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[An act respecting the importation and employment of aliens] Government of Canada 1906

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An Act respecting the Importation and Employment
of Aliens.
1. This Act may be cited as the Alien Labour Act. Short title.
2. It shall be unlawful for any person, company, partner- Prepayment
ship or corporation, in any manner to prepay the transporta- portation
tion or in any way to assist, encourage or solicit the importa- prohibited.
tion or immigration of any alien or foreigner into Canada,
under contract or agreement, parole or special, express or implied, made previous to the importation or immigration of such
alien or foreigner, to perform labour or service of any kind in
Canada.    60-61 V., c. 11, s. 1.
3. For every violation of any of the provisions of the last Penalty for
preceding section, the person, partnership,  company or cor- *" ^"0^™^™
poration violating it by knowingly assisting, encouraging or tion.
soliciting the immigration or importation   of   any   alien   or
foreigner into Canada to perform labour or service of any kind
under contract or agreement, expressed or implied, parole or
special, with such alien or foreigner, previous to such alien
or foreigner becoming a resident in or a citizen of Canada, shall
forfeit and pay a sum not exceeding one thousand dollars, and
not less than fifty dollars.    1 E. VII., c. 13, s. 1.
4. The sum so forfeited may, with the written consent of Recovery of
any judge of the court in which the action is intended to be Penal*y-
brought, be sued for and recovered as a debt by any person who
first brings his action therefor, in any court of competent jurisdiction in which debts of like amount are now recovered. 1 E.
VII., c. 13, s. 1.
5. Such  sum may  also,  with the written  consent,  to be Recovery on
obtained ex -parte, of the Attorney General,of the province in convktion
which the prosecution is had, or of a judge of a superior or
county court, be recovered Upon summary conviction before
any judge of a county court, being a justice of the peace or
any judge of the sessions of the peace, recorder, police magistrate, or stipendiary magistrate, or any functionary, tribunal
or person invested by the proper legislative authority with
1753 power
K.S., 1906. Chap. 97.
Alien Labour.
power to do alone such acts as are usually required to be done
Application by two or more justices of the peace, and, when recovered,
of penalties, g^ft ^e paid to the Minister of Finance.    1 E. VII., c. 13,
s. 1.
Separate pro-     6. Separate proceedings may be instituted for each alien
eachaUen01"   or foreigner who is a party to such contract or agreement. 1 E.
' * VII., c. 13, s..l.
Certain contracts with
aliens for services void.
Master of
vessel bringing aliens to
■to Act.
7. All contracts or agreements, express or implied, parole
or special, made by and between any person, company, partnership or corporation and any alien or foreigner, to perform
labour or service, or having reference to the performance of
labour or service by any - person in Canada, previous to the
immigration or importation into Canada of the person whose
labour or service is contracted for, shall be void and of no effect.
60-61 V., c. 11, s. 2.
8. The master of any vessel who knowingly brings into
Canada on such vessel and lands or permits to be landed, from
any foreign port or place, any alien, labourer, mechanic or
artisan who, previous to embarkation on such vessel, had entered into contract or agreement, parole or special, express or
implied, to perform labour or service in Canada, shall be
deemed guilty of an indictable offence and, on conviction thereof, shall be punished by a fine of not more than five hundred
dollars for each alien, labourer, mechanic or artisan so brought
or landed, and may also be imprisoned for a term not exceeding six months.    60-61 V., c. 11, s. 4.
9. Nothing in this Act shall be so construed as,—
(a) to prevent any citizen or subject of any foreign eotm-
try, temporarily residing in Canada either in private or
official capacity, from engaging, under contract or otherwise, persons not residents or citizens of Canada, to act
as private secretaries, servants or domestics for such
foreigner temporarily residing in Canada;
(b) to prevent any person, partnership, company or corporation from engaging under contract or agreement,
skilled workmen in foreign countries to perform labour in
Canada in or upon any new industry not at present established in Canada: Provided that skilled labour for that
purpose cannot be otherwise obtained;
(c) applying to professional actors, artists, lecturers or
singers,  or to persons employed strictly  as personal or
;   domestic servants; or,
(d) prohibiting any person from assisting any member of
his family, or any relative, to migrate from any foreign
country to Canada for the purpose of settlement in Canada.
60-61 V., c. 11,,s. 5; IE. VII., c. 13, s. 2.
1»4 lO.
E.S., 1£06. Alien Labour Chap. 97. 3
10." The Attorney General of Canada, in case he shall be Return of
satisfied that an immigrant has been allowed to land in Canada j^X^11*
contrary to the prohibition of this Act, may cause such immigrant, within the period of one year after landing or entry,   .
to be taken into custody and returned to the country whence
he came, at the expense of the owner of the importing vessel, or,
if he entered from an adjoining country, at the expense of the
person, partnership, company or corporation assisting, encouraging or soliciting the  importation  or  immigration  of such
immigrant under contract contrary to the provisions of this Act.
60-61 V, c. 11, s. 6;  IE. VII., c. 13, s. 3.
11. The Minister of Finance may pay to any informer who Share of
furnishes original information that the law has been violated ^former.0
such a share not exceeding fifty per centum of the penalties
recovered as he deems reasonable and just, where it appears
that the recovery was had in consequence of the information
thus furnished.    60-61 V., c. 11, s. 7.
12. It shall be deemed a violation of this Act for any per- What is
son, partnership, company or corporation to assist or encourage Eolation 0f
the importation or immigration of any person who resides in, this Act.
or is a citizen of any foreign country to which this Act applies,
by promise of employment through advertisements printed or
published in such foreign country.
2. Any such person coming to this country in consequence Advertise-
of such an advertisement shall be treated as comina; under a ments
contract as contemplated by this Act, and the penalties by this contracts.
Act imposed shall be applicable in such case:   Provided that
this section shall not apply to skilled labour not obtainable in
Canada, as hereinbefore specified.    1 E. VII., c. 13, s. 4.
13. This Act shall apply only to the importation or immi- Reciprocity
gration of such persons as reside in or are citizens' of such for- of Aet-
eign countries as have enacted and retained in force, or as enact
and retain in force laws or ordinances applying to Canada of
a character similar to this Act.   1 E. VII., c. 13, s. 5.
14. Evidence of any such law or ordinance of a foreign Evidence of
country may be given by the production of a copy thereof pur- forei£n Iaw-
porting to be,—
(a) printed by the government printer or at the government
printing office of such foreign country, or contained in a
volume of laws or ordinances of such country purporting
to be so printed; or,
(b) certified to be true by some officer of state of such foreign country who also certifies that he is the custodian of
the original of such law or ordinance, in which case no
1755 proof
E.S., 1H06. Chap. 97.
Alien Labour.
proof shall be required of the handwriting or official position of the person so certifying.    61 V., c. 2, s. 1.
Powers as to      15. [Nothing in this Act shall affect the exercise of the
mHmgra wu  p0wers 0f fae Government of Canada or of any province in
connection with the promotion of immigration.    1 E. VII.,
c. 13, s. 6.
OTTAWA: Printed by Samuel Edwaed Dawson, Law Printer to the King's
most Excellent Majesty.
175 G
E.S., 1906.


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