BILL C-16 - First Reading

	Delegation of Minister's Powers
Delegation of authority	44. (1) Anything that is required to be done or that may be done by the Minister under this Act or the regulations may be done on behalf of the Minister by any person that the Minister, in writing, authorizes to act on the Minister's behalf, without proof of the authenticity of the authorization.
Registrar	(2) The Minister may designate any officer or employee of the department over which the Minister presides to act as Registrar of Canadian Citizenship for the purposes of this Act.
Limitation	(3) Only a citizen may act as Registrar of Canadian Citizenship or determine a person's status as a citizen or a person's entitlement to obtain, retain, renounce or resume citizenship under this Act.
	Disclosure
New citizen's name	45. The name of a new citizen may, unless the new citizen objects, be disclosed by the Minister to the Speakers of the Senate and the House of Commons for use by a member of Parliament, in whose electoral division, constituency or geographic region the new citizen resides, to congratulate the new citizen on acquiring their citizenship.
	Documentary requirements
Forms	46. (1) The Minister may prescribe the form of applications, certificates and other documents required for the purposes of this Act.
Applications and notices	(2) The Minister may prescribe the manner and place in which applications are to be made or notices are to be given under this Act.
	PART 6
	STATUS OF CERTAIN PERSONS IN CANADA
	Status
Citizen of the Common- wealth	47. (1) Every person who, under an enactment of a Commonwealth country other than Canada, is a citizen or national of that country has in Canada the status of a citizen of the Commonwealth.
Citizen of Ireland	(2) Any law or regulation of Canada, unless it provides otherwise, has the same effect in relation to a citizen of Ireland who is not a citizen of the Commonwealth as it has in relation to a citizen of the Commonwealth.
British subject	48. For the purposes of an enactment in force in Canada on and after the coming into force of this section that refers to the status of British subject, the reference to that status is to be regarded as a reference to the status of Canadian citizen or citizen of the Commonwealth or both, as the intent of the provision may require.
	Property and Legal Rights
Rights	49. Subject to section 50,
	(a) real or immovable property and personal or movable property of every description may be taken, acquired, held and disposed of by a person who is not a citizen in the same manner and in all of the same respects as by a citizen; and
	(b) title to real or immovable property or personal or movable property of every description may be derived through, from or in succession to a person who is not a citizen in the same manner and in all of the same respects as though through, from or in succession to a citizen.
Authority to prohibit or restrict acquisitions of property in a province by non-Canadian s	50. (1) The Lieutenant Governor in Council of a province or any other person or authority in a province that the Lieutenant Governor in Council designates may prohibit, annul or in any manner restrict the taking or acquisition directly or indirectly of, or the succession to, any interest in real or immovable property located in the province by persons who are not citizens or by corporations or associations that are effectively controlled by persons who are not citizens.
Regulations	(2) The Lieutenant Governor in Council of a province may make regulations that apply in the province for the purposes of
	(a) determining transactions that constitute a direct or an indirect taking or acquisition of an interest in real or immovable property located in the province;
	(b) defining ``corporations or associations that are effectively controlled by persons who are not citizens''; and
	(c) defining ``association''.
Restriction	(3) Subsections (1) and (2) do not authorize or permit the Lieutenant Governor in Council of a province or any other person or authority in a province that the Lieutenant Governor in Council designates to make any decision or take any action that
	(a) prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real or immovable property located in the province by a permanent resident;
	(b) conflicts with any legal obligation of Canada under any international law, custom or agreement;
	(c) discriminates between persons who are not citizens on the basis of their nationalities, except insofar as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement;
	(d) hinders any foreign state in taking or acquiring real or immovable property in the province for diplomatic or consular purposes; or
	(e) prohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real or immovable property located in a province by any person in the course or as a result of an investment that the Minister is satisfied or is, under the Investment Canada Act, deemed to be satisfied as likely to be of net benefit to Canada.
Offences and punishment	51. (1) Every person who fails to comply with a prohibition, annulment or restriction under subsection 50(1) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for not more than one year, or to both.
Officers, directors or agents of corporations	(2) If a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
Application of sections 50 and 51	52. Sections 50 and 51 apply in any province on and after a day or days that the Governor in Council, by order, fixes.
Disabilities of sections 49 and 50	53. Sections 49 and 50 do not operate so as to
	(a) qualify any person for any office or for any municipal, parliamentary or other franchise;
	(b) qualify any person to be the owner of a Canadian ship;
	(c) qualify any person to take, acquire, hold or dispose of any property that by or under any Act of Parliament may be taken, acquired, held or disposed of only by citizens;
	(d) entitle any person to any right or privilege as a citizen except the rights and privileges in relation to property that are under this Act expressly given to the person; or
	(e) affect any estate or interest in real or immovable property or personal or movable property to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883 or any devolution by law on the death of a person dying before that date.
Trials of non-citizens	54. A person who is not a citizen is triable at law in the same manner as if the person were a citizen.
	PART 7
	TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, CONDITIONAL AMENDMENT, REPEAL AND COMING INTO FORCE
	Transitional Provisions
Pending applications	55. (1) Proceedings in relation to an application made under the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985, pending on the day on which section 72 of this Act comes into force must be dealt with under this Act.
Exception	(2) Despite subsection (1), if a citizenship judge under the Act referred to in that subsection is seized of the application, it is continued under that Act, with the modification that sections 21 to 27 of this Act and the provisions relating to the oath of citizenship apply to it.
Continuing jurisdiction	(3) A citizenship judge referred to in subsection (2) continues to hold office in relation to an application referred to in that subsection and has, in relation to the application, all the powers that the judge had before the day on which section 72 comes into force, with the modifications referred to in that subsection.
Examination by Minister	(4) The Minister shall examine any application made under the Act referred to in subsection (1) before the day on which section 72 of this Act comes into force that had not been referred to a citizenship judge before that day.
Citizenship judge deemed Citizenship Commissioner	56. A citizenship judge under the Act referred to in section 72, immediately before the day on which that section comes into force, is deemed, on that day, to become a Citizenship Commissioner appointed under subsection 31(1) for a term that ends on the day that the judge's term under that Act would have ended had section 72 not come into force.
Grant of citizenship in certain cases	57. (1) On application, the Minister shall grant citizenship to a person who has never acquired citizenship and who was
	(a) born outside Canada, in the period beginning on January 1, 1947 and ending on February 14, 1977, of a parent having citizenship; or
	(b) adopted, in the period beginning on January 1, 1947 and ending on February 14, 1977, by a citizen as a minor child and whose adoption satisfied the conditions mentioned in paragraphs 8(a) to (d).
Grant of citizenship in certain cases	(2) On application, the Minister may grant citizenship to a person born outside Canada of a parent who has been granted citizenship under subsection (1) or under paragraph 5(2)(b) of the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985, if that person establishes a substantial connection with Canada.
Grant of citizenship in certain cases	(3) On application, the Minister may grant citizenship to a person born outside Canada of a parent who has been granted citizenship under subsection (2) if that person establishes a substantial connection with Canada.
Form of application	(4) An application must be made in the form prescribed under subsection 46(1).
Repeal	(5) This section is repealed three years after the day on which it comes into force and, for greater certainty, a person who fails to make an application prior to that repeal is not entitled, after the repeal, to assert any right or privilege that could have been asserted under this section prior to the repeal.
	Consequential Amendments
R.S., c. C-23	Canadian Security Intelligence Service Act
	58. *Subparagraph 38(c)(ii) of the Canadian Security Intelligence Service Act* is replaced by the following:**
	(ii) reports made to the Committee pursuant to subsection 23(2) of the Citizenship of Canada Act or sections 39 and 81 of the Immigration Act, and
	59. Paragraphs 55(a) and (b) of the Act are replaced by the following:
	(a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act, subsection 23(5) of the Citizenship of Canada Act or subsection 39(6) or 81(5) of the Immigration Act; or
	(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act, subsection 23(6) of the Citizenship of Canada Act or subsection 39(10) or 81(8) of the Immigration Act.
R.S., c. C-46	Criminal Code
	60. *Subsection 58(2) of the Criminal Code* is replaced by the following:**
Definitions	(2) In this section, ``certificate of citizenship'' and ``certificate of naturalization'' have the meaning assigned to those expressions by subsection 2(1) of the Citizenship of Canada Act.
R.S., c. E-2	Canada Elections Act
1993, c. 19, s. 34(5)	61. *Paragraph 77(1)(i) of the Canada Elections Act* is replaced by the following:**
	(i) every judge appointed by the Governor in Council;
R.S., c. F-7	Federal Court Act
	62. *Section 21 of the Federal Court Act* is repealed.**
R.S., c. I-2	Immigration Act
	63. *(1) The definition ``Canadian citizen'' in subsection 2(1) of the Immigration Act* is replaced by the following:**
``Canadian citizen'' « citoyen canadien »	``Canadian citizen'' means a person who is a citizen within the meaning of the Citizenship of Canada Act ;
1992, c. 49, s. 1(6)	(2) The portion of the definition ``permanent resident'' in subsection 2(1) of the Act after paragraph (c) is replaced by the following:
	and includes a person who has become a Canadian citizen but who has subsequently lost their Canadian citizenship under section 16 of the Citizenship of Canada Act , without reference to subsection 16(3) of that Act and a person who, having been a permanent resident, is the subject of an order under subsection 18(1) of that Act;
1992, c. 49, s. 16(8)	64. Paragraph 27(2)(i) of the Act is replaced by the following:
	(i) loses their Canadian citizenship under section 16 of the Citizenship of Canada Act in the circumstances described in subsection 16(3) of that Act;
	65. Subsection 41(2) of the Act is replaced by the following:
Application for certificate of citizenship	(2) If an inquiry in respect of a person is adjourned under subsection (1), that person's claim to be a Canadian citizen shall be referred to the member of the Queen's Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Citizenship of Canada Act , and that person shall, without delay , make an application for a certificate of citizenship under subsection 35(1) of that Act.
	66. (1) Subsection 42(1) of the Act is replaced by the following:
If certificate of citizenship issued	42. (1) If a certificate of citizenship is issued under subsection 35(1) of the Citizenship of Canada Act to a person who is the subject of an inquiry, the adjudicator who was presiding at the inquiry or any other adjudicator shall terminate the inquiry and let that person come into or remain in Canada, as the case may be.
	(2) Paragraphs 42(2)(a) and (b) of the English version of the Act are replaced by the following:
	(a) the person who was the subject of the inquiry does not, without delay , make an application for a certificate of citizenship under subsection 35(1) of the Citizenship of Canada Act ;
	(b) a certificate of citizenship is not issued under subsection 35(1) of the Citizenship of Canada Act to that person within six months from the day on which the inquiry was adjourned or within any greater period that the adjudicator considers appropriate in the circumstances; or
R.S., c. P-36	Public Service Superannuation Act
	*67. Part II of Schedule I to the Public Service Superannuation Act* is amended by striking out the following:**
	A citizenship judge appointed by the Governor in Council pursuant to the Citizenship Act
	Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté
	68. Part II of Schedule I to the Act is amended by adding, in alphabetical order, the following: