| Annual report
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36. (1) A retired judge appointed under
subsection 34(1) shall submit an annual report
every year, on or before September 30, to the
Solicitor General of Canada on the judge's
activities for the preceding fiscal year.
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| Tabling in
Parliament
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(2) After receiving the report, the Solicitor
General shall cause the report to be laid before
each House of Parliament within the next 15
days the House is sitting.
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| Declaration
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37. (1) After considering the report made by
the Review Committee under section 33, the
Governor in Council may declare that there
are reasonable grounds to believe that the
person who is the subject of the report has
engaged or will engage in an activity
mentioned in paragraph 33(2)(a) or (b).
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| Effect
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(2) The Minister is, on the making of a
declaration by the Governor in Council,
deemed to reject any application for the grant
or resumption of citizenship or for a certificate
of renunciation made by the person who is the
subject of the declaration.
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| Informing
person on
making
declaration
|
(3) If the Governor in Council makes a
declaration under subsection (1), the Minister
shall inform the person who is the subject of
the declaration that the declaration has been
made and advise them of their right to apply
for judicial review under section 18.1 of the
Federal Court Act.
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| Effective
period
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(4) A declaration is effective for the period
specified in it, which may not exceed five
years.
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| Ineligibility
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38. Despite anything in this Act, other than
sections 15, 16 and 23, no person shall be
granted citizenship or take the oath of
citizenship, if the person
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(a) is, under any enactment in force in
Canada, subject to a probation order, on
parole, or confined in any penitentiary, jail,
reformatory or prison;
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(b) is charged with, on trial for, or subject to
or a party to an appeal or a review relating
to an offence under this Act or an indictable
offence under any other Act of Parliament;
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(c) is charged with, on trial for, or subject to
or a party to an appeal or review relating to,
an offence outside Canada that, if
committed in Canada, would constitute an
indictable offence under any Act of
Parliament;
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(d) during the period beginning three years
before the day on which the person applies
for citizenship and ending on the day on
which the person would otherwise be
granted citizenship or take the oath of
citizenship, has been convicted of an
offence referred to in paragraph (b) or (c),
whether or not, in the case of an offence
outside Canada, the person has been
pardoned or otherwise granted amnesty by
a foreign authority in respect of the offence;
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(e) during the period beginning one year
before the day on which the person applied
for citizenship and ending on the day on
which the person would otherwise be
granted citizenship or take the oath of
citizenship, has been convicted of two or
more summary conviction offences under
any other Act of Parliament;
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(f) is under investigation by the Minister of
Justice, the Royal Canadian Mounted
Police or the Canadian Security
Intelligence Service for, or is charged with,
on trial for, or subject to or a party to an
appeal relating to, an act or omission
referred to in subsection 7(3.71) of the
Criminal Code;
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(g) has been convicted of an offence in
respect of an act or omission referred to in
subsection 7(3.71) of the Criminal Code;
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(h) requires the consent referred to in
subsection 55(1) of the Immigration Act to
be admitted to Canada, but has not obtained
that consent;
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(i) has ceased to be a permanent resident or
is subject to, or is a party to, an inquiry
under the Immigration Act that may lead to
their removal from Canada or to the loss of
their status as a permanent resident, and any
rights of appeal or review in relation to the
inquiry are not exhausted;
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(j) during the five years before the day on
which the person applies for citizenship, is
the subject of an order under section 23 or
26 of this Act or under section 10 of the
Citizenship Act, chapter C-29 of the
Revised Statutes of Canada, 1985;
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(k) is the subject of an order under section
32 or a declaration under section 37;
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(l) is the subject of an investigation under
section 15 of the Canadian Security
Intelligence Service Act or of a report under
section 33 of this Act, even during the time
that the Governor in Council is deciding on
whether or not to make a declaration about
the person under section 37; or
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(m) is under a removal order, other than an
order that is of no effect because the person
has subsequently been granted lawful
permission to establish permanent
residence in Canada, or is subject to or a
party to an appeal or a review relating to the
removal order.
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| Examination
for
conformity
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39. (1) On receiving an application under
this Act, the Minister shall, as soon as
practicable, examine it to determine whether
it complies with the provisions of this Act that
apply to it.
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| Information
on
examination
|
(2) If the Minister determines that an
application does not comply with the
provisions of this Act that apply to it, the
Minister shall, without delay, inform the
applicant of that determination and advise
them of their right to apply for judicial review
under section 18.1 of the Federal Court Act.
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| Power to
reverse
decision
|
(3) The Minister may reverse a decision
refusing citizenship or regarding the issuance
of a certificate of citizenship, if there appears
to have been a material defect in the decision.
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| Appointment,
tenure,
removal and
renewal of
office
|
40. (1) The Governor in Council may
appoint a person as a Citizenship Councillor to
hold office, during pleasure, for a term of not
more than five years.
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| Full- or
part-time
|
(2) A Citizenship Councillor may be
appointed to serve full-time or part-time.
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| Remuneration
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(3) Each Citizenship Councillor is entitled
to receive the remuneration that the Governor
in Council fixes.
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| Travel and
living
expenses
|
(4) Each Citizenship Councillor 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
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(a) in the case of a full-time Citizenship
Councillor, the Citizenship Councillor's
ordinary place of work; and
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(b) in the case of a part-time Citizenship
Councillor, the Citizenship Councillor's
ordinary place of residence.
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| Compensation
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(5) A Citizenship Councillor 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.
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| Qualifications
for
appointment
|
(6) To be eligible for appointment as, and to
serve as, a Citizenship Councillor, a person
must be a citizen, have demonstrated an
understanding of the values of good
citizenship and be recognized for their
valuable civic contribution.
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| Duties
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(7) The duties of a Citizenship Councillor
are the following:
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(a) to preside at citizenship ceremonies;
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(b) to promote active citizenship in the
community;
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(c) to provide, on the Minister's request,
advice and recommendations about
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(i) citizenship applications referred to the
Citizenship Councillor,
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(ii) the exercise of the Minister's
discretion, and
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(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
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(d) to give effect to directions of the
Minister.
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| Senior
Citizenship
Councillor
|
41. The Minister may designate a retired
judge of the Federal Court to serve as the
Senior Citizenship Councillor responsible for
the professional conduct of Citizenship
Councillors and the coordination of their
activities.
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| Ceremony
|
42. (1) A person who takes the oath of
citizenship shall take it during a ceremony
before a Citizenship Councillor.
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| 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 Councillor presiding over a
citizenship ceremony shall, subject to the
Minister's directives,
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(a) underline the importance of the
ceremony as a milestone in the life of new
citizens;
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(b) ensure that the oath of citizenship is
taken with dignity and solemnity;
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(c) personally give new citizens their
certificate of citizenship; and
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(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.
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| 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.
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| Certificate of
citizenship
|
43. (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.
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| 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.
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| Surrender of
certificate
|
44. (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.
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| Compliance
with notice
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(2) The person to whom the order relates
shall, without delay after being provided with
the notice, surrender the certificate to the
Minister.
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| Cancellation
of certificate
|
45. (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.
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| Return of
certificate
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(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.
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| Evidence of
declarations
|
46. (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.
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| 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.
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| Definition of
``certificate''
|
47. (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 status.
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| Offences
|
(2) Every person is guilty of an offence who
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(a) for any of the purposes of this Act makes
a false representation, commits fraud or
knowingly conceals any material
circumstance;
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(b) obtains or uses a certificate of another
person in order to personate that other
person;
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(c) knowingly permits their certificate to be
used by another person to personate them;
or
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(d) whether or not for profit, traffics or
offers to traffic in certificates or possesses
any certificate for the purpose of
trafficking.
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| Punishment
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(3) Every person who is guilty of an offence
under subsection (2) is liable
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(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
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(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.
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| 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
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(a) without lawful authority, issues or alters
a certificate;
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(b) counterfeits a certificate; or
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(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.
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| 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.
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| Offences
respecting
citizenship
officials
|
48. (1) Every person is guilty of an offence
who
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(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;
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(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;
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(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;
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(d) not being a citizenship official,
personates or holds themselves 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
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(e) obstructs or impedes a citizenship
official in the performance of that official's
duties under this Act.
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| Punishment
|
(2) Every person who is guilty of an offence
under subsection (1) is liable
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(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
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(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.
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| Where
offence is
committed
outside
Canada
|
49. (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.
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| 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.
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| Limitation
period
|
50. (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.
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