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companies

Obligations of 3. Such regulations may also impose a duty upon transportation transportation companies to provide, equip and maintain suitable buildings for to provide de- the examination and detention of passengers for any purpose tention build- under this Act at such ports of entry or border stations as may ings.

Proviso.

be designated by the Minister; and may provide penalties for noncompliance by transportation companies with such regulations: Provided that no transportation company shall be made liable for the safe-keeping of any person who is in custody of an officer for any cause under this Act, unless such person is on a vessel, railway train or other vehicle belonging to or operated or controlled by such company. Regulations 32. Subject to any regulations made under the preceding section, tion of passen- the Superintendent of Immigration, under the direction or with gers along the the approval of the Minister, shall prescribe regulations for the entry, inspection and medical examination of immigrants and passengers along the border of Canada so as not to unnecessarily delay, impede or annoy passengers in ordinary travel.

for examina

border.

passengers.

LANDING OF PASSENGERS.

Landing of 33. Every passenger or other person seeking to land in Canada shall first appear before an immigration officer, and shall be forthwith examined as required under this Act, either on shipboard or on train or at some other place designated for that purpose.

Answers to questions.

Doubtful

cases.

Examination in doubtful cases.

Deportation.

Duty to report entry.

Avoiding port of entry.

2. Every passenger or other person seeking to land in Canada shall answer truly all questions put to him by any officer when examined under the authority of this Act.

3. Every passenger or other person so examined shall be immediately landed unless the examining officer has reason to believe that the landing of such passenger or other person would be contrary to any provision of this Act.

4. Every passenger or other person, as to whose right to land the examining officer has any doubt, shall be detained for further examination by the officer is charge, or by the Board of Inquiry, and such examination shall be forthwith conducted separate and apart from the public, and upon the conclusion thereof such passenger or other person shall be either immediately landed or shall be rejected and kept in custody pending his deportation.

5. An order for deportation by a Board of Inquiry or officer in charge may be made in the form B in the schedule to this Act, and a copy of the said order shall forthwith be delivered to such passenger or other person, and a copy of the said order shall at the same time be served upon the master or owner of the ship or upon the local agent or other official of the transportation company by which such person was brought to Canada; and such person shall thereupon be deported by such company subect to any appeal which may have been entered on his behalf under section 19 of this Act.

6. Every person who enters Canada except at a port of entry shall forthwith report such entry to the nearest immigration officer and present himself for examination as provided by this section.

7. Any person who enters Canada except at a port of entry, or who at a port of entry eludes examination by an officer or Board of Inquiry, or who enters Canada by force or misrepresentation or stealth or otherwise contrary to any provision of this Act, or who escapes from the custody of an officer or from an immigrant station when detained for any cause under this Act, shall be guilty of an offence under this Act, and liable on conviction to a fine of not more than one hundred dollars, and may be arrested and detained without a warrant by any officer for examination as provided under this section; and if found not to be a Canadian citizen, or not to have Canadian domicile, such entry shall in itself be sufficient cause for deportation whenever so ordered by a Board of Inquiry or officer in charge subject to any appeal which may have been entered under section 19 of this Act.

S. Any transportation company or person knowingly and wil- Penalty for landing prohibfully landing, or assisting to land or attempting to land in Canada, ited immigrant. any prohibited immigrant or person whose entry into Canada has been forbidden under this Act, shall be guilty of an offence and shall be liable on conviction, to a fine of not more than five hundred dollars and not less than fifty dollars for each prohibited immigrant or other person so landed in Canada, or whose landing in Canada was so attempted.

Interference

9. Any transportation company or person interfering with or resisting an immigration officer in the performance of his duty with officer in under this Act, or knowingly and wilfully assisting in the escape duty. performance of of any person detained by an officer, or at an immigrant station, for any purpose under this Act, or giving false information to an officer, whereby such officer is induced to land or permit the landing of any person in Canada who otherwise would be refused landing for any cause under this Act or would be detained for examination, shall be guilty of an offence, and shall be liable to a fine of not more than five hundred dollars and not less than twenty dollars for each such offence.

ceases to be

10. Every person who enters Canada as a tourist or traveller Penalty for or other non-immigrant, but who ceases to be such and remains tourist who in Canada, shall forthwith report such facts to the nearest immi- such failing to gration officer and shall present himself before an officer for report. examination under this Act, and in default of so doing he shall be liable to a fine of not more than one hundred dollars and shall also be liable to deportation by order of a Board of Inquiry or officer acting as such.

11. Pending the final disposition of the case of any person detained or taken into custody for any cause under this Act he may be released under a bond, which bond may be in the form F in the schedule to this Act, with security approved by the officer in charge, or may be released upon deposit of money with the officer in charge in lieu of a bond, and to an amount approved by such officer; upon condition that such person shall appear before a Board of Inquiry or officer acting as such at any port of entry named by the officer in charge, and at such time as shall be named, for examination in regard to the cause or complaint on account of which he has been detained or taken into custody.

Release under bond or approved deposit.

12. If such person fail to appear for examination at such time Failure to and place named, or shall fail to keep and observe every other appear for examination. condition under which he is so released, then such bond shall be enforced and collected, and the proceeds thereof, or the money deposited in lieu of a bond, as the case may have been, shall be paid into the hands of the Minister of Finance, and shall form part of the Consolidated Revenue Fund of Canada; and such person may be taken into custody forthwith and deported by order of a Board of Inquiry or officer acting as such.

MEDICAL TREATMENT OF SICK AND DISABLED PASSENGERS.

34. A passenger or other person seeking to enter Canada or who has been rejected or is detained for any purpose under this Act, who is suffering from sickness or physical or mental disability, may whenever it is so directed by the Superintendent of Immigration or officer in charge be afforded medical treatment on board ship or in an immigrant station, or may be removed to a suitable hospital for treatment, according as the officer in charge decides is required by existing circumstances and the condition of the person's health as reported upon by the examining medical officer.

Medical treatment.

When trans

2. If, in the opinion of the Superintendent of Immigration, or of the officer in charge, the transportation company which brought portation companies liable such person to Canada failed to exercise proper vigilance or care for cost of in so doing, then the cost of his hospital treatment and medical medical treatattention and maintenance shall be paid by such transportation ment. company, and otherwise the cost thereof shall be collected from

Cost of attendant or dependent.

Hospital treatment not to constitute landing.

such person, and if that be not possible then the cost thereof shall be paid by the Department of the Interior.

3. The Superintendent of Immigration, or officer in charge, may, whenever it is considered necessary or advisable for the proper care of such persons, direct that a suitable attendant, or someone upon whom such person is dependent, or someone who is dependent upon such person, as the case may be, shall be kept with such person during his medical treatment on board ship or at an immigrant station or hospital, or in case of deportation from any place within Canada shall accompany such person to his port of embarkation from Canada; and the cost thereof shall be paid by the said transportation company whenever in the opinion of the Superintendent of Immigration it has failed to exercise proper vigilance or care as aforesaid, and otherwise the cost thereof shall be collected from such person, and if that be not possible then the cost thereof shall be paid by the Department of the Interior.

35. A passenger or other person permitted to enter Canada for medical treatment under this Act shall not be regarded as landed within the meaning of this Act.

Regulations 36. The Superintendent of Immigration, under the direction or for entry of with the approval of the Minister, shall prescribe regulations diseased persons for treat- whereby sick and diseased persons may enter Canada for treatment at Cana- ment and care at any health resort, hospital, sanitarium, asylum dian sanitari- or other place or institution for the cure or care of such persons.

ums.

money.

REGULATIONS AS ΤΟ MONETARY AND OTHER REQUIREMENTS FROM
SPECIFIED CLASSES OF IMMIGRANTS.

Immigrants 37. Regulations made by the Governor in Council under this Act may be required to posmay provide as a condition to permission to land in Canada that sess prescribed immigrants and tourists shall possess in their own right money to amount of a prescribed minimum amount, which amount may vary according to the race, occupation or destination of such immigrant or tourist, and otherwise according to the circumstances; and may also provide that all persons coming to Canada directly or indirectly from countries which issue passports or penal certificates to persons leaving such countries shall produce such passports or penal certificates on demand of the immigration officer in charge before. being allowed to land in Canada.

38. The Governor in Council may, by proclamation or order whenever he deems it necessary or expedient,Prohibition (a) prohibit the landing in Canada or at any specified port of of immigrants not coming to entry in Canada of any immigrant who has come to Canada otherCanada by con- wise than by continuous journey from the country of which he is tinuous jour- a native or naturalized citizen, and upon a through ticket purchased in that country, or prepaid in Canada;

ney.

Prohibition (b) prohibit the landing in Canada of passengers brought to of landing of Canada by any transportation company which refuses or neglects brought by to comply with the provisions of this Act;

passengers

companies neg- (c) prohibit for a stated period, or permanently, the landing in lecting to comply with proI Canada, or the landing at any specified port of entry in Canada, of visions of this immigrants belonging to any race deemed unsuited to the climate or requirements of Canada, or of immigrants of any specified class, Prohibition of specified occupation or character.

Act.

classes of immigrants, and closing of specified ports.

convey rejected

Duty of com- 39. When any immigrant or other person is rejected or ordered panies to re- to be deported from Canada, and such person has not come to immigrants to Canada by continuous journey from the country of which he is a country of birth native or naturalized citizen, but has come indirectly through or citizenship. another country, which refuses to allow such person to return or

be returned to it, then the transportation company bringing such person to such other country shall deport such person from Canada to the country of which he is a native or naturalized citizen whenever so directed by the Minister or Superintendent of Immigration and at the cost of such transportation company, and in

case of neglect or refusal so to do, such transportation company shall be guilty of an offence against this Act, and shall be liable to a fine of not more than five hundred dollars and not less than twenty dollars for each such offence.

DEPORTATION OF PROHIBITED AND UNDESIRABLE CLASSES.

Penalty.

Duty of officer to send

re

sirable classes.

40. Whenever any person, other than a Canadian citizen, within three years after landing in Canada has been convicted of a crim- complaint to inal offence in Canada, or has become a prostitute or an inmate Minister of a house of ill-fame, or by common repute has become a procurer garding undeor pimp or person living on the avails of prostitution, or has become a professional beggar or a public charge, or an inmate of a penitentiary, gaol, reformatory, prison, hospital, insane asylum or public charitable institution, or enters or remains in Canada contrary to any provision of this Act, it shall be the duty of any officer cognizant thereof, and the duty of the clerk, secretary or other official of any municipality in Canada wherein such person may be, to forthwith send a written complaint thereof to the Minister or Superintendent of Immigration, giving full particulars. 41. Whenever any person other than a Canadian citizen advo- Duty of officers to send cates in Canada the overthrow by force or violence of the governcomplaint to ment of Great Britain or Canada, or other British dominion, Minister concolony, possession or dependency, or the overthrow by force or cerning certain violence of constituted law and authority, or the assassination of acts of undeany official of the Government of Great Britain or Canada or other British dominion, colony, possession or dependency, or of any foreign government, or shall by word or act create or attempt to create riot or public disorder in Canada, or shall by common repute belong to or be suspected of belonging to any secret society or organization which extorts money from, or in any way attempts to control, any resident of Canada by force or threat of bodily harm, or by blackmail; such person for the purposes of this Act shall be considered and classed as an undesirable immigrant, and it shall be the duty of any officer becoming cognizant thereof, and the duty of the clerk, secretary or other official of any municipality in Canada wherein such person may be, to forthwith send a written complaint thereof to the Minister or Superintendent of Immigration, giving full particulars.

sirable classes.

42. Upon receiving a complaint from any officer, or from any Investigation clerk or secretary or other official of a municipality, whether directly of complaints or through the Superintendent of Immigration, against any person desirable classconcerning unalleged to belong to any prohibited or undesirable class, the Minis- es. ter may order such person to be taken into custody and detained at an immigrant station for examination and an investigation of the facts alleged in the said complaint to be made by a Board of Inquiry or by an officer acting as such. Such Board of Inquiry or officer shall have the same powers and privileges, and shall follow the same procedure, as if the person against whom complaint is made were being examined before landing as provided in section 33 of this Act; and similarly the person against whom complaint is made shall have the same right and privileges as he would have if seeking to land in Canada.

Deportation

2. If upon investigation of the facts such Board of Inquiry or examining officer is satisfied that such person belongs to any of in such cases. the prohibited or undesirable classes mentioned in sections 40 and 41 of this Act, such person shall be deported forthwith, as provided for in section 33 of this Act, subject, however, to such right of appeal as he may have to the Minister.

3. The Governor in Council may, at any time, order any such person found by a Board of Inquiry or examining officer to belong to any of the undesirable classes referred to in section 41 of this Act to leave Canada within a specified period. Such order may be in the form D in the schedule to this Act, and shall be in force as soon as it is served upon such person, or is left for him by any officer at the last known place of abode or address of such person.

Order to leave Canada.

Penalty for 4. Any person rejected or deported under this Act who enters rejected or deported person or remains in or returns to Canada after such rejection or deportaremaining in tion without a permit under this Act or other lawful excuse, or or re-entering who refuses or neglects to leave Canada when ordered so to do by Canada. the Governor in Council as provided for in this section, shall be guilty of an offence against this Act, and may forthwith be arrested by any officer and be deported on an order from the Minister or the Superintendent of Immigration, or may be prosecuted for such offence, and shall be liable, on conviction, to two years imprisonment, and immediately after expiry of any sentence imposed for such offence, may be again deported or ordered to leave Canada under this section

Deportation of head of family.

5. In any case where deportation of the head of a family is ordered, all dependent members of the family may be deported at the same time. And in any case where deportation of a dependent member of a family is ordered on account of having become a public charge, and in the opinion of the Minister such Deportation circumstance is due to wilful neglect or non-support by the head dependent or other members of the family morally bound to support such dependent members, then all members of the family may be deported at the same time. Such deportation shall be at the cost of the persons so deported; and if that be not possible then the cost of such deportation shall be paid by the Department of the Interior.

of member of fam

ily.

Detention of

43. When any person has, within three years of landing in Cancertain prison- ada, become an inmate of a penitentiary, gaol, reformatory or ers for deportation. prison, the Minister of Justice may, upon the request of the Minister of the Interior, issue an order to the warden or governor of such penitentiary, gaol, reformatory or prison, which order may be in the form E in the schedule to this Act, commanding him after the sentence or term of imprisonment of such person has expired to detain such person for, and deliver him to, the officer named in the warrant issued by the Superintendent of Immigration, which warrant may be in the form EE in the schedule to this Act, with a view to the deportation of such person.

Order of 2. Such order of the Minister of Justice shall be sufficient au

Justice and

Minister of thority to the warden or governor of the penitentiary, gaol, rewarrant of formatory or prison, as the case may be, to detain and deliver superintendent such person to the officer named in the warrant of the Superinof immigration. tendent of Immigration as aforesaid, and such warden or governor

Return of re

shall obey such order, and such warrant of the Superintendent of Immigration shall be sufficient authority to the officer named therein to detain such person in his custody, or in custody at any immigrant station, until such person is delivered to the authorized agent of the transportation company which brought such person into Canada, with a view to deportation as herein provided.

OBLIGATIONS OF TRANSPORTATION COMPANIES IN CASES CF REJECTION
AND DEPORTATION.

44. Every immigrant, passenger, stowaway or other person jected im mi-brought to Canada by a transportation company and rejected by grants. the Board of Inquiry or officer in charge, shall, if practicable, be sent back to the place whence he came, on the vessel, railway train or other vehicle by which he was brought to Canada. The cost of his maintenance, while being detained at any immigrant station after having been rejected, as well as the cost of his return, shall be paid by such transportation company.

Refusal

board.

to

2. If any such transportation company

(a) refuses to receive any such person back on board of such receive on vessel, railway train or other vehicle or on board of any other vessel, railway train or other vehicle owned or operated by the same transportation company, when so directed by the officer in charge; or,

Failure to detain.

[blocks in formation]

(b) fails to detain any such person thereon; or,

(c) refuses or fails to return him to the place whence he came to Canada; or,

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