4. Section 22 of the said Act is repealed.

5. Section 30 of the said Act is repealed.

6. Subsection 5 of section 47 of the said Act is repealed and the following is substituted therefor :

"5. No net or other device shall be so used as entirely to obstruct the passage of fish to or from any of the waters of Canada by any of the ordinary channels connecting such waters, or to prevent their passage to and from accustomed resorts for spawning and the increasing of their species: Provided that the Minister may authorize the placing and maintaining of screens or other obstructions in streams to prevent the escape of fish held for breeding purposes."

7. Subsection 14 of section 47 of the said Act is repealed and the following is substituted therefor :

"14. From the time of low water nearest 6 of the clock in the afternoon of every Saturday to the time of low water nearest 6 of the clock in the forenoon of every Monday, in tidal waters, and from 6 of the clock in the afternoon of every Saturday until 6 of the clock in the forenoon of the following Monday, in nontidal waters, all sedentary fishing stations and weirs, and all pound and trap nets, seines, gill nets, and other apparatus used for catching fish, whether under licence or not, shall be so raised or adapted as to admit of the free passage of fish through, by, or out of such apparatus, or be so effectively closed as to completely obstruct and prevent the entrance of fish into such apparatus, whether under licence or not."

8. Section 48 of the said Act is repealed and the following is substituted therefor :

"48. No one shall use a purse seine for the capture of fish in any of the waters of Canada: Provided that the Minister may issue special licences for the use of purse seines for the taking of salmon in such waters of the province of British Columbia as are specified in such licences."

9. Section 50 of the said Act is repealed and the following is substituted therefor :

"50. In the provinces of British Columbia, Manitoba, Saskatchewan, and Alberta, the North-West Territories and the Yukon Territory, every ditch, channel, or canal constructed or adapted for conducting water from any lake, river, or stream for irrigating, manufacturing, domestic, or other purposes shall be provided at its entrance or intake with a fish-guard or a metal or wire grating, covering, or netting, so fixed as to prevent the passage of fish from any lake, river, or stream into such ditch, channel, or canal.

"2. Such fish-guard shall have meshes or holes not more than three-eighths of an inch in diameter, and shall be built and maintained by the owner of such ditch, channel, or canal, subject to the approval of the Minister or of such officer as he may appoint to examine it.

"3. The owner of such ditch, channel, or canal shall maintain such fish-guard in a good and efficient state of repair, and shall [1910-11. civ.]

2 A

not permit its removal except for renewal or repair; and during the time such renewal or repair is being effected the sluice or gate at the intake or entrance shall be closed, and the passage of fish into the ditch, channel, or canal prevented."

10. Section 51 of the said Act is repealed and the following is substituted therefor :

51. No one shall catch, fish for, take, buy, sell, possess, or export any fish for the purpose of converting it into manure, guano, or fertilizer, or for the manufacture or conversion of such fish into oil or manure or other fertilizing product, except under authority of a special permit or licence granted by the Minister for the taking and utilization of certain fishes specified in such permit or licence."

11.* Section 78 of the said Act is repealed and the following is substituted therefor :

"78. Every owner or manager of a lobster factory or canning establishment in Canada who fails to send to the Minister, through the Inspector of Fisheries for the district, not later than the 31st day of May in each year, a true return of—

"(a.) The number of fishermen employed, and of the lobster traps used in connection with his factory or canning establishment;

"(b.) The number of persons employed in such factory or canning establishment, distinguishing the sexes;

(c.) The number of cases of lobsters packed during the twelve months which ended on the 31st day of March previous; and

"(.) Such other details and particulars as are required by the Minister,

shall be liable to a penalty not exceeding 400 dollars and costs." 12. Section 92 of the said Act is repealed and the following is substituted therefor ::

"92. All vessels, boats, canoes, rafts, vehicles of any description, nets, fishing gear, materials, implements, or appliances used in violation of this Act or any regulation made under it, or of any international regulation, and any fish or other marine animal taken, caught, killed, conveyed, bought, sold, or had in possession in violation of this Act or any regulation under it, or of any international regulation, and all other fish, shell-fish, or marine animal otherwise legally taken, caught, killed, conveyed, bought, sold, or had in possession, and of whatever size and description, which are intermixed therewith, shall be confiscated to His Majesty, and may be seized and confiscated, on view, by any fishery oflicer, or taken and removed by any person for delivery to any fishery oflicer or Justice of the Peace."

13. Section 94 of the said Act is repealed and the following is substituted therefor :

94. Except as herein otherwise provided, every one who violates any provision of this Act, or any regulation made under

Amended by 1 & 2 Geo. V, c. 9 (1911), page 382.

it, shall be liable to a penalty of not more than 1,000 dollars, and, in default of payment, to imprisonment for a term not exceeding three months; and any fishery officer or Justice of the Peace may grant a warrant of distress for the amount of such penalty and costs."

14. The Governor in Council may, by Proclamation, bring into force the International Regulations prepared by the International Fisheries Commission appointed under the Treaty signed at Washington on the 11th day of April, 1908, between Great Britain and the United States concerning the fisheries in waters contiguous to Canada and the United States.*

2. The Governor in Council may make Regulations to secure the due enforcement of the International Regulations, and may prescribe penalties for the violation of such Regulations or of the International Regulations; but no such penalty shall exceed the sum of 1,000 dollars and costs, or, in default of payment, imprisonment for a term not exceeding six months, or, in the case of a continuous offence, the sum of 20 dollars and costs for each day the offence continues.

3. The International Regulations and all Proclamations and Regulations issued or made under this section shall be published in the "Canada Gazette," and shall also be laid before both Houses of Parliament within ten days after the publication thereof if Parliament is then sitting, and, if Parliament is not then sitting, then within ten days after the next meeting thereof.

ACT of the Government of Canada respecting Immigration.† [9 & 10 Edw. VII, c. 27.] [Assented to May 4, 1910.]

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :—

Short Title.

1. This Act may be cited as "The Immigration Act."

Interpretation.

2. In this Act, and in all Orders in Council, Proclamations, and Regulations made thereunder, unless the context otherwise requires,

(a.) "Minister" means the Minister of the Interior;

(b.) "Officer

means any person appointed under this Act for any of the purposes of this Act, and any officer of Customs,

* Vol. CI, page 224.

† Amended by Act 1 & 2 Geo. V, c. 12 (1911), page 384.

and includes the Superintendent of Immigration, Immigration Commissioners and Inspectors, and every person recognized by the Minister as an immigration agent or officer with reference to anything done or to be done under this Act, whether within or outside of Canada, and whether with or without formal appointment;

(c.) "Immigration officer in charge" or "officer in charge" means the immigration officer or medical officer, or other person in immedate charge or control at a port of entry for the purposes of this Act;

(d.)* "Domicile" means the place in which a person has his present home, or in which he resides, or to which he returns as his place of present permanent abode, and not for a mere special or temporary purpose. Canadian domicile is acquired for the purposes of this Act by a person having his domicile for at least three years in Canada after having been landed therein within the meaning of this Act: Provided that the time spent by a person in any penitentiary, gaol, reformatory, prison, or asylum for the insane in Canada shall not be counted in the three-year period of residence in Canada which is necessary in order to acquire Canadian domicile. Canadian domicile is lost, for the purposes of this Act, by a person voluntarily residing out of Canada, not for a mere special or temporary purpose, but with the present intention of making his permanent home out of Canada unless and until something which is unexpected or the happening of which is uncertain shall occur to induce him to return to Canada;

(e.) "Alien" means a person who is not a British subject; (f.) "Canadian citizen" means—

(i.) A person born in Canada who has not become an alien; (ii.) A British subject who has Canadian domicile; or, (iii.) A person naturalized under the laws of Canada who has not subsequently become an alien or lost Canadian domicile :

Provided that for the purpose of this Act a woman who has not been landed in Canada shall not be held to have acquired Canadian citizenship by virtue of her husband being a Canadian citizen; neither shall a child who has not been landed in Canada be held to have acquired Canadian citizenship through its father or mother being a Canadian citizen;

(9.) "Immigrant" means a person who enters Canada with the intention of acquiring Canadian domicile; and for the purposes of this Act every person entering Canada shall be presumed to be an immigrant unless belonging to one of the following classes of persons, hereinafter called "non-immigrant classes":

(i.) Canadian citizens, and persons who have Canadian domicile;

(ii.) Diplomatic and Consular officers, and all accredited representatives and officials of British or foreign Governments,

Amended by Act 1 & 2 Geo. V, c. 12 (1911), page 384.

their suites, families, and guests coming to Canada to reside, or to discharge any official duty, or to pass through in transit;

(iii.) Officers and men, with their wives and families, belonging to or connected with His Majesty's regular naval and military forces;

(iv.) Tourists and travellers merely passing through Canada to another country;

(v.) Students entering Canada for the purpose of attendance, and while in actual attendance, at any university or college authorized by Statute or Charter to confer degrees, or at any high school or collegiate institute recognized as such for the purpose of this Act by the Minister;

(vi.) Members of dramatic, musical, artistic, athletic, or spectacular organizations entering Canada temporarily for the purpose of giving public performances or exhibitions of an entertaining or instructive nature; and actors, artists, lecturers, musicians, priests and ministers of religion, professors of colleges or other educational institutions, and commercial travellers, entering Canada for the temporary exercise of their respective callings;

:

(vii.) Holders of a permit to enter Canada, in force for the time being, in Form (A) of Schedule I to this Act, signed by the Minister or by some person duly authorized Provided that whenever, in the opinion of the Minister or Superintendent of Immigration, or Board of Inquiry, or officer acting as such, any person has been improperly included in any of the non-immigrant classes, or has ceased to belong to any of such classes, such person shall thereupon be considered an immigrant within the meaning of this Act, and subject to all the provisions of this Act respecting immigrants seeking to enter Canada;

(h.) "Family" includes father and mother and children under 18 years of age;

(i.) "Head of family" means the father, mother, son, daughter, brother, or sister upon whom the other members of the family are mainly dependent for support;

(j.) "Passenger" means a person lawfully on board any ship, vessel, railway train, vehicle, or other contrivance for travel or transport, and also includes any person riding, walking, or otherwise travelling across any international bridge or highway; but shall not be held to include the master or other person in control or command of such vessel, ship, railway train, vehicle, bridge, highway, or other contrivance for travel or transport, or any member of the crew or staff thereof; or military or naval forces and their families who are carried at the expense of the Government of the United Kingdom or the Government of any British Dominion cr Colony: Provided that any member of the crew of a ship or of the staff of a railway train, or other contrivance for travel or transport, who deserts or is discharged in Canada from his ship or railway train, or other contrivance for travel or transport, shall thereupon be considered a passenger within the meaning of this Act;