| Declaration of
Minister
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(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.
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| Regulations
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51. The Governor in Council may make
regulations
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(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;
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(b) specifying who may make an
application under this Act on behalf of a
minor;
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(i) making applications or notices under
this Act,
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(ii) issuing certificates under this Act,
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(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,
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(iv) taking oaths or making solemn
affirmations or declarations under this
Act or the regulations,
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(v) searching records referred to in
subparagraph (iii) and providing
documents related to those searches, or
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(vi) making changes to the records
referred to in subparagraph (iii);
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(d) providing for the waiver or remission of
fees referred to in paragraph (c);
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(e) providing for criteria to determine
whether a person meets the requirements of
paragraphs 14(2)(c) and (d) and, for that
purpose, authorizing the Minister to set
questions that apply those criteria;
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(f) providing for the factors to be considered
in determining whether the requirements of
section 15 have been met;
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(g) respecting the abandonment and
withdrawal of applications under this Act;
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(h) defining what constitutes a relationship
of parent and child for the purposes of
determining entitlement to citizenship
under any provision of this Act;
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(i) 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;
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(j) prescribing the manner in which a person
who is already a citizen may voluntarily
reaffirm their loyalty by making and
subscribing to the oath in section 2;
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(k) prescribing, for the purposes of any
application referred to in section 39, the
nature of the evidence that is sufficient, the
procedures to follow and the requirements
of time;
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(l) prescribing the powers, duties and
functions of the Registrar of Canadian
Citizenship referred to in subsection 52(2);
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(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;
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(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
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(o) generally, to carry out the purposes and
provisions of this Act.
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| Delegation of
authority
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52. (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.
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| Registrar
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(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.
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| Limitation
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(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.
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| New citizen's
name
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53. 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.
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| Documents
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54. (1) The Minister may prescribe the form
of applications, certificates and other
documents required for the purposes of this
Act.
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| Applications
and notices
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(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.
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| Citizen of the
Commonweal
th
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55. (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.
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| Citizen of
Ireland
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(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.
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| British subject
|
56. 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.
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| Property and
legal rights
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57. Subject to section 58,
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(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
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(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.
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| Authority to
prohibit or
restrict
acquisitions of
property in a
province by
non-Canadian
s
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58. (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.
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| Regulations
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(2) The Lieutenant Governor in Council of
a province may make regulations that apply in
the province for the purposes of
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(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;
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(b) defining ``corporations or associations
that are effectively controlled by persons
who are not citizens''; and
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(c) defining ``association''.
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| Restriction
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(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
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(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;
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(b) conflicts with any legal obligation of
Canada under any international law, custom
or agreement;
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(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;
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(d) hinders any foreign state in taking or
acquiring real or immovable property in the
province for diplomatic or consular
purposes; or
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(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.
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| Offences and
punishment
|
59. (1) Every person who fails to comply
with a prohibition, annulment or restriction
under subsection 58(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.
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| 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.
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| Application of
sections 58
and 59
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60. Sections 58 and 59 apply in any
province on and after a day or days that the
Governor in Council, by order, fixes.
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| Limits on
effect of
sections 57
and 58
|
61. Sections 57 and 58 do not operate so as
to
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(a) qualify any person for any office or for
any municipal, parliamentary or other
franchise;
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(b) qualify any person to be the owner of a
Canadian ship;
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(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;
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(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
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(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.
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| Trials of
non-citizens
|
62. A person who is not a citizen is triable
at law in the same manner as if the person were
a citizen.
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| Pending
applications
|
63. (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 77 of this Act comes into force must
be dealt with under this Act.
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| Exception
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(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 29 to 37 of this
Act and the provisions relating to the oath
of citizenship apply to it.
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| Continuing
jurisdiction
|
(3) A citizenship judge referred to in
subsection (2) continues to hold office as a
citizenship councillor 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 77 comes into force, with
the modifications referred to in that
subsection.
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| 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 77 of this Act comes into force that
had not been referred to a citizenship judge
before that day.
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| Citizenship
judge deemed
Citizenship
Councillor
|
64. A citizenship judge under the Act
referred to in section 77, immediately
before the day on which that section comes
into force, is deemed, on that day, to become
a Citizenship Councillor appointed under
this Act for a term that ends on the day that
the judge's term under that Act would have
ended had section 77 not come into force.
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| Grant of
citizenship in
certain cases
|
65. (1) On application, the Minister shall
grant citizenship to a person who has never
acquired citizenship and who was
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(a) born outside Canada, in the period
beginning on January 1, 1947 and ending
on February 14, 1977, of a parent having
citizenship; or
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(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 15(a) to (d).
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| 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.
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| 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.
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| Form of
application
|
(4) An application must be made in the
form prescribed under subsection 54(1).
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| 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.
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