Bill C-31
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TABLE OF PROVISIONS |
| AN ACT RESPECTING IMMIGRATION TO CANADA AND
THE GRANTING OF REFUGEE PROTECTION TO PERSONS
WHO ARE DISPLACED, PERSECUTED OR IN DANGER
|
SHORT TITLE |
| 1. Short title
|
INTERPRETATION |
| 2. Definitions
|
OBJECTIVES AND APPLICATION |
| 3. Objectives - immigration
|
ENABLING AUTHORITY |
| 4. Minister
|
| 5. Regulations
|
| 6. Designated officers
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AGREEMENTS WITH GOVERNMENTS OR INTERNATIONAL ORGANIZATIONS |
| 7. International agreements
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| 8. Federal-provincial agreements
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| 9. Sole provincial responsibility - permanent residents
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| 10. Consultations with the provinces
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PART 1 |
IMMIGRATION TO CANADA |
DIVISION 1 |
REQUIREMENTS BEFORE ENTERING CANADA AND SELECTION |
| Requirements Before Entering Canada
|
| 11. Application before entering Canada
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| Selection of Permanent Residents
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| 12. Economic immigration
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| Sponsorship of Foreign Nationals
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| 13. Right to sponsor family member
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| Regulations
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| 14. Regulations
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DIVISION 2 |
EXAMINATION |
| 15. Examination by designated officer
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| 16. Rights of designated officers
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| 17. Regulations
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DIVISION 3 |
ENTERING AND REMAINING IN CANADA |
| Entering and Remaining
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| 18. Examination by immigration officer
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| 19. Right to enter and remain - citizens and Indians
|
| Authorization to Enter and Remain
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| 20. Granting permanent residence
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| 21. Permit to enter and remain temporarily
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| 22. Humanitarian and compassionate considerations
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| 23. Regulations
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| Rights and Obligations of Permanent and Temporary Residents
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| 24. Right of permanent residents
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| 25. Right of temporary residents
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| 26. Work and study in Canada
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| Proof of Residence
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| 27. Permanent resident or temporary resident card
|
| Regulations
|
| 28. Regulations
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DIVISION 4 |
INADMISSIBILITY |
| 29. Rules of interpretation
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| 30. Security
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| 31. Human rights violations
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| 32. Inadmissibility - serious criminality
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| 33. Organized crime
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| 34. Health grounds
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| 35. Financial reasons
|
| 36. Misrepresentation
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| 37. Non-compliance with Act
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| 38. Regulations
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DIVISION 5 |
LOSS OF STATUS AND REMOVAL |
| Report on Inadmissibility
|
| 39. Preparation of report
|
| Admissibility Hearing by the Immigration Division
|
| 40. Decision
|
| End of Status
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| 41. End of permanent resident status
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| 42. Loss of permanent resident status
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| When and How Removal Orders are Enforced
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| 43. When order may be enforced
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| 44. Enforcement of order
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| 45. Removal order void where grant of permanent residence
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| 46. Effect of the Criminal Records Act
|
| Effect of a Removal Order
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| 47. Effect
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| 48. Return to Canada
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| Regulations
|
| 49. Regulations
|
DIVISION 6 |
DETENTION AND RELEASE |
| 50. Port of entry - detention
|
| 51. Warrant for arrest
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| 52. Release from detention
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| 53. Grounds for release
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| 54. Incarcerated foreign nationals
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| 55. Regulations
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DIVISION 7 |
RIGHT OF APPEAL |
| 56. Right of appeal from visa refusal
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| 57. Grounds of appeal
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| 58. Appeal
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| 59. No appeal
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| 60. Appeal by Minister
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| 61. Disposition of appeals
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| 62. Decision binding
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| 63. Examination suspended
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| 64. Cancellation of stay
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| 65. Reopening appeal
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DIVISION 8 |
JUDICIAL REVIEW |
| 66. Application for judicial review
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| 67. Right of Minister
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| 68. Judicial review
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| 69. Rules
|
DIVISION 9 |
PROTECTION OF INFORMATION |
| Examination on Request by the Minister and the Solicitor General
|
| 70. Meaning of ``information''
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| 71. Certificate stating risk
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| 72. Judicial consideration of certificate
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| 73. Suspending proceedings for danger opinion
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| 74. Determination that certificate is reasonable
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| 75. Effect of decision
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| Detention
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| 76. Detention of permanent resident
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| 77. Review of decision for detention
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| 78. Application for release
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| 79. Inconsistency
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| Consideration During an Admissibility Hearing or an Immigration
Appeal
|
| 80. Protecting information
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| Consideration During Judicial Review
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| 81. Non-disclosure of information
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DIVISION 10 |
GENERAL PROVISIONS |
| Loans
|
| 82. Loans
|
| Social Insurance Number Cards
|
| 83. Minister directs special cards to be issued
|
| Material Incorporated in Regulations
|
| 84. Incorporated material
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| 85. Statutory Instruments Act
|
| Report to Parliament
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| 86. Annual report to Parliament
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| 87. Report of Chairperson
|
PART 2 |
REFUGEE PROTECTION |
DIVISION 1 |
REFUGEE PROTECTION, CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION |
| 88. Conferral of refugee protection
|
| 89. Definition - ``Convention refugee''
|
| 90. Person in need of protection
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| 91. Exclusion - Refugee Convention
|
| 92. Claim
|
DIVISION 2 |
CONVENTION REFUGEES AND PERSONS IN NEED OF PROTECTION |
| Claim for Refugee Protection
|
| 93. Right to claim refugee protection
|
| Examination of Eligibility to Refer Claim
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| 94. Referral to Refugee Protection Division
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| 95. Ineligibility
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| Suspension or Termination of Consideration of Claim
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| 96. Hearing suspended
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| 97. Termination
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| 98. Misrepresentation
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| 99. Multiple claims
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| Extradition Procedure
|
| 100. If authority to proceed under Extradition Act
|
| Claimant Without Identification
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| 101. Credibility
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| Decision on Claim for Refugee Protection
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| 102. Decision
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| Cessation of Refugee Protection
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| 103. Rejection
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| Vacation Applications
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| 104. Vacation of refugee protection
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| Appeal to Refugee Appeal Division
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| 105. Appeal
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| 106. Decision
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DIVISION 3 |
PRE-REMOVAL RISK ASSESSMENT |
| Protection
|
| 107. Application for protection
|
| Principle of Non-removal
|
| 108. Principle
|
| 109. Regulations
|
PART 3 |
ENFORCEMENT |
Human Smuggling and Trafficking |
| 110. Organizing entry into Canada
|
| 111. Offence - trafficking in persons
|
| 112. Disembarking persons at sea
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| 113. Penalties
|
| 114. Aggravating factors
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Offences Related to Documents |
| 115. Documents
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| 116. Penalty
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General Offences |
| 117. Contravention of Act
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| 118. Penalties
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| 119. Counselling misrepresentation
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| 120. Misrepresentation
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| 121. Penalties
|
| 122. Offences - designated officers
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Proceeds of Crime |
| 123. Possession of property obtained by certain offences
|
| 124. Counselling offence
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| 125. Part XII.2 of the Criminal Code applicable
|
Prosecution of Offences |
| 126. Deferral
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| 127. Defence - incorporation by reference
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| 128. Offences outside Canada
|
| 129. Venue
|
Forfeiture |
| 130. Forfeiture
|
Officers Designated to Enforce Act |
| 131. Powers of peace officer
|
| 132. Identification
|
| 133. Search
|
| 134. Seizure
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| 135. Oaths and evidence
|
Peace Officers |
| 136. Duties of peace officers to execute orders
|
| 137. Authority to execute warrants and orders
|
Ticketable Offences |
| 138. Prosecution of designated offences
|
Debt Due to Her Majesty |
| 139. Debt due to Her Majesty
|
Collection of Debts Due to Her Majesty |
| 140. Certificates
|
| 141. Garnishment
|
Transportation Companies |
| 142. Travel documents
|
| 143. General liability for removal
|
| 144. Failure to comply with obligations
|
| 145. Provision of prescribed passenger information
|
| 146. Use of prescribed passenger information
|
| 147. Regulations
|
PART 4 |
IMMIGRATION AND REFUGEE BOARD |
Composition of Board |
| 148. Immigration and Refugee Board
|
| 149. Composition
|
| 150. Chairperson and other members
|
| 151. Disposition after member ceases to hold office
|
| 152. Disposition where member unable to take part
|
| 153. Immunity and no summons
|
Head Office and Staff |
| 154. Head office
|
| 155. Personnel
|
Duties of Chairperson |
| 156. Chairperson
|
| 157. Absence, incapacity or vacancy
|
Functioning of Board |
| 158. Rules
|
| 159. Annual report
|
Provisions that Apply to All Divisions |
| 160. Sole and exclusive jurisdiction
|
| 161. Rules for proceedings
|
| 162. Right to counsel
|
| 163. Abandonment of claim
|
| 164. Rules of application
|
Refugee Protection Division |
| 165. Proceedings and right to a hearing
|
Refugee Appeal Division |
| 166. Rules of application
|
Immigration Division |
| 167. Composition
|
| 168. Proceedings
|
Immigration Appeal Division |
| 169. Court of record
|
| 170. Proceedings
|
Remedial and Disciplinary Measures |
| 171. Request
|
| 172. Measures
|
| 173. Appointment of inquirer
|
| 174. Powers
|
| 175. Staff
|
| 176. Public hearing
|
| 177. Rules of evidence
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| 178. Right to be heard
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| 179. Report to Minister
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| 180. Transmission of report to Governor in Council
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PART 5 |
TRANSITIONAL PROVISIONS, CONSEQUENTIAL, RELATED AND CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
Transitional Provisions |
| 181. Continuation
|
| 182. Powers
|
| 183. Transitional provisions repealed
|
| 184. Definition of ``former Act''
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| 185. Application of this Act
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| 186. Application of former Act by new Divisions
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| 187. Continuation by Immigration Division
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| 188. Refugee Protection Division
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| 189. Convention Refugee Determination Division
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| 190. Appeals
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| 191. Stays
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| 192. Refugee Protection Division
|
| 193. Redetermination of application for landing
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| 194. No obligation to issue documentation
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| 195. Regulations
|
Consequential and Related Amendments |
| 196. Access to Information Act
|
| 197. Agricultural Marketing Programs Act
|
| 198-199. Animal Pedigree Act
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| 200. Bank Act
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| 201. Budget Implementation Act, 1998
|
| 202. Business Development Bank of Canada Act
|
| 203. Canada Business Corporations Act
|
| 204. Canada Customs and Revenue Agency Act
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| 205. Canada Elections Act
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| 206. Canada Labour Code
|
| 207-209. Canada Shipping Act
|
| 210. Canada Student Financial Assistance Act
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| 211. Canada Student Loans Act
|
| 212-213. Canada Transportation Act
|
| 214-217. Canadian Security Intelligence Service Act
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| 218. Chemical Weapons Convention Implementation Act
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| 219-223. Citizenship Act
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| 224. Comprehensive Nuclear Test-Ban Treaty Implementation Act
|
| 225. Cooperative Credit Associations Act
|
| 226-232. Copyright Act
|
| 233-234. Corrections and Conditional Release Act
|
| 235-238. Criminal Code
|
| 239-240. Emergencies Act
|
| 241-243. Extradition Act
|
| 244. Foreign Publishers Advertising Services Act
|
| 245. Insurance Companies Act
|
| 246-248. International Centre for Human Rights and Demo
cratic Development Act
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| 249. Investment Canada Act
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| 250. Labour Adjustment Benefits Act
|
| 251. Mutual Legal Assistance in Criminal Matters Act
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| 252. National Energy Board Act
|
| 253-257. Old Age Security Act
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| 258. Pilotage Act
|
| 259. Privacy Act
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| 260. Trade-marks Act
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| 261. Trust and Loan Companies Act
|
| Terminology
|
| 262. Terminology
|
Conditional Amendments |
| 263. Bill C-2
|
| 264. Bill C-16
|
| 265. Bill C-19
|
| 266. Bill C-22
|
| 267. Bill C-23
|
Repeal |
| 268. Repeal
|
Coming Into Force |
| 269. Coming into force
|