Canada has had laws and regulations governing the admission of immigrants since 1869, two years following
Confederation. The following is a timeline of the former Canadian legal system, both federal and provincial, as it relates to immigration: •
Immigration Act, 1869 — Canada's first immigration policy following Confederation. It contained few restrictions on immigration, mainly focusing on ensuring the safety of immigrants en route to Canada and protecting them from exploitation upon their arrival. •
Dominion Lands Act (1872) — legislation that aimed to encourage the settlement of the
Canadian Prairies and to help prevent the area being claimed by the United States. The act was closely based on the U.S.
Homestead Act of 1862, setting conditions in which the western lands could be settled and their natural resources developed. •
Royal Commission on Chinese Immigration (1885) — a
royal commission appointed by the government in hopes to prove the need for the regulation of
Chinese immigration to Canada. The commission recommended imposing a $10 duty on each Chinese person seeking entry into Canada. •
Chinese Immigration Act, 1885 (amendments in 1887, 1892, 1900, 1903) — Canada's first piece of legislation to prevent immigrants based on their ethnic origin, following a large influx of
Chinese labourers to Canada in the 1880s. The act imposed the now-infamous
Chinese head tax: a duty on every Chinese person seeking entry into Canada, beginning at $50 per person, increasing to $100 per person in 1900, and to $500 in 1903. •
Royal Commission on Italian Immigration (1904-1905) — a royal commission appointed in 1904 to investigate the exploitation of
Italian labourers by employment brokers known as
padroni. The
padroni recruited Italian workers for companies in Canada and oversaw their transport and employment upon arriving in Canada. The commission focused its investigation on
Antonio Cordasco, who chiefly recruited labourers for the
Canadian Pacific Railway. •
Newfoundland Chinese Immigration Act (1906) — legislation in
Newfoundland, still a British colony at the time, that introduced a $300
head tax on Chinese immigrants. The head tax remained in effect until
Newfoundland and Labrador joined Confederation in 1949. • '''
Gentlemen's Agreement (Hayashi–Lemieux Agreement'''; 1908) — an
agreement between Canadian minister of labour
Rodolphe Lemieux and Japanese foreign minister
Tadasu Hayashi to restrict
Japanese immigration to Canada. Under the agreement, the Japanese government voluntarily limited the number of Japanese immigrants yearly arriving in Canada to 400. Such restrictions were considered necessary following a recent influx of Japanese labourers in
British Columbia and a rise in
anti-Asian sentiment in the province, particularly the
Pacific Coast race riots of 1907. •
Continuous journey regulation (1908) — a regulation requiring prospective immigrants to travel to Canada by "continuous journey" from the country of origin. This effectively blocked Indian immigration as there was no direct ship route between India and Canada at this time. •
Immigration Act, 1910 — legislation expanding the list of prohibited immigrants and providing the government with greater discretionary authority in regard to the admissibility and deportation of immigrants. It allowed for the prohibiting of immigrants determined to be "unsuited to the climate or requirements of Canada" •
Order-in-Council P.C. 1911-1324 (1911) — an
Order in Council banning "any immigrants belonging to the
Negro race, which is deemed unsuitable to the climate and requirements of Canada." (The ban was not written into the
Immigration Act.) •
Naturalization Act, 1914 — legislation introducing more stringent requirements for
naturalization in Canada, wherein approval for a certificate of naturalization required immigrants to live in Canada for 5 years, possess adequate knowledge of French or English, and exhibit good
moral character. •
Immigration Act, 1919 — an amendment to the 1910 Immigration Act, providing more restrictive regulations in response to the
postwar economic downturn,
labour unrest, and increasing anti-foreign sentiment. Immigrants from
enemy alien countries were denied entry and the restricted categories of
political dissidents were expanded. The federal cabinet was also allowed to prohibit immigrants of any nationality, race, occupation and class because of their "peculiar customs, habits, modes of life and methods of holding property." •
Empire Settlement Act, 1922 — an agreement between the
British government and several
commonwealth countries designed to facilitate the resettlement of
agriculturalists,
farmworkers, and juvenile immigrants throughout the
Empire. •
Chinese Immigration Act, 1923 — legislation virtually restricting all Chinese immigration to Canada. •
Railway Agreement, 1925 — an agreement by the Government of Canada with the Canadian Pacific Railway and the
Canadian National Railway permitting the companies to control the recruitment and settlement of European agriculturalists. The agreement was cancelled in 1930. •
Order-in-Council P.C. 1931-695 (1931) — an order-in-council passed on 21 March 1931 allowing for the implementation of the tightest immigration admissions policy in Canadian history. •
Canadian Citizenship Act (1947) — legislation creating the category
Canadian citizenship and allowing for residents of Canada to obtain citizenship regardless of their country of origin. (Previously, individuals born in Canada and naturalized immigrants were classified as
British subjects rather than Canadian citizens.) •
Immigration Act, 1952 — the first new Canadian immigration act since 1910, reinforcing the powers of the federal cabinet and investing the
minister of citizenship and immigration with broad discretionary powers over admissibility and deportation. •
Immigration Regulations, Order-in-Council PC 1962-86 (1962) — regulations eliminating overt racial discrimination from Canadian immigration policy. •
White Paper on Immigration (1966) — a
policy document commissioned by the federal government to review immigration legislation and make recommendations on its restructuring. The White Paper suggested that Canada ought to focus on recruiting qualified immigrants and tighten the controls on sponsored immigration to avoid an influx of
unskilled labourers. The report would lay the groundwork for new immigration regulations the following year. •
Immigration Regulations, Order-in Council PC 1967-1616 (1967) — regulations establishing new standards for evaluating potential immigrants, through a
point-based system. •
Immigration Act, 1976 — the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.
Immigration Act, 1976 The
Immigration Act, 1976, insured by the
Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration. == Current enabling laws ==