Order in Council P.C. 858, February 9, 1945

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Order in Council P.C. 858, February 9, 1945
Source: Taylor v. Canada (Minister of Citizenship and Immigration), quoted at pp. 12-13

Whereas the Minister of Mines and Resources, with the concurrence of the Secretary of State for External Affairs, and with the approval of the Cabinet War Committee, reports that it is desirable to facilitate entry into Canada of dependents of members of the Canadian Armed Forces and, where the said members are Canadian citizens or have Canadian domicile, to provide such dependents with the same status; and

That the medical examination overseas of dependents of members of the Canadian Armed Forces establishes, in some instances, that the person examined is not admissible to Canada under the provisions of the immigration laws of Canada.

Now, therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Mines and Resources, with the concurrence and approval aforesaid, and under the authority of the War Measures Act, Chapter 206 of the Revised Statutes of Canada, 1927, and notwithstanding any other law of Canada relating to immigration, is pleased to make and doth hereby make the following Order:

1. In this Order, unless the context otherwise requires:

(a) “dependent” means the wife, the widow or child under eighteen years of age of a member or former member of the Canadian Armed Forces who is serving or who has served outside of Canada in the present war;
(b) “approved medical practitioner” means a doctor of medicine approved by the Immigration Medical Service of the Department of National Health and Welfare.

2. Every dependent applying for admission to Canada shall be permitted to enter Canada and upon such admission shall be deemed to have landed within the meaning of Canadian immigration law.

3. Every dependent who is permitted to enter Canada pursuant to section two of this Order shall for the purpose of Canadian immigration law be deemed to be a Canadian citizen if the member of the forces upon whom he is dependent is a Canadian citizen and shall be deemed to have Canadian domicile if the said member has Canadian domicile.

4. Before proceeding to Canada the dependent shall be examined by a medical officer in the service of the Government of Canada or an approved medical practitioner and on request the Chief Officer of the Medical Immigration Service shall be furnished with full particulars of the medical examination of the dependent and such particulars may be transmitted to the Public Health Service of the Province to which the dependent is destined, with a view to securing necessary treatment and as a protection to public health.

5. In any case in which medical examination discloses that a dependent is suffering from an infectious or contagious disease, or a disease which may become dangerous to the public health, or that travel would be dangerous to the dependent in his present condition, the admission to Canada of such dependent may be deferred until the production of a medical certificate from an approved medical practitioner establishing that the condition of the person concerned is not infectious or contagious and that he may travel with reasonable safety.

6. In any case in which a medical certificate is furnished by an approved medical practitioner who is not in the service of the Government of Canada, the cost shall be paid at the approved rate by the Immigration Branch, Department of Mines and Resources, out of the War Appropriation.

7. Order in Council P.C. 7318 of the twenty-first day of September, 1944, is hereby revoked.

8. The provisions of this Order in Council shall only apply to dependents on whose behalf application for free transportation to Canada has been filed on or before October 15, 1946, and who embark for Canada on or before June 30, 1947, in accordance with the provisions of P.C. 4044 of the 26th day of September, 1946.

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