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. C-42Copyright Act
Marginal note:1997, c. 24, s. 14
237. The portion of paragraph 18(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) the maker of the sound recording 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 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,
Marginal note:1997, c. 24, s. 14
238. (1) Paragraph 20(1)(a) of the Act is replaced by the following:
(a) the maker was, at the date of the first fixation, 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, if a corporation, had its headquarters in one of the foregoing countries; or
Marginal note:1997, c. 24, s. 14
(2) Subsection 20(2) of the Act is replaced by the following:
Marginal note:Exception
(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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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.
Marginal note:1997, c. 24, s. 14
239. (1) The portion of subsection 22(1) of the Act after paragraph (b) and before paragraph (c) is replaced by the following:
that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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,
Marginal note:1997, c. 24, s. 14
(2) The portion of subsection 22(2) of the Act after paragraph (b) and before paragraph (d) is replaced by the following:
that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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 that country grants that those benefits to performers, makers of sound recordings or broadcasters that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, and
Marginal note:1997, c. 24, s. 50
240. (1) Subparagraph (a)(i) of the definition “eligible maker” in section 79 of the Act is replaced by the following:
(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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and
Marginal note:1997, c. 24, s. 50
(2) Subparagraph (a)(i) of the definition “eligible performer” in section 79 of the Act is replaced by the following:
(i) the performer was, at the date of the first fixation of the sound recording, a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and
Marginal note:1997, c. 24, s. 50
241. (1) The portion of subsection 85(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reciprocity
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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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,
Marginal note:1997, c. 24, s. 50
(2) The portion of subsection 85(2) of the Act before paragraph (b) is replaced by the following:
Marginal note:Reciprocity
(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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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 that country grants those benefits to performers or makers of sound recordings that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada; and
1992, c. 20Corrections and Conditional Release Act
Marginal note:1999, c. 18, s. 87
242. Subsection 128(3) of the Corrections and Conditional Release Act is replaced by the following:
Marginal note:Deeming
(3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 40 of the Extradition Act, the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked or the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.
Marginal note:Removal order
(4) Despite this Act or the Prisons and Reformatories Act, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is ineligible for day parole or an unescorted temporary absence until the offender is eligible for full parole.
Marginal note:Parole inoperative where parole eligibility date in future
(5) If, before the full parole eligibility date, a removal order is made under the Immigration and Refugee Protection Act against an offender who has received day parole or an unescorted temporary absence, on the day that the removal order is made, the day parole or unescorted temporary absence becomes inoperative and the offender shall be reincarcerated.
Marginal note:Exception
(6) An offender referred to in subsection (4) is eligible for day parole or an unescorted temporary absence if the removal order is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act.
Marginal note:Exception
(7) Where the removal order of an offender referred to in subsection (5) is stayed under paragraph 50(a), 66(b) or 114(1)(b) of the Immigration and Refugee Protection Act on a day prior to the full parole eligibility of the offender, the unescorted temporary absence or day parole of that offender is resumed as of the day of the stay.
243. Section 159 of the Act is replaced by the following:
Marginal note:Eligibility
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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who is ordinarily resident in Canada.
R.S., c. C-46Criminal Code
Marginal note:1997, c. 16, s. 1
244. Subsection 7(4.1) of the Criminal Code is replaced by the following:
Marginal note:Offence in relation to sexual offences against children
(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 subsection 2(1) of the Immigration and Refugee Protection Act.
Marginal note:R.S., c. 29 (4th Supp.), s. 17
245. The reference to “sections 94.1 and 94.2 (organizing entry into Canada), 94.4 (disembarking persons at sea) and 94.5 (counselling false statements) of the Immigration Act” in the definition “offence” in section 183 of the Act is replaced by a reference to “sections 117 (organizing entry into Canada), 118 (trafficking in persons), 119 (disembarking persons at sea), 122 (offences related to documents), 126 (counselling misrepresentation) and 129 (offences relating to officers) of the Immigration and Refugee Protection Act”.
246. The definition “enterprise crime offence” in section 462.3 of the Act is amended by striking out the word “or” at the end of paragraph (b.1) and by adding the following after that paragraph:
(b.2) an offence against section 117, 118, 119, 122, 124, 126, 127, 129, 130 or 131 of the Immigration and Refugee Protection Act, or
Marginal note:1996, c. 31, s. 68
247. Subparagraph 477.1(a)(ii) of the Act is replaced by the following:
(ii) is committed by or in relation to a person 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. 22 (4th Supp.)Emergencies Act
248. Paragraph 4(b) of the Emergencies Act is replaced by the following:
(b) providing for the detention, imprisonment or internment of Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:1992, c. 49, s. 125
249. Paragraphs 30(1)(g) and (h) of the Act are replaced by the following:
(g) the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and of admission into Canada of other persons;
(h) the removal from Canada of persons, other than
(i) Canadian citizens,
(ii) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and
(iii) protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of
(A) security, violating human or international rights or serious criminality, or
(B) criminality and who have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;
1999, c. 18Extradition Act
250. Subsection 40(2) of the Extradition Act is replaced by the following:
Marginal note:When refugee claim
(2) Before making an order under subsection (1) with respect to a person who has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall consult with the minister responsible for that Act.
251. Subsection 48(2) of the Act is replaced by the following:
Marginal note:When refugee claim
(2) When the Minister orders the discharge of a person and the person has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall send copies of all relevant documents to the minister responsible for that Act.
252. (1) Subsection 75(1) of the Act is replaced by the following:
Marginal note:Special authorization
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 inadmissible under the Immigration and Refugee Protection 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) of the Act is replaced by the following:
Marginal note:Non-compliance with conditions of authorization
(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 and Refugee Protection Act, deemed to be a person who entered Canada as a temporary resident and remains in Canada after the period authorized for their stay.
1999, c. 23Foreign Publishers Advertising Services Act
253. (1) Paragraph (b) of the definition “Canadian” in section 2 of the Foreign Publishers Advertising Services Act is replaced by the following:
(b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
(2) Paragraph (c) of the definition “Canadian Corporation” in section 2 of the Act is replaced by the following:
(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 subsection 2(1) of the Immigration and Refugee Protection Act;
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