BILL C-16 - First Reading

	Citizenship Commissioners
Appointment, tenure, removal and renewal of office	31. (1) The Governor in Council may appoint a person as a Citizenship Commissioner to hold office, during pleasure, for a term of not more than five years.
Full or part-time	(2) A Citizenship Commissioner may be appointed to serve full-time or part-time.
Remunera- tion	(3) Each Citizenship Commissioner is entitled to receive the remuneration that the Governor in Council fixes.
Travel and living expenses	(4) Each Citizenship Commissioner is entitled to be paid any reasonable travel and living expenses that they incur in the course of their duties under this Act while absent from
	(a) in the case of a full-time Citizenship Commissioner, the Citizenship Commissioner's ordinary place of work; and
	(b) in the case of a part-time Citizenship Commissioner, the Citizenship Commissioner's ordinary place of residence.
Compensa- tion	(5) A Citizenship Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.
Qualifica- tions for appointment	(6) To be eligible for appointment as, and to serve as, a Citizenship Commissioner, a person must be a citizen, have demonstrated an understanding of the values of good citizenship and be recognized for their valuable civic contribution.
Duties	(7) The duties of a Citizenship Commissioner are the following:
	(a) to preside at citizenship ceremonies;
	(b) to promote active citizenship in the community;
	(c) to provide, on the Minister's request, advice and recommendations about
	(i) citizenship applications referred to the Citizenship Commissioner,
	(ii) the exercise of the Minister's discretion, and
	(iii) appropriate methods to evaluate citizenship applicants about their knowledge of an official language, of Canada and of the rights and responsibilities of citizenship; and
	(d) to give effect to directions of the Minister.
Senior Citizenship Commissioner	32. The Minister may designate a Citizenship Commissioner to serve as Senior Citizenship Commissioner responsible for the professional conduct of Citizenship Commissioners and the coordination of their activities.
	Ceremony and Oath of Citizenship
Ceremony	33. (1) A person who takes the oath of citizenship shall take it during a ceremony for that purpose.
Purpose and procedures for ceremony	(2) In order to heighten the awareness of new citizens to the responsibilities and privileges associated with citizenship, the Citizenship Commissioner presiding over a citizenship ceremony shall, subject to the Minister's directives,
	(a) underline the importance of the ceremony as a milestone in the life of new citizens;
	(b) ensure that the oath of citizenship is taken with dignity and solemnity;
	(c) personally give new citizens their certificate of citizenship; and
	(d) promote a strong sense of civic pride, including respect for the law, for the exercise of the right to vote and for the participation of citizens in public affairs, and a sense of mutual respect and understanding between Canadians.
Exception - oath taken outside ceremony	(3) The Minister may excuse a person from the requirement of taking the oath during a citizenship ceremony and designate any person to administer the oath and give certificates of citizenship to new citizens under procedures that the Minister fixes.
Oath - schedule	34. The form of the oath of citizenship is set out in the schedule.
	Certificates
Certificate of citizenship	35. (1) The Minister shall, in accordance with the regulations, issue a certificate of citizenship to new citizens and, on application, issue a certificate of citizenship to current citizens.
Certificate of renunciation	(2) The Minister shall issue a certificate of renunciation of citizenship to an applicant whose application is approved. The applicant loses their citizenship at the end of the day on which the certificate is issued or the later day that the Minister specifies in the certificate.
Surrender of certificate	36. (1) The Minister may, by notice in writing, order a person in possession of a certificate issued under this Act or any prior legislation to surrender it to the Minister, if the Minister believes, on reasonable grounds, that the person is not entitled to the certificate or has obtained it in contravention of this Act or any prior legislation.
Compliance with notice	(2) The person to whom the order relates shall, without delay after being provided with the notice, surrender the certificate to the Minister.
Cancellation of certificate	37. (1) The Minister may cancel a certificate issued to a person under this Act or any prior legislation, if the Minister determines that the person is not entitled to it or obtained it in contravention of this Act or prior legislation.
Return of certificate	(2) The Minister shall return a certificate to a person who surrendered it to the Minister if the Minister determines that the person is entitled to it.
Evidence of declarations	38. (1) A declaration made under this Act or any prior legislation may be proved in a legal proceeding by the production of the original declaration or of a copy of it that the Minister certifies to be a true copy. The declaration or copy so produced is conclusive evidence of the matters stated in it and of the declarant's having made the declaration on the date mentioned in it.
Evidence of certificates	(2) A certificate of citizenship, a certificate of naturalization, a certificate of renunciation or another document issued by the Minister that is evidence of the citizenship status of a person in Canada may be proved in a legal proceeding by the production of the original certificate or the other document or of a document that the Minister certifies as containing the same information as the original certificate or other document.
	Offences
Definition of ``certificate''	39. (1) For the purposes of this section, ``certificate'' means a certificate of citizenship, a certificate of naturalization, a certificate of renunciation or another document issued by the Minister as evidence of the person's citizenship.
Offences	(2) Every person is guilty of an offence who
	(a) for any of the purposes of this Act makes a false representation, commits fraud or knowingly conceals any material circumstance;
	(b) obtains or uses a certificate of another person in order to personate that other person;
	(c) knowingly permits their certificate to be used by another person to personate them; or
	(d) whether or not for profit, traffics or offers to traffic in certificates or possesses any certificate for the purpose of trafficking.
Punishment	(3) Every person who is guilty of an offence under subsection (2) is liable
	(a) on conviction on indictment, to a fine of not more than $10,000 or imprisonment for a term of not more than five years, or to both; or
	(b) on summary conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.
Offence	(4) A person is guilty of an indictable offence and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than five years, or to both, if the person
	(a) without lawful authority, issues or alters a certificate;
	(b) counterfeits a certificate; or
	(c) uses, acts on or causes or attempts to cause any person to use or act on a certificate, knowing it to have been unlawfully issued or altered or to have been counterfeited.
General offence	(5) A person who contravenes a provision of this Act or the regulations for which no punishment is provided in the provision or other related provisions is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.
Offences respecting citizenship officials	40. (1) Every person is guilty of an offence who
	(a) being a citizenship official, wilfully makes or issues any false document or statement about a matter relating to their duties under this Act or accepts, agrees to accept or induces or assists any other person to accept any bribe or other benefit concerning a matter relating to their duties under this Act or wilfully fails, in any other manner, to perform their duties under this Act;
	(b) being a citizenship official, contravenes any provision of this Act or the regulations or knowingly induces, aids or abets or attempts to induce, aid or abet any other person to do so;
	(c) gives, offers or promises to give any bribe or consideration of any kind to, or makes any agreement or arrangement with, a citizenship official to induce them in any way not to perform their duties under this Act;
	(d) not being a citizenship official, personates or holds themself out to be, or takes or uses any name, title or description or acts in any other manner that may reasonably lead any person to believe that the person is, a citizenship official; or
	(e) obstructs or impedes a citizenship official in the performance of that official's duties under this Act.
Punishment	(2) Every person who is guilty of an offence under subsection (1) is liable
	(a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than five years, or to both; or
	(b) on summary conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.
Where offence is committed outside Canada	41. (1) An act or omission committed outside Canada that would, if committed in Canada, be an offence under this Act is an offence under this Act.
Jurisdiction	(2) Proceedings related to an offence under this Act that is committed outside Canada may be dealt with by a court having jurisdiction over similar offences in the place in Canada where the person who committed the offence is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.
Limitation period	42. (1) No proceedings in relation to an offence under this Act or the regulations may be instituted by way of summary conviction more than three years after the time when the Minister became aware of the subject-matter of the proceedings.
Declaration of Minister	(2) A written declaration appearing to have been issued by the Minister that certifies the day on which the Minister became aware of the subject-matter of any proceedings is admissible, without proof of the signature or of the official character of the person appearing to have signed it, as evidence of the matters stated in it.
	Regulations
Regulations	43. The Governor in Council may make regulations
	(a) respecting the evidence to be provided for applications and notices under this Act, including medical evidence to establish parentage, and the times when those applications and notices must be made;
	(b) specifying who may make an application under this Act on behalf of a minor;
	(c) fixing fees for
	(i) making applications or notices under this Act,
	(ii) issuing certificates under this Act,
	(iii) providing certified or uncertified copies of documents from the records kept in the course of the administration of this Act or any prior legislation,
	(iv) taking oaths, solemn affirmations or declarations under this Act or the regulations,
	(v) searching records referred to in subparagraph (iii) and providing documents related to those searches, or
	(vi) making changes to the records referred to in subparagraph (iii);
	(d) providing for the waiver or remission of fees referred to in paragraph (c);
	(e) providing for criteria to determine whether a person meets the requirements of paragraphs 6(1)(c) and (d) and, for that purpose, authorizing the Minister to set questions that apply those criteria;
	(f) providing for the factors to be considered in determining whether the requirements of section 8 have been met.
	(g) setting out the rules to be followed in proceedings under section 17 before the Federal Court - Trial Division;
	(h) respecting the abandonment and withdrawal of applications under this Act;
	(i) defining what constitutes a relationship of parent and child for the purposes of determining entitlement to citizenship under any provision of this Act;
	(j) prescribing, in the case of a person who fails to take the oath of citizenship at the date, time and place appointed for that purpose, the maximum grace period by the end of which the person must have taken the oath;
	(k) prescribing, for the purposes of any application referred to in section 29, the nature of the evidence that is sufficient, the procedures to follow and the requirements of time;
	(l) prescribing the powers, duties and functions of the Registrar of Canadian Citizenship referred to in subsection 44(2);
	(m) providing for the number of copies of a certificate or declaration or other documents made or issued under this Act or any prior legislation that a person is entitled to have;
	(n) respecting the sending of notices and other documents under this Act, including the requirements for the proof of their sending and the deeming of dates of their having been sent; and
	(o) generally, to carry out the purposes and provisions of this Act.

Citizenship Commissioners

Ceremony and Oath of Citizenship

Certificates

Offences

Regulations