Volume #22 - 693.|
RELATIONS WITH INDIVIDUAL COUNTRIES
Memorandum from Acting Secretary of State for External Affairs|
CABINET DOCUMENT NO. 93-57|
April 24th, 1957|
PROPOSED AMENDMENT TO THE IMMIGRATION AGREEMENT WITH INDIA|
OF JANUARY 26, 1951 46
Pursuant to approval by Cabinet on August 9, 1956 of a recommendation by the Minister of Citizenship and Immigration that discussions be held with the Indian Government with a view to increasing the quota of immigrants admissible to Canada from India, the High Commissioner for Canada in New Delhi conducted negotiations with the Government of India and a figure of 300 persons, double the present quota of 150 persons, was agreed upon. It was also agreed that the quota figure of 300 persons would be equally divided between relatives of residents of Canada (other than close relatives admissible under the Regulations), who would be sponsored by the relatives in Canada, and persons applying for permanent admission from India without sponsorship.
In an effort to counteract claims of discrimination by the Indian Government and by East Indian groups in Canada arising from the inclusion of most Asian and African countries, including India, under Section 20(d) of the Immigration Regulations which is a less favourable category with regards to the admission of relatives than Section 20(c) which applies to all countries of Europe and the Americas, and, in addition, includes Turkey, Lebanon, Israel and Egypt, it was considered desirable to change the form of the Agreement to show that the same classes of relatives were admissible to Canada under the Agreement as if India were included under Section 20(c). The fact is even wider classes are eligible for admission under the Agreement but they are limited by a quota, whereas the countries affected by 20(c) have no quota limitation. The effort to eliminate appearances of discrimination against India has necessitated the amendment of the 1951 Agreement by the revocation of the four operative paragraphs (Annex A) and their replacement with six paragraphs (Annex B). However, the only substantive changes in the amending Agreement are the doubling of the quota and the designation of one-half the quota for sponsored cases and one-half for unsponsored cases.
The undersigned has the honour to recommend, therefore, with the concurrence of the Minister of Citizenship and Immigration, that approval be given for amending the Immigration Agreement with India of January 26, 1951 as outlined above and that the High Commissioner for Canada to India, Mr. Escott Reid, be authorized to sign an Exchange of Notes on behalf of the Government of Canada with the Government of India to this effect.47
[PIÈCE JOINTE 1/ENCLOSURE 1]
OPERATIVE PARAGRAPHS OF IMMIGRATION AGREEMENT WITH INDIA
(1) In the twelve month period commencing on the first day of January, 1951, and in each succeeding twelve month period thereafter, the admission to Canada for permanent residence of one hundred and fifty citizens of India, including both sexes and all ages, shall be authorized provided the immigrants comply with the provisions of the Canadian Immigration Act.
(2) In addition to the citizens of India whose entry to Canada for permanent residence is authorized in accordance with paragraph (1) above, a citizen of India who can otherwise comply with the provisions of the Canadian Immigration Act may be admitted to Canada for permanent residence if he or she is the husband, wife or unmarried child under twenty-one years of age of any Canadian citizen legally admitted to and resident in Canada and if the settlement arrangements in Canada are shown to the Canadian authorities to be satisfactory.
(3) The provisions of Canadian Order-in-Council P.C. 2115, dated the 16th day of September, 1930, as amended by Order-in-Council P.C. 6229 of the 28th day of December, 1950, shall not apply to citizens of India.
(4) The admission to Canada as non-immigrants of citizens of India shall not be affected by the preceding paragraphs.
[PIÈCE JOINTE 2/ENCLOSURE 2]
OPERATIVE PARAGRAPHS OF PROPOSED AMENDMENT OF IMMIGRATION
(1) In the twelve month period commencing on the first day of January, 1957 and in each succeeding twelve month period thereafter, the admission to Canada for permanent residence of 300 citizens of India, of both sexes and all ages, shall be authorized provided the immigrants comply with the provisions of the Canadian Immigration Act. Of these 300 immigrants, 150 will be preference quota immigrants.
(2) Any resident of Canada, whether or not he is a citizen of Canada, may support an application for admission to Canada as an immigrant of any citizen of India who is a resident of India and is his relative.
(3) Out of these applicants, those who are "close relatives" of Canadian citizens will be admissible to Canada as non- quota immigrants.
(4) Other relatives of Canadian citizens, and all relatives of residents in Canada other than citizens will be admissible as "preference- quota immigrants".
(5) A "relative" means the husband, wife, son, daughter, brother, sister (or the husband, wife or unmarried child under 21 years of age of any such son, daughter, brother, or sister), father, mother, grandparent, unmarried orphan nephew or niece under 21 years of age, fiancé or fiancée. A "close relative" means the husband, wife, unmarried child under 21 years of age, father over 65 years of age, or mother over 60[nb years of age.
(6) The admission to Canada of citizens of India as non-immigrants shall not be affected by the preceding paragraphs.