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Exchange of Notes between Canada and India amending the Agreement of January 26, 1951 concerning the Entry to Canada for Permanent Residence of Citizens of India [1957] CATSer 9 (3 May 1957)

E101451 - CTS 1957 No. 11

EXCHANGE OF NOTES BETWEEN CANADA AND INDIA AMENDING THE AGREEMENT OF JANUARY 26, 1951 CONCERNING THE ENTRY TO CANADA FOR PERMANENT RESIDENCE OF CITIZENS OF INDIA

I

The High Commissioner for Canada to India to the Prime Minister and Minister for External Affairs of India

NEW DELHI, 3rd May, 1957

Shri Jawaharlal Nehru,
The Prime Minister
and Minister for External Affairs,
New Delhi

Sir,

I have the honour to refer to the Exchange of Notes of January 26, 1951, between the Government of Canada and the Government of India which constituted an Agreement regarding the entry to Canada for permanent residence of citizens of India and, pursuant to recent discussions on the subject, to suggest the revocation of sub-paragraphs (1), (2), (3) and (4) of paragraph 1 of the said Agreement and the substitution therefor of the following:

(1) In the twelve month period commencing on the 1st day of January, 1957, and in each succeeding twelve month period thereafter, the admission to Canada for permanent residence of three hundred citizens of India, of both sexes and all ages, shall be authorized provided the immigrants comply with the provisions of the Canadian Immigration Act. Of these three hundred immigrants, one hundred and fifty will be preference-quota immigrants.

(2) Any resident of Canada, whether or not he is a citizen of Canada, may support an application for admission to Canada as an immigrant of any citizen of India who is a resident of India and is his relative.

(3) Out of these applicants, those who are "close relatives" of Canadian citizens will be admissible to Canada as non-quota immigrants.

(4) Other relatives of Canadian citizens, and all relatives of residents in Canada other than citizens, will be admissible as "preference-quota immigrants."

(5) A "relative" means the husband, wife, son, daughter, brother, sister (or the husband, wife or unmarried child under twenty-one years of any such son, daughter, brother, or sister), father, mother, grand-parent, unmarried orphan nephew or niece under twenty-one years of age, fiancé or fiancée. A "close relative" means the husband, wife, unmarried child under twenty-one years of age, father over sixty-five years of age, or mother over sixty years of age.

(6) The admission to Canada of citizens of India as non-immigrants shall not be affected by the preceding paragraphs.

If the above proposals are acceptable to the Government of India, I have the honour to suggest that this Note and your reply thereto shall constitute a modification, in these respects, of the Agreement between our two Governments which was effected by the Exchange of Notes of January 26, 1951.

I have the honour to be, Sir,

Escott Reid

High Commissioner for Canada

II

The Prime Minister and Minister for External Affairs of India to the High Commissioner for Canada to India

NEW DELHI, 3rd May, 1957

H. E. Mr. Escott Reid,
High Commissioner for Canada,
New Delhi

Sir,

In your Note of May 3, 1957, you informed me that the Government of Canada proposes, subject to the concurrence of the Government of India, to modify the agreement regarding the entry to Canada for permanent residence of citizens of India which was concluded by an Exchange of Notes on January 26, 1951.

I have the honour to inform you that the proposals set forth in your Note are acceptable to the Government of India and I confirm that your Note and this reply constitute a modification of the agreement of January 26, 1951, between our two Governments.

Accept, Sir, the renewed assurances of my highest consideration.

Jawaharlal Nehru

Prime Minister and Minister for External Affairs