Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

This Web page has been archived on the Web.

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

R.S., c. 54 (4th Supp.)International Centre for Human Rights and Democratic Development Act

258. Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Quorum

    (2) Seven directors, at least five 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 Board.

R.S., c. 28 (1st Supp.)Investment Canada Act

259. Paragraph (b) of the definition “Canadian” in section 3 of the Investment Canada Act is replaced by the following:

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the time at which he or she first became eligible to apply for Canadian citizenship,

R.S., c. L-1Labour Adjustment Benefits Act

260. Paragraph 14(1)(a) of the Labour Adjustment Benefits Act is replaced by the following:

R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act

Marginal note:1999, c. 18, s. 123

  • 261. (1) Subsection 40(1) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:

    Marginal note:Special authorization

    • 40. (1) The Minister may, in order to give effect to a request of a Canadian competent authority, 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 of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable.

  • (2) Subsection 40(3) of the Act is replaced by the following:

    • Marginal note:Non-compliance with conditions of authorization

      (3) A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration and Refugee Protection Act, be deemed to be a person who entered Canada as a temporary resident and remains after the period authorized for their stay.

R.S., c. N-7National Energy Board Act

Marginal note:1990, c. 7, s. 3(2)

262. Subsection 3(4) of the National Energy Board Act is replaced by the following:

  • Marginal note:Eligibility

    (4) A person is not eligible to be appointed or to continue as a member of the Board if that person is not a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or is, as owner, shareholder, director, officer, partner or otherwise, engaged in the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons or electricity or holds any bond, debenture or other security of a corporation engaged in any such business.

R.S., c. O-9Old Age Security Act

Marginal note:1996, c. 18, s. 50

263. Paragraph (b) of the definition “specially qualified individual” in section 2 of the Old Age Security Act is replaced by the following:

  • (b) for the month of January 2001 or an earlier month, where, before March 7, 1996, the person was residing in Canada as a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

Marginal note:1996, c. 18, s. 51(1)

264. Subparagraph 11(7)(e)(ii) of the Act is replaced by the following:

  • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

Marginal note:1996, c. 18, s. 53(1)

265. Subparagraph 19(6)(d)(ii) of the Act is replaced by the following:

  • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

Marginal note:1998, c. 21, s. 115(2)

266. Subparagraph 21(9)(c)(ii) of the Act is replaced by the following:

  • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

Marginal note:1997, c. 40, s. 102; 2000, c. 12, par. 207(1)(l)

267. Paragraph 33.11(b) of the Act is replaced by the following:

  • (b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister or a public officer of the Department of Human Resources Development any information that was obtained in the administration of the Immigration and Refugee Protection Act that relates to an applicant, a beneficiary or a spouse or common-law partner of an applicant or beneficiary, if the information is necessary for the administration of this Act; and

R.S., c. P-14Pilotage Act

268. Paragraph 22(2)(b) of the Pilotage Act is replaced by the following:

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has not been ordinarily resident in Canada for six years or who has been ordinarily resident in Canada for six years or more and is shown, to the satisfaction of the Authority, not to have become a Canadian citizen as a result of circumstances beyond the control of the applicant.

R.S., c. P-21Privacy Act

269. The portion of subsection 12(1) of the Privacy Act before paragraph (a) is replaced by the following:

Marginal note:Right of access

  • 12. (1) Subject to this Act, every individual who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act has a right to and shall, on request, be given access to

2000, c. 17Proceeds of Crime (Money Laundering) Act

270. Paragraph 55(3)(d) of the Proceeds of Crime (Money Laundering) Act is replaced by the following:

  • (d) the Department of Citizenship and Immigration, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act;

R.S., c. T-13Trade-marks Act

Marginal note:1994, c. 47, s. 192

271. Paragraph 11.17(2)(b) of the Trade-marks Act is replaced by the following:

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the time at which the permanent resident first became eligible to apply for Canadian citizenship; and

1991, c. 45Trust and Loan Companies Act

272. Paragraph (c) of the definition “resident Canadian” in section 2 of the Trust and Loan 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;

Terminology

Marginal note:Terminology

273. Unless the context requires otherwise, “Immigration Act” is replaced by “Immigration and Refugee Protection Act” in

  • (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

  • (b) any other instrument made

    • (i) in the execution of a power conferred by or under an Act of Parliament, or

    • (ii) by or under the authority of the Governor in Council.

Coordinating Amendments

Marginal note:Bill S-2

  • 273.1 (1) Subsections (2) and (3) apply if Bill S-2, introduced in the first session of the 37th Parliament and entitled the Marine Liability Act (referred to in this section as the “other Act”), receives royal assent.

  • (2) On the coming into force of section 1 of this Act, subparagraph 88(4)(b)(i) of the other Act is replaced by the following:

    • (i) are Canadian citizens or permanent residents of Canada within the meaning of subsection 2(1) of the Immigration and Refugeee Protection Act, in the case of an individual, or

  • (3) If section 127 of the other Act comes into force before section 218 of this Act comes into force, then section 218 of this Act is repealed.

Table of Contents

 

Date modified: