Canadian Immigration Acts and Legislation

Summary

Canada has regulated immigration since 1869, and laws have been shaped by the social, political, and economic climate, as well as race, desirability, and integration. Elements of discrimination have often been prominent in Canadian immigration policy. In 1967, immigration policy was liberalized with the introduction of the “points system..” The cultural diversity of Canadian immigrants to Canada is now a key component of Canadian identity. Immigration legislation reflects Canada’s changing beliefs and its history of inclusion and exclusion.

by Lindsay Van Dyk, Former Junior Researcher

What do immigration rules tell us about Canada?

Since 1869, Canada has had laws and regulations governing the admission of immigrants. Immigration legislation has evolved and changed over time, shaped by the shifting social, political and economic climate, as well as dominant beliefs about race, desirability and integration. The open-door approach of the late nineteenth century gradually gave way to more restrictive measures that discriminated on the basis of race, ethnicity, and national origin. Overt discrimination remained a part of Canadian immigration policy until the latter half of the twentieth century, when skill and education became the main criteria for determining entrance into Canada, leaving some elements of discrimination still in place. Since Canada’s adoption of multiculturalism as an official policy in 1971, the cultural diversity of Canadian immigrants has been promoted as a key component of Canadian identity. Immigration legislation is ultimately a reflection of society’s beliefs and attitudes, but also reveals Canada’s history of inclusion and exclusion.

White Paper on Immigration, 1966

The White Paper on Immigration was a policy document commissioned by the government to review immigration legislation and make recommendations on its restructuring. The report suggested that Canada should focus on recruiting qualified immigrants and tighten the controls on sponsored immigration to avoid a significant movement of unskilled labourers. Although the proposal to restrict sponsored immigration was broadly criticized, the white paper laid the foundation for new immigration regulations in 1967.

Immigration Regulations, Order-in Council PC 1967-1616, 1967

The immigration regulations introduced in 1967 established new standards for evaluating potential immigrants. To enhance the objectivity of admissions procedures, a system was set up in which independent immigrants were assessed points in specific categories relating to their education, occupational skills, employment prospects, age, proficiency in English and French and personal character.

Canadian Multiculturalism Policy, 1971

In a statement to the House of Commons on 8 October 1971, Prime Minister Pierre Trudeau announced multiculturalism within a bilingual framework as an official government policy. Multiculturalism was intended to preserve the cultural freedom of individuals and provide recognition of the cultural contributions of diverse ethnic groups to Canadian society. The government committed to support multiculturalism by assisting cultural groups in their development, assisting individuals in overcoming discriminatory barriers, encouraging intercultural exchange and assisting immigrants in learning French or English.

Immigration Act, 1976

The Immigration Act of 1976 represented a significant shift in Canadian immigration legislation. It was the first immigration act to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants and mandate the federal government to consult with other levels of government in immigration planning and management. The act was positively regarded as a progressive piece of legislation and it received broad social and political support.

Canadian Multiculturalism Act, 1988

The Canadian Multiculturalism Act of 1988 provided a legislative framework to the existing policy of multiculturalism and expanded its focus. Revisions to the policy were deemed necessary to better reflect Canada’s increasingly diverse racial and ethnic composition. The act sought to protect the cultural heritage of all Canadians, reduce discrimination, and encourage the implementation of multicultural programs and initiatives within institutions and organizations. Canada was the first country to pass a national multiculturalism law.