shall not be held to include the master or other person in control or command of such vessel, ship, railway train, vehicle, bridge, highway or other contrivance for travel or transport, or any member of the crew or staff thereof; or military or naval forces and their families who are carried at the expense of the Government or the United Kingdom, or the Government of any British Dominion or Colony: Provided that any member of the crew of a ship or of the staff of a railway train or other contrivance for travel or transport who deserts or is discharged in Canada from his ship or railway train or other contrivance for travel or transport shall thereupon be considered a passenger within the meaning of this Act;

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(k) stowaway" means a person who goes to sea secreted in a ship without the consent of the master or other person in charge of the ship, or of a person entitled to give such consent; or a person who travels on any railway train or other vehicle without the consent of the conductor or other person authorized to give such consent;

66

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(1) ship" or vessel includes every boat and craft of any kind whatsoever for travel or transport other than by land; (m) "master" means any person in command of a ship or vessel;

66

99

(n) owner as applied to a ship or vessel includes the charterers of such ship or vessel and the agent of the owner or charterer thereof;

"Port of en

(o) "port of entry" means any port, railway station or place in Canada at which there is an officer and where inspection of try.' immigrants may be carried on;

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(p) land," landed or "landing," as applied to passengers or immigrants, means their lawful admission into Canada by an officer under this Act, otherwise than for inspection or treatment or other temporary purpose provided for by this Act;

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"Landed."

"Rejected."

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(q) "rejected," as applied to an immigrant or other person seeking to enter Canada, means that such immigrant or other person has been examined by a Board of Inquiry or officer acting as such and has been refused permission to land in Canada; (r) deportation means the removal under authority of this 'DeportaAct of any rejected immigrant or other person, or of any immi- tion." grant or other person who has already been landed in Canada, or who has entered or who remains in Canada contrary to any provision of this Act, from any place in Canada at which such immigrant or other person is rejected or detained to the place whence he came to Canada, or to the country of his birth or citizenship; "immigrant station " means any place at which immigrants

(8)

"Immigrant

or passengers are examined, inspected, treated or detained by an station." officer for any purpose under this Act, and includes hospitals maintained for the purposes of this Act;

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(t) transportation company' means and includes any cor- "Transportaporate body or organized firm or person carrying or providing tion company." for the transit of passengers, whether by ship, railway, bridge,

highway or otherwise, and any two or more such transportation

companies co-operating in the business of carrying passengers;

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(u) Immigration Act" or "Act" shall be held to include all "Act." orders in council, proclamations, and regulations made hereunder.

PROHIBITED CLASSES.

3. No immigrant, passenger, or other person, unless he is a Prohibited Canadian citizen, or has Canadian domicile, shall be permitted to classes of immigrants. land in Canada, or in case of having landed in or entered Canada shall be permitted to remain therein, who belongs to any of the following classes, hereinafter called "prohibited classes" :

Persons men

(a) Idiots, imbeciles, feeble-minded persons, epileptics, insane persons, and persons who have been insane within five years tally defective. previous.

79520°-VOL 40-11- -9

Diseased per

sons.

(b) Persons afflicted with any loathsome disease, or with a disease which is contagious or infectious, or which may become dangerous to the public health, whether such persons intend to settle in Canada or only to pass through Canada in transit to some other country: Provided that if such disease is one which is curable within a reasonably short time, such persons may, subject to the regulations in that behalf, if any, be permitted to remain on board ship if hospital facilities do not exist on shore, or to leave ship for medical treatment.

Persons phys- (c) Immigrants who are dumb, blind, or otherwise physically ically defective. defective, unless in the opinion of a Board of Inquiry or officer acting as such they have sufficient money, or have such profession, occupation, trade, employment or other legitimate mode of earning a living that they are not liable to become a public charge or unless they belong to a family accompanying them or already in Canada and which gives security satisfactory to the Minister against such immigrants becoming a public charge.

Criminals.

(d) Persons who have been convicted of any crime involving moral turpitude. Prostitutes (e) Prostitutes and women and girls coming to Canada for and pimps. any immoral purpose and pimps or persons living on the avails of prostitution.

Procurers.

Beggars and vagrants.

Charity immigrants.

Persons not

(f) Persons who procure or attempt to bring into Canada prostitutes or women or girls for the purpose of prostitution or other immoral purpose.

(g) Professional beggars or vagrants, or persons likely to become a public charge.

(h) Immigrants to whom money has been given or loaned by any charitable organization for the purpose of enabling them to qualify for landing in Canada under this Act, or whose passage to Canada has been paid wholly or in part by any charitable organization, or out of public moneys, unless it is shown that the authority in writing of the Superintendent of Immigration, or in case of persons coming from Europe, the authority in writing of the assistant Superintendent of Immigration for Canada, in London, has been obtained for the landing in Canada of such persons, and that such authority has been acted upon within a period of sixty days thereafter.

(i) Persons who do not fulfil, meet or comply with the condicomplying with tions and requirements of any regulations which for the time regulations. being are in force and applicable to such persons under sections 37 or 38 of this Act.

Permit to enter Canada.

Officers appointed by Gov

4. The Minister may issue a written permit authorizing any person to enter Canada without being subject to the provisions of this Act. Such permit shall be in the form A of the schedule to this Act, and shall be expressed to be in force for a specified period only, but it may at any time be extended or cancelled by the Minister in writing. Such extension or cancellation shall be in the form AA of the schedule to this Act.

APPOINTMENT, POWERS AND DUTIES OF OFFICERS.

5. The Governor in Council may appoint a superintendent of ernor in Coun- immigration, commissioners of immigration, and such other offcers as are deemed necessary for carrying out the provisions of this Act.

cil.

Immigration

offices.

Officers

ister.

ap

2. The Governor in Council may establish and maintain immigration offices at such places within and outside of Canada as from time to time seems proper.

6. Subject to any regulations in that behalf, the Minister may pointed by Min- appoint or employ, either permanently or temporarily, any subordinate officers, not otherwise provided for, required in furtherance of the provisions and objects of this Act, including medical officers, inspectors, guards, matrons and nurses at immigrant stations, and may confer upon them, and charge them with, such power and duties as he considers necessary or expedient.

cases of emergency.

7. Subject to any regulation in that behalf, all officers appointed Assistance in or having authority under this Act may, in emergency, employ such temporary assistance as is required for carrying out any duty devolving upon them under this Act, but no such employment shall continue for a period of more than forty-eight hours without the sanction of the Minister.

8. When at a port of entry there is no immigration officer avail- Immigration able for duty under this Act, the chief customs officer at that port agent ex-officio. or any subordinate customs officer designated by him shall be, ex-officio, an immigration officer.

9. Every officer appointed under this Act shall perform all duties prescribed for him by this Act, or by any order in council, proclamation or regulation made thereunder, and shall also perform such duties as are required of him by the Minister, either directly or through any other officer; and no action taken by any such officer under or for any purpose of this Act shall be deemed to be invalid or unauthorized merely because it was not taken by the officer specially appointed or detailed for the purpose.

10. Every officer appointed under this Act shall have the authority and power of a special constable to enforce any of the provisions of this Act relating to the arrest, detention or deportation of immigrants, aliens or other persons.

Duties of of

ficers.

Authority as special constable.

Duties of police to execute

11. All constables and other peace officers in Canada, whether appointed under Dominion, provincial, or municipal authority, orders of Minshall, when so directed by the Minister or by any officer under this ister. Act, receive and execute according to the tenor thereof any written order of the Minister, or of the Minister of Justice, or of a Board of Inquiry or officer acting as such, and any warrant of the Superintendent of Immigration, for the arrest, detention or deportaton of any immigrant, alien or other person in accordance with the provisions of this Act.

12. For the preservation of the peace, and in order that arrests Right of local may be made for offences against the laws of Canada, or of any police to enter immigrant staprovince or municipality thereof, wherein the various immigrant tions. stations are located, the officers in charge of such immigrant stations, as occasion may require, shall admit therein any constables or other peace officers charged with the enforcement of such laws; and for the purposes of this section the authority of such officers and the jurisdiction of the local courts shall extend over such immigrant stations.

APPOINTMENT, POWERS AND PROCEDURE OF BOARDS OF INQUIRY.

of

13. The Minister may appoint three or more officers, of whom Appointment the immigration officer in charge shall be one, at any port of entry, of boards to act as a permanent Board of Inquiry for the summary deter- inquiry. mination of all cases of immigrants or passengers seeking to enter Canada or detained for any cause under this Act.

Authority of

14. Such Boards of Inquiry shall have authority to determine whether an immigrant, passenger or other person seeking to enter boards. Canada or detained for any cause under this Act, shall be allowed to enter or remain in Canada, or shall be rejected and deported.

of

15. The hearing of all cases brought before such Board of Hearing Inquiry shall be separate and apart from the public, but in the cases by board. presence of the immigrant, passenger or other person concerned whenever practicable, and such immigrant, passenger or other person shall have the right to be represented by counsel whenever any evidence or testimony touching the case is received by the Board, and a summary record of proceedings and of evidence and testimony taken shall be kept by the Board.

Taking of evi

2. The Board, and any member thereof, may, at discretion, administer oaths and take evidence under oath or by affirmation dence. in any form which they deem binding upon the person being examined.

16. In all such cases, such Board of Inquiry may at the hearing, All evidence to be received. receive and base its decision upon any evidence, considered credible

or trustworthy by such Board in the circumstances of each case; and in all cases where the question of the right to enter Canada under this Act is raised the burden of proof shall rest upon the immigrant, passenger or other person claiming such right. Decision of 17. The Board of Inquiry shall appoint its own chairman and majority to secretary to keep the record of its proceedings, and in all cases and questions before it the decision, which decision shall be in writing, of a majority of the Board shall prevail.

prevail.

Cases where no appeal allowed from board.

18. There shall be no appeal from the decision of such Board of Inquiry as to the rejection and deportation of immigrants, passengers or other persons seeking to land in Canada, when such decision is based upon a certificate of the examining medical officer to the effect that such immigrants, passengers or other persons are afflicted with any loathsome disease, or with a disease which may become dangerous to the public health, or that they come within any of the following prohibited classes, namely, idiots, imbeciles, feeble-minded persons, epileptics and insane persons: Proviso as to Provided always that Canadian citizens and persons who have Canadian citi- Canadian domicile shall be permitted to land in Canada as a matter of right.

zens.

Cases where appeal allowed from board.

19. In all cases other than provided for in the next preceding section an appeal may be taken to the Minister against the decision of any such Board of Inquiry or officer in charge by the immigrant, passenger or other person concerned in the case, if the appellant forthwith serves written notice of such appeal, (which notice may be in form C in the schedule to this Act), upon the officer in charge, or the officer in whose custody the appellant may be, and shall at the same time deposit with such officer the sum of twenty dollars for himself and ten dollars for each child or other person dependent upon such appellant and detained with him, such sum to be used for the purpose of defraying the cost of maintaining the appellant and those dependent upon him, pending the decision of the Minister on such appeal. In case of the appeal being allowed by the Minister or by the Board of InSecurity for quiry on a re-hearing, then the said sum shall be returned to the cost of mainte- appellant; and in case of the appeal being disallowed by the Minnance pending ister or by the Board of Inquiry on a re-hearing, then the balance of such sum, if any, after deduction of regular detention charges for board, shall be returned to the appellant; and the appellant shall forthwith be deported.

appeal.

Notice of appeal.

20. Notice of appeal and deposit of the said sum shall act as a stay of all proceedings until a final decision is rendered by the Minister, and within forty-eight hours after the filing of the said notice and deposit of the said sum a summary record of the case Stay of pro- shall be forwarded by the immigration officer in charge to the ceedings. Superintendent of Immigration, accompanied by his views thereon in writing.

Appellant in 21. Pending the decision of the Minister, the appellant and those custody pending decision of dependent upon him shall be kept in custody at an immigrant Minister. station, unless released under bond as provided for in section 33 of this Act.

When powers 22. When there is no Board of Inquiry at a port of entry, or at of board to be exercised by of- a neighbouring port to which a person detained under this Act ficer in charge. could conveniently be conveyed, or to which a case for decision could conveniently be referred, then the officer in charge shall exercise the powers and discharge the duties of a Board of Inquiry and shall follow as nearly as may be the procedure of such Board as regards hearing and appeal and all other matters over which it has jurisdiction.

cases of rejec

Jurisdiction 23. No court, and no judge or officer thereof, shall have jurisdicof courts in tion to review, quash, reverse, restrain or otherwise interfere tion and de- with any proceeding, decision or order of the Minister or of any portation re- Board of Inquiry, or officer in charge, had, made or given under stricted.

the authority and in accordance with the provisions of this Act relating to the detention or deportation of any rejected immigrant, passenger or other person, upon any ground whatsoever, unless such person is a Canadian citizen or has Canadian domicile.

24. The Governor in Council may make such further regulations governing the procedure of Boards of Inquiry and appeal therefrom as are deemed necessary.

SPECIAL PROVISION AS TO PASSENGERS BY VESSEL.

Further regu

lations governing boards.

in

25. It shall be the duty of every transportation company bring- Passengers to be landed ing passengers or other persons to Canada by vessel to prevent such passengers or other persons leaving such vessel in Canada at only at places designated by any time or place other than as designated by the immigration officer officer in charge, and the failure of any such company to comply charge. with such duty shall be an offence against this Act and shall be punished by a fine of not more than five hundred dollars and not less than twenty dollars, in respect of each such passenger or person and every passenger or other person so landed may be arrested and detained for examination as contemplated under section 33 of this Act.

26. The master shall furnish to the immigration officer in charge at the port of entry a bill of health, certified by the medical officer of the vessel, such bill of health being in the form and containing such information as is required from time to time under this Act. 27. Before any passengers are permitted to leave a vessel in Canada the immigration officer in charge, or any officer directed by him, may go on board and inspect such vessel, and examine and take extracts from the manifest of passengers, and from the bill of health.

Penalty.

Bill of health.

Officer may. go on board ship.

Master to permit exami

2. The master shall permit any examination of passengers required under this Act to be made on board his vessel whenever nation of passo directed by the immigration officer in charge.

sengers on

passengers.

of

28. Medical officers appointed under this Act shall make a physi- board ship. cal and mental examination of all immigrants and passengers Medical exseeking to land in Canada from any ship or vessel, except in the amination case of Canadian citizens and persons who have Canadian domicile. Such examination shall be made in accordance with and subject to regulations prescribed by the Superintendent of Immigration under the direction or with the approval of the Minister. 29. The immigration officer in charge, after satisfying himself When perthat the requirements of this Act, and of any order in council, passengers proclamation or regulation made thereunder, have been carried be granted. out, shall grant written permission to the master of the vessel to allow the passengers to leave the vessel.

SPECIAL PROVISION AS TO PASSENGERS BY LAND.

mission to land

to

CO

30. Every transportation company carrying passengers in Can- Liability of companies ada by land shall, for the purposes of this Act, be considered as operating. one with any transportation company with which it co-operates or makes or affords connection whether in Canada or not and whether under the same management or not, and shall be liable for any offence against this Act by any company with which it so co-operates or makes or affords connection.

31. Regulations made by the Governor in Council under this Act Obligations of may provide that the obligations of transportation companies companies transportation bringing immigrants and passengers into Canada by land shall bringing pasbe similar to those imposed by this Act on masters and owners of sengers by land. vessels bringing immigrants and passengers to Canada, including the furnishing of names and descriptions of such immigrants and passengers.

2. Such regulations may also provide that officers under this Act shall have the power to hold and detain railway trains, cars and other vehicles entering Canada until examination of immigrants and passengers has been made as required by this Act; and may provide penalties for non-compliance with such regulations by transportation companies, or any official or employee thereof.

Detention of trains.