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
1992, c. 20Corrections and Conditional Release Act
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;
R.S., c. 1 (5th Supp.)Income Tax Act
254. Subparagraphs (e)(i) to (iii) of the definition “eligible individual” in section 122.6 of the Income Tax Act are replaced by the following:
(i) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,
(ii) is a temporary resident within the meaning of the Immigration and Refugee Protection Act, who was resident in Canada throughout the 18 month period preceding that time, or
(iii) is a protected person within the meaning of the Immigration and Refugee Protection Act,
1991, c. 47Insurance Companies Act
255. Paragraph (c) of the definition “resident Canadian” in subsection 2(1) of the Insurance Companies 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. 54 (4th Supp.)International Centre for Human Rights and Democratic Development Act
256. Subsection 13(1) of the International Centre for Human Rights and Democratic Development Act is replaced by the following:
Marginal note:Canadian citizens or permanent residents
13. (1) The Chairman, the Vice-Chairman, the President and six other directors must be Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
257. (1) Subsection 17(2) of the Act is replaced by the following:
Marginal note:Canadian citizens or permanent residents
(2) A majority of the members of the executive committee must be Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
(2) Subsection 17(6) of the Act is replaced by the following:
Marginal note:Quorum
(6) Three members of the executive committee, a majority of whom are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, constitute a quorum at any meeting of the committee.
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