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2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-84 |
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An Act to amend the Citizenship Act and the
Immigration Act
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| R.S., c. C-29;
R.S., c. 28 (1st
Supp.), cc. 30,
44 (3rd
Supp.), c. 28
(4th Supp.);
1992, cc. 1,
21, 47, 49;
1993, c. 28;
1995, cc. 5,
15
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CITIZENSHIP ACT
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1. (1) SUBSECTION 19(1) OF THE CITIZENSHIP
ACT IS REPLACED BY THE FOLLOWING:
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| DEFINITIONS
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19. (1) IN THIS SECTION AND SECTIONS 19.1,
19.2 AND 20, ``REVIEW COMMITTEE'' AND
``THREATS TO THE SECURITY OF CANADA'' HAVE THE
SAME MEANINGS AS IN THE CANADIAN SECURITY
INTELLIGENCE SERVICE ACT.
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(2) SECTION 19 OF THE ACT IS AMENDED BY
ADDING THE FOLLOWING AFTER SUBSECTION (4):
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| INVESTIGATION
TO CEASE
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(4.1) IF THE REVIEW COMMITTEE IS OF THE
OPINION THAT IT CANNOT PERFORM ITS DUTIES
DESCRIBED IN SUBSECTIONS (4), (5) AND (6), IT
MUST CEASE ITS INVESTIGATION AND GIVE NOTICE TO
THE MINISTER AND THE PERSON REFERRED TO IN
SUBSECTION (2).
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2. THE ACT IS AMENDED BY ADDING THE
FOLLOWING AFTER SECTION 19:
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| APPOINTMENT
OF A JUDGE
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19.1 (1) THE GOVERNOR IN COUNCIL MAY
APPOINT A RETIRED JUDGE OF A SUPERIOR COURT FOR
A TERM OF THREE TO FIVE YEARS TO PERFORM THE
DUTIES OF THE REVIEW COMMITTEE DESCRIBED IN
SUBSECTIONS 19(4), (5) AND (6).
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| TENURE AND
RE-APPOINT- MENT
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(2) THE APPOINTED PERSON HOLDS OFFICE
DURING GOOD BEHAVIOUR AND MAY BE REMOVED
BY THE GOVERNOR IN COUNCIL AT ANY TIME FOR
CAUSE. THE PERSON IS ELIGIBLE TO BE
RE-APPOINTED.
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| REMUNERATION
AND EXPENSES
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(3) THE APPOINTED PERSON MAY BE PAID SUCH
REMUNERATION AS IS FIXED BY THE GOVERNOR IN
COUNCIL, AND IS ENTITLED TO BE PAID REASONABLE
TRAVEL AND LIVING EXPENSES INCURRED IN THE
COURSE OF THEIR DUTIES UNDER THIS ACT WHILE
ABSENT FROM THEIR ORDINARY PLACE OF RESIDENCE.
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| REFERRAL
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19.2 (1) THE MINISTER MAY REFER TO THE
PERSON APPOINTED UNDER SUBSECTION 19.1(1)
ANY CASE THAT THE REVIEW COMMITTEE HAS
CEASED TO INVESTIGATE UNDER SUBSECTION 19(4.1)
AND, IN THAT CASE, THE MINISTER MUST MAKE A
REPORT DESCRIBED IN SUBSECTION 19(2) TO THE
APPOINTED PERSON AND SEND THE NOTICE
DESCRIBED IN SUBSECTION 19(3).
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| APPLICATION OF
SUBSECTIONS
19(4), (5) AND
(6)
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(2) SUBSECTIONS 19(4), (5) AND (6) APPLY TO
THE APPOINTED PERSON AS IF THAT PERSON WERE THE
REVIEW COMMITTEE.
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3. SUBSECTION 20(1) OF THE ACT IS REPLACED
BY THE FOLLOWING:
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| DECLARATION
BY THE
GOVERNOR IN
COUNCIL IN
MATTERS OF
SECURITY
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20. (1) NOTWITHSTANDING ANYTHING IN THIS
ACT, A PERSON SHALL NOT BE GRANTED CITIZENSHIP
UNDER SECTION 5 OR SUBSECTION 11(1) OR
ADMINISTERED THE OATH OF CITIZENSHIP OR BE
ISSUED A CERTIFICATE OF RENUNCIATION UNDER
SECTION 9 WHERE, AFTER CONSIDERING THE REPORT
MADE UNDER SUBSECTION 19(6) BY THE REVIEW
COMMITTEE OR THE PERSON APPOINTED UNDER
SUBSECTION 19.1(1) , THE GOVERNOR IN COUNCIL
DECLARES THAT THERE ARE REASONABLE GROUNDS TO
BELIEVE THAT THE PERSON WITH RESPECT TO WHOM
THE REPORT WAS MADE WILL ENGAGE IN AN ACTIVITY
DESCRIBED IN PARAGRAPH 19(2)(A) OR (B).
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| R.S., C. I-2;
R.S., C. 31 (1ST
SUPP.), CC. 10,
46 (2ND
SUPP.), C. 30
(3RD SUPP.),
CC. 1, 28, 29,
30 (4TH
SUPP.); 1990,
CC. 8, 16, 17,
38, 44; 1992,
CC. 1, 47, 49,
51; 1993, C.
28; 1994, CC.
26, 31; 1995,
CC. 5, 15;
1996, CC. 8,
11, 16, 19
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IMMIGRATION ACT
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4. (1) SUBSECTION 39(1) OF THE IMMIGRATION
ACT IS REPLACED BY THE FOLLOWING:
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| DEFINITION OF
``REVIEW
COMMITTEE''
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39. (1) IN THIS SECTION AND SECTIONS 39.1,
39.2 AND 40 ``REVIEW COMMITTEE'' HAS THE
SAME MEANING AS IN THE CANADIAN SECURITY
INTELLIGENCE SERVICE ACT.
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(2) SECTION 39 OF THE ACT IS AMENDED BY
ADDING THE FOLLOWING AFTER SUBSECTION (5):
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| INVESTIGATION
TO CEASE
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(5.1) IF THE REVIEW COMMITTEE IS OF THE
OPINION THAT IT CANNOT PERFORM ITS DUTIES
DESCRIBED IN SUBSECTIONS (5) AND (6) TO (10), IT
MUST CEASE ITS INVESTIGATION AND GIVE NOTICE TO
THE MINISTER AND THE PERSON REFERRED TO IN
SUBSECTION (2).
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5. THE ACT IS AMENDED BY ADDING THE
FOLLOWING AFTER SECTION 39:
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| APPOINTMENT
OF A JUDGE
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39.1 (1) THE GOVERNOR IN COUNCIL MAY
APPOINT A RETIRED JUDGE OF A SUPERIOR COURT FOR
A TERM OF THREE TO FIVE YEARS TO PERFORM THE
DUTIES OF THE REVIEW COMMITTEE DESCRIBED IN
SUBSECTIONS 39(5) AND (6) TO (10).
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| TENURE AND
RE-APPOINT- MENT
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(2) THE APPOINTED PERSON HOLDS OFFICE
DURING GOOD BEHAVIOUR AND MAY BE REMOVED
BY THE GOVERNOR IN COUNCIL AT ANY TIME FOR
CAUSE. THE PERSON IS ELIGIBLE TO BE
RE-APPOINTED.
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| REMUNERATION
AND EXPENSES
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(3) THE APPOINTED PERSON MAY BE PAID SUCH
REMUNERATION AS IS FIXED BY THE GOVERNOR IN
COUNCIL, AND IS ENTITLED TO BE PAID REASONABLE
TRAVEL AND LIVING EXPENSES INCURRED IN THE
COURSE OF THEIR DUTIES UNDER THIS ACT WHILE
ABSENT FROM THEIR ORDINARY PLACE OF RESIDENCE.
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| REFERRAL
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39.2 (1) THE MINISTER MAY REFER TO THE
PERSON APPOINTED UNDER SUBSECTION 39.1(1)
ANY CASE THAT THE REVIEW COMMITTEE HAS
CEASED TO INVESTIGATE UNDER SUBSECTION 39(5.1)
AND, IN THAT CASE, THE MINISTER MUST MAKE A
REPORT DESCRIBED IN SUBSECTION 39(2) TO THE
APPOINTED PERSON AND SEND THE NOTICE
DESCRIBED IN SUBSECTION 39(3).
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| APPLICATION OF
SUBSECTIONS
39(5) AND (6)
TO (10)
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(2) SUBSECTIONS 39(5) AND (6) TO (10) APPLY
TO THE APPOINTED PERSON AS IF THAT PERSON WERE
THE REVIEW COMMITTEE.
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| 1992, C. 49, S.
30(1)
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6. SUBSECTION 40(1) OF THE ACT IS REPLACED
BY THE FOLLOWING:
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| SECURITY
CERTIFICATES
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40. (1) WHERE, AFTER CONSIDERING A REPORT
MADE UNDER SUBSECTION 39(9) BY THE REVIEW
COMMITTEE OR THE PERSON APPOINTED UNDER
SUBSECTION 39.1(1) , THE GOVERNOR IN COUNCIL IS
SATISFIED THAT THE PERSON WITH RESPECT TO WHOM
THE REPORT WAS MADE IS A PERSON DESCRIBED IN
PARAGRAPH 19(1)(C.2), SUBPARAGRAPH
19(1)(D)(II), PARAGRAPH 19(1)(E), (F), (G), (K) OR
(L) OR 27(1)(A.1), SUBPARAGRAPH 27(1)(A.3)(II)
OR PARAGRAPH 27(1)(G) OR (H), THE GOVERNOR IN
COUNCIL MAY DIRECT THE MINISTER TO ISSUE A
CERTIFICATE TO THAT EFFECT.
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7. (1) SUBSECTION 81(1) OF THE ACT IS
REPLACED BY THE FOLLOWING:
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| DEFINITION OF
``REVIEW
COMMITTEE''
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81. (1) IN THIS SECTION AND SECTIONS 81.1,
81.2 AND 82, ``REVIEW COMMITTEE'' HAS THE
SAME MEANING AS IN THE CANADIAN SECURITY
INTELLIGENCE SERVICE ACT.
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(2) SECTION 81 OF THE ACT IS AMENDED BY
ADDING THE FOLLOWING AFTER SUBSECTION (4):
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| INVESTIGATION
TO CEASE
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(4.1) IF THE REVIEW COMMITTEE IS OF THE
OPINION THAT IT CANNOT PERFORM ITS DUTIES
DESCRIBED IN SUBSECTIONS (4) AND (5) TO (8), IT
MUST CEASE ITS INVESTIGATION AND GIVE NOTICE TO
THE MINISTER AND THE PERSON REFERRED TO IN
SUBSECTION (2).
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8. THE ACT IS AMENDED BY ADDING THE
FOLLOWING AFTER SECTION 81:
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| APPOINTMENT
OF A JUDGE
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81.1 (1) THE GOVERNOR IN COUNCIL MAY
APPOINT A RETIRED JUDGE OF A SUPERIOR COURT FOR
A TERM OF THREE TO FIVE YEARS TO PERFORM THE
DUTIES OF THE REVIEW COMMITTEE DESCRIBED IN
SUBSECTIONS 81(4) AND (5) TO (8).
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| TENURE AND
RE-APPOINT- MENT
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(2) THE APPOINTED PERSON HOLDS OFFICE
DURING GOOD BEHAVIOUR AND MAY BE REMOVED
BY THE GOVERNOR IN COUNCIL AT ANY TIME FOR
CAUSE. THE PERSON IS ELIGIBLE TO BE
RE-APPOINTED.
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| REMUNERATION
AND EXPENSES
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(3) THE APPOINTED PERSON MAY BE PAID SUCH
REMUNERATION AS IS FIXED BY THE GOVERNOR IN
COUNCIL, AND IS ENTITLED TO BE PAID REASONABLE
TRAVEL AND LIVING EXPENSES INCURRED IN THE
COURSE OF THEIR DUTIES UNDER THIS ACT WHILE
ABSENT FROM THEIR ORDINARY PLACE OF RESIDENCE.
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| REFERRAL
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81.2 (1) THE MINISTER MAY REFER TO THE
PERSON APPOINTED UNDER SUBSECTION 81.1(1)
ANY CASE THAT THE REVIEW COMMITTEE HAS
CEASED TO INVESTIGATE UNDER SUBSECTION 81(4.1)
AND, IN THAT CASE, THE MINISTER MUST MAKE A
REPORT DESCRIBED IN SUBSECTION 81(2) TO THE
APPOINTED PERSON AND SEND THE NOTICE
DESCRIBED IN SUBSECTION 81(3).
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| APPLICATION OF
SUBSECTIONS
81(4) AND (5)
TO (8)
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(2) SUBSECTIONS 81(4) AND (5) TO (8) APPLY TO
THE APPOINTED PERSON AS IF THAT PERSON WERE THE
REVIEW COMMITTEE.
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9. SUBSECTION 82(1) OF THE ACT IS REPLACED
BY THE FOLLOWING:
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| SECURITY
CERTIFICATES
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82. (1) WHERE, AFTER CONSIDERING A REPORT
MADE UNDER SUBSECTION 81(7) BY THE REVIEW
COMMITTEE OR THE PERSON APPOINTED UNDER
SUBSECTION 81.1(1) , THE GOVERNOR IN COUNCIL IS
SATISFIED THAT THE PERSON WITH RESPECT TO WHOM
THE REPORT WAS MADE IS A PERSON REFERRED TO IN
PARAGRAPH 81(2)(A) OR (B), AS THE CASE MAY BE,
THE GOVERNOR IN COUNCIL MAY DIRECT THE
MINISTER TO ISSUE A CERTIFICATE TO THAT EFFECT.
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TRANSITIONAL PROVISIONS |
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| Citizenship
Act
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10. If, before section 1 of this Act comes
into force, a legal proceeding has been
commenced with respect to an investigation
under subsection 19(4) of the Citizenship
Act, a final decision in that proceeding that
the Review Committee must cease its
investigation is deemed to be a decision of
the Review Committee under subsection
19(4.1) of that Act, as enacted by subsection
1(2) of this Act.
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| Immigration
Act
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11. (1) If, before section 4 of this Act
comes into force, a legal proceeding has
been commenced with respect to an
investigation under subsection 39(5) of the
Immigration Act, a final decision in that
proceeding that the Review Committee
must cease its investigation is deemed to be
the decision of the Review Committee
under subsection 39(5.1) of that Act, as
enacted by subsection 4(2) of this Act.
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| Immigration
Act
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(2) If, before section 7 of this Act comes
into force, a legal proceeding has been
commenced with respect to an investigation
under subsection 81(4) of the Immigration
Act, a final decision in that proceeding that
the Review Committee must cease its
investigation is deemed to be the decision of
the Review Committee under subsection
81(4.1) of that Act, as enacted by subsection
7(2) of this Act.
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COMING INTO FORCE |
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| Coming into
force
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12. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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