An Act to establish the Department of Citizenship and Immigration and to make consequential amendments to other ActsDepartment of Citizenship and Immigration ActDepartment of Citizenship and Immigration19946
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C-29.4311994Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Department of Citizenship and Immigration Act.EstablishmentDepartment establishedThere is hereby established a department of the Government of Canada called the Department of Citizenship and Immigration over which the Minister of Citizenship and Immigration, appointed by commission under the Great Seal, shall preside.MinisterThe Minister holds office during pleasure and has the management and direction of the Department.Deputy headThe Governor in Council may appoint an officer called the Deputy Minister of Citizenship and Immigration to hold office during pleasure and to be the deputy head of the Department.Powers, Duties and Functions of the MinisterPowers, duties and functions of MinisterThe powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction relating to citizenship and immigration and that are not by law assigned to any other department, board or agency of the Government of Canada.1994, c. 31, s. 4; 2005, c. 38, s. 57AgreementsThe Minister, with the approval of the Governor in Council, may enter into agreements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible.ArrangementsThe Minister may enter into arrangements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible.1994, c. 31, s. 5; 2004, c. 15, s. 33AgreementsThe Minister, with the approval of the Governor in Council, may enter into an agreement with any foreign government for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of immigration application services and other related services on that government’s behalf for purposes related to the administration and enforcement of their immigration laws.ArrangementsThe Minister may enter into an arrangement with any foreign government for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of immigration application services and other related services on that government’s behalf for purposes related to the administration and enforcement of their immigration laws.Amounts receivedThe Minister may use the amounts received for the provision of services under an agreement or arrangement — in the fiscal year in which they are received or in the following fiscal year — to offset the expenditures that the Minister incurs for the provision of such services.2012, c. 17, s. 78ServicesThe Minister may provide services to the Canada Border Services Agency.2012, c. 17, s. 78Transitional ProvisionsEmployment continuedNothing in this Act shall be construed as affecting the status of an employee who, on the coming into force of this Act, occupied a position, in that portion of the public service of Canada known as the Corporate Management Sector (Citizenship and Immigration) of the Department of the Secretary of State of Canada or in those portions of the public service of Canada described in paragraph (b) of Order in Council P.C. 1993-1901 of November 4, 1993, except that each such employee shall, on the coming into force of this Act, occupy their position in the Department of Citizenship and Immigration under the authority of the deputy head of that Department.Definition of "employee"In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.AppropriationsAny amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of the Secretary of State of Canada and that, on the day on which this Act comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Citizenship and Immigration.Powers, duties and functionsAny power, duty or function relating to citizenship or immigration that, immediately before the coming into force of this Act, was vested in or exercisable by any of the persons referred to in subsection (2) under any Act, order, rule or regulation, or any contract, lease, licence or other document, is, on the coming into force of this Act, vested in and exercisable by the Minister of Citizenship and Immigration, the Deputy Minister of Citizenship and Immigration or the appropriate officer of the Department of Citizenship and Immigration, as the case may be.PersonsFor the purposes of subsection (1), the persons are the Minister of Employment and Immigration, the Minister of Multiculturalism and Citizenship, the Minister of National Health and Welfare, their respective Deputy Ministers, the Solicitor General of Canada, the Deputy Solicitor General, the Secretary of State of Canada, the Under-Secretary of State, the Chairman of the Canada Employment and Immigration Commission and any officer under their management and direction.Consequential Amendments[Amendments]