Immigration and Refugee Protection Act (S.C. 2001, c. 27)
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Assented to 2001-11-01
PART 5TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEALS AND COMING INTO FORCE
Consequential and Related Amendments
R.S., c. 8 (4th Supp.)Animal Pedigree Act
205. Subsection 40(2) of the Act is replaced by the following:
Marginal note: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. 46Bank 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. 21Budget 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. 28Business 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. 17Canada 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. 9Canada 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-2Canada Labour Code
Marginal note:1998, c. 26, s. 2
215. Subsection 10(4) of the Canada Labour Code is replaced by the following:
Marginal note: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-9Canada Shipping Act
Marginal note: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
Marginal note:R.S., c. 6 (3rd Supp.), s. 13
217. Subsection 125(2) of the Act is replaced by the following:
Marginal note: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.
Marginal note: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. 28Canada 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-23Canada 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. 10Canada 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.
Marginal note: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-23Canadian 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.
1995, c. 25Chemical Weapons Convention Implementation Act
227. Section 22 of the Chemical Weapons Convention Implementation Act is replaced by the following:
Marginal note:Offence outside Canada
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 subsection 2(1) of the Immigration and Refugee Protection Act, be deemed to have committed that act or omission in Canada.
Citizenship Act
Marginal note:R.S., c. C-29
227.1 The portion of paragraph 2(2)(c) of the Citizenship Act before subparagraph (i) is replaced by the following:
(c) a person against whom a removal order has been made remains under that order
228. (1) The portion of paragraph 5(1)(c) of the Act before subparagraph (i) is replaced by the following:
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:
(2) Paragraph 5(1)(f) of the Act is replaced by the following:
(f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.
(3) Paragraph 5(2)(a) of the Act is replaced by the following:
(a) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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
229. Paragraphs 11(1)(c) and (d) of the Act are replaced by the following:
(c) is not under a removal order; and
(d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and has, since having ceased to be a citizen and become a permanent resident, resided in Canada for at least one year immediately preceding the date of the application.
Marginal note:1995, c. 15, s. 23
230. Subsections 14(1.1) and (1.2) of the Act are replaced by the following:
Marginal note:Interruption of proceedings
(1.1) Where an applicant is a permanent resident who is the subject of an admissibility hearing under the Immigration and Refugee Protection 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.
Marginal note:1999, c. 31, s. 42
231. Paragraph 22(1)(e) of the Act is replaced by the following:
(e) if the person has not obtained the authorization to return to Canada required under subsection 52(1) of the Immigration and Refugee Protection Act; or
232. Paragraph 35(3)(a) of the Act is replaced by the following:
(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;
1998, c. 32Comprehensive Nuclear Test-Ban Treaty Implementation Act
233. Subsection 19(2) of the Comprehensive Nuclear Test-Ban Treaty Implementation Act is replaced by the following:
Marginal note:Canadian inspectors
(2) Despite subsection (1), inspectors who are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act only have the privileges and immunities granted in accordance with paragraph 17(b) and subsection 18(1).
Cooperative Credit Associations Act
Marginal note:1991, c. 48
234. Paragraph (c) of the definition “resident Canadian” in section 2 of the Cooperative Credit Associations 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;
R.S., c. C-42Copyright Act
Marginal note:1997, c. 24, s. 14
235. Clause 15(2)(b)(i)(A) of the Copyright Act is replaced by the following:
(A) if a natural person, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or a citizen or permanent resident of a Rome Convention country, or
Marginal note:1997, c. 24, s. 14
236. Subsection 17(4) of the Act is replaced by the following:
Marginal note:Exception
(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 subsection 2(1) of the Immigration and Refugee Protection 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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