citizen except such rights and privileges in respect of property as are by this Act expressly given to the person; or
(e) affect any estate or interest in real or personal property to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883, or in pursuance of any devolution by law on the death of any person dying before July 4, 1883.
- 1974-75-76, c. 108, s. 33.
39 A person who is not a citizen is triable at law in the same manner as if the person were a citizen.
- 1974-75-76, c. 108, s. 34.
- Date modified: