Canadian Immigration Acts and Legislation

The Naturalization Act of 1914 introduced more stringent requirements for naturalization in Canada. To be approved for a certificate of naturalization, immigrants were required to live in Canada for five years, possess adequate knowledge of French or English, and exhibit good moral character. The secretary of state held absolute discretionary powers to grant and withhold certificates of naturalization with no recourse for appeal.

The government amended the Immigration Act in 1919 with more restrictive regulations in response to the postwar economic downturn, labour unrest and growing anti-foreign sentiment. Immigrants from enemy alien countries were denied entry and the restricted categories of political dissidents were expanded. The federal cabinet was additionally authorized to prohibit immigrants of any nationality, race, occupation and class because of their “peculiar customs, habits, modes of life and methods of holding property.”

The Empire Settlement Act of 1922 was an agreement between the British government and several commonwealth countries designed to facilitate the resettlement of agriculturalists, farm labourers, domestics and juvenile immigrants throughout the Empire. In Canada, a variety of settlement schemes offered potential immigrants assistance with transportation costs and skill-specific training as incentives for emigration. Approximately 165,000 British immigrants arrived in Canada as participants in different settlement programs, far less than the millions originally envisioned.

The Chinese Immigration Act of 1923 virtually restricted all Chinese immigration to Canada by narrowly defining the acceptable categories of Chinese immigrants. While the entrance duty requirement was repealed, admissible Chinese immigrants were limited to diplomats and government representatives, merchants, children born in Canada who had left for educational or other purposes, and students while attending university or college. Between 1923 and 1946, it is estimated that only 15 Chinese immigrants gained entry into Canada.

In 1925, the Canadian government formalized an agreement with the Canadian Pacific Railway and the Canadian National Railway allowing the companies to control the recruitment and settlement of European agriculturalists in an effort to fulfill Canada’s growing labour needs. Railway companies were permitted to recruit immigrants from countries that had previously been designated non-preferred nations, leading to a significant movement of immigrants from Central Europe. The agreement was cancelled in 1930, precipitated by a change in government and massive unemployment.

With the passage of Order-in-Council PC 695 on 21 March 1931, the government implemented the tightest immigration admissions policy in Canadian history. Further restrictions were deemed necessary after the onset of the Great Depression in order to combat soaring unemployment and further economic decline. Admissible immigrants were limited to American citizens and British subjects with enough capital to maintain themselves, agriculturalists with sufficient means to farm in Canada and the wives and minor children of Canadian residents.

The Canadian Citizenship Act of 1947 created the category of Canadian citizenship and allowed residents of Canada to obtain citizenship regardless of their country of origin. Prior to 1947, individuals born in Canada and naturalized immigrants were classified as British subjects rather than Canadian citizens. The new act established the criteria for obtaining citizenship and outlined the circumstances under which citizenship could be lost or revoked.

The Immigration Act of 1952 was the first new immigration act since 1910. It was not a significant departure from prior legislation as it largely codified existing practices and established a legislative framework from which the government could enact additional orders and regulations. The primary effect of the act was to reinforce the powers of the governor-in-council (i.e. federal cabinet) and invest the minister of citizenship and immigration with broad discretionary powers over admissibility and deportation.

The new immigration regulations introduced in 1962 eliminated overt racial discrimination from Canadian immigration policy. Skill became the main criteria for determining admissibility rather than race or national origin. The classes of sponsored immigrants were expanded so that all Canadian citizens and permanent residents could sponsor relatives for immigration. However, an element of discrimination remained as only Canadian immigrants from preferred nations in Europe, the Americas and select countries in the Middle East were permitted to sponsor children over the age of 21, married children and other members of their extended family.