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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

Citizenship Act

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).

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.

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