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Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Assented to 2001-11-01

PART 5TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS, COORDINATING AMENDMENTS, REPEALS AND COMING INTO FORCE

Consequential and Related Amendments

2000, c. 9Canada Elections Act

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

R.S., c. L-2Canada Labour Code

Marginal note:1998, c. 26, s. 2

 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)

 Paragraph (a) of the definition “qualified person” in section 2 of the Canada Shipping Act is replaced by the following:

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

 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

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

1994, c. 28Canada Student Financial Assistance Act

 Paragraph (a) of the definition “qualifying student” in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following:

R.S., c. S-23Canada Student Loans Act

 Paragraph (a) of the definition “qualifying student” in subsection 2(1) of the Canada Student Loans Act is replaced by the following:

1996, c. 10Canada Transportation Act

 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

 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

 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.

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

 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

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

1995, c. 25Chemical Weapons Convention Implementation Act

 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

 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

  •  (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

 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

 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

 Paragraph 22(1)(e) of the Act is replaced by the following:

 

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