60th Anniversary of the Act to Amend the Immigration Act

2007 is the 60th anniversary of the repeal of the Immigration Act and the Chinese Immigration Act. It is important because this repeal opened the way for other Asians to come to Canada and to partake fully in Canadian life. It represented a triumph for those who had fought hard against this extreme discrimination.

11 GEORGE VI.
CHAP. 19.
An Act to amend the Immigration Act and to repeal the
Chinese Immigration Act.

[Assented to 14th May, 1947.]

R.S., c. 93; 1928, c. 29; 1937, c. 34; 1946, c. 54.
HIS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: —


1. Section thirty-three of the Immigration Act, chapter ninety-three of the Revised Statutes of Canada, 1927, is amended by adding thereto the following subsections: —


Company may be required to deposit bond


    “(15) An officer in charge at any port of entry may, in respect of persons seeking to pass through Canada to another country in direct transit, before they are permitted to pass through Canada, require the transportation company proposing to transport such persons through Canada, to deposit a bond in favour of His Majesty guaranteeing that the transportation company will comply with the regulations made under subsection sixteen of this section.


Amount and form of he bond.


    “(16) The Governor in Council may prescribe the amount and form of bonds that may be required pursuant to subsection fifteen of this section and may make regulations for the identification of persons in respect of whom bonds are required under the said subsection, for the guarding of such persons while being transported through Canada and for their detention pending departure from Canada”.


Repeal


2. Section eighty of the said Act is repealed.


Dependants permitted to enter Canada.


3. (1) Notwithstanding any law of Canada relating to immigration, every dependant applying for admission into Canada shall, subject to this section, be permitted to enter Canada and upon such admission shall be deemed to have landed within the meaning of Canadian immigration law.


Medical Examination.

(2) Before proceeding to Canada the dependant shall be examined by a medical officer in the service of the Government of Canada or an approved medical practitioner and on request the Chief Officer of the Medical Immigration service shall be furnished with full particulars of the medical examination of the dependant and such particulars may be transmitted to the Public Health Service of the Province to which the dependant is destined, with a view to securing necessary treatment and as a protection to public health.


Admission may be deferred.


(3) In any case in which medical examination discloses that a dependant is suffering from an infectious or contagious disease, or a disease which may become dangerous to the public health, or that travel would be dangerous to the dependant in his present condition, the admission to Canada of such dependant may be deferred until the production of a medical certificate from an approved medical practitioner establishing that the condition of the person concerned is not infectious or contagious, and that he may travel with reasonable safety.


Definitions


(4) In this section the expression


“approved medical practitioner”.


   (a) “approved medical practitioner” means a doctor of medicine approved by the Immigration Medical Service of the Department of National Health and Welfare;
“dependant”.


   (b) “dependant” means

  1. the wife or widow of a member of the forces who is not resident in Canada and who was married to such member of the forces while such member of the forces was serving outside of Canada or the territorial waters thereof on active service during the war that commenced in September, one thousand nine hundred and thirty-nine; or
  2. the child or children, including adopted children and step-children, of such member of the forces;

“member of the forces”.


   (c) “member of the forces” means a member or former member of the naval, military or air forces of Canada who

  1. is serving or has served outside of Canada or the territorial waters thereof on active service, during the war that commenced in September, one thousand nine hundred and thirty-nine, and has married outside of Canada while so serving; or
  2. prior to becoming a member of the naval, military or air forces of Canada has served on active service outside Canada with any other of the naval, military or air forces of His Majesty and married outside of Canada while so serving; provided that the member was resident in Canada prior to joining such other of His Majesty's forces, left Canada for the purpose of joining that force, and joined it within one year of leaving Canada.

Expiration.

(5) This section shall expire on such day as the Governor in Council may fix by proclamation.

R.S. c.95. repealed

4. The Chinese Immigration Act, chapter ninety-five of the Revised Statutes of Canada, 1927, is repealed.

 

OTTAWA: Printed by EDMOND CLOUTIER,
C.M.G., B.A., L.Ph.,
Law Printer to the King’s Most Excellent Majesty.