SUMMARY

This enactment deals with the broad concept of citizenship as it applies to all Canadians. It replaces the existing Citizenship Act, which deals principally with the naturalization process. It states in positive terms the status, rights and obligations of Canadian citizenship, encouraging all citizens to participate fully in the life and growth of the nation. It provides a modern form of oath of loyalty to be taken by new citizens, and allows existing citizens to take the oath to reaffirm their loyalty to Canada if they choose to do so.

A Canadian Citizenship Commission is established with a duty to promote an understanding of the nature of citizenship and respect for its value. The Commission will also advise the Minister of Canadian Heritage and the Minister of Citizenship and Immigration on proposed programs and events that will promote and celebrate Canada and Canadian citizenship.

Citizenship Councillors will be appointed to continue the work of the former citizenship judges. They will preside at citizenship ceremonies, promote citizenship and may advise the Minister on applications for citizenship.

The members of the Commission will be appointed from among those who hold the office of Citizenship Councillor.

The enactment confirms the principal rights of citizens and their responsibilities and sets out the manner in which citizenship is acquired. It provides for the continued acquisition of citizenship at birth for everyone born in Canada. The residency for immigrants and refugees to obtain citizenship will be based on actual presence in Canada.

The distinction made between adopted children and children born abroad of Canadian parents is lessened for the purpose of acquiring citizenship. The right to transmit citizenship to persons born abroad of Canadian parents is limited to the first and second generations.

The enactment continues the authority of the Minister to annul the citizenship of persons who obtained their citizenship by using a false identity or who were subject to prohibitions. It allows the Minister to refuse to grant citizenship on the advice of a Review Committee when national security requires it.

The enactment establishes a new Canadian Citizenship Tribunal that considers whether an application for citizenship should be refused on the basis of public interest. If in such cases the Tribunal so advises, the Governor in Council may refuse to grant citizenship.

The process for dealing with applications for citizenship is administrative rather than judicial.

Prohibitions and offences related to citizenship and its acquisition are established in order to maintain the integrity of Canadian citizenship.

EXPLANATORY NOTES

Canadian Security Intelligence Service Act

Clause 66: The reference to the ``Citizenship Act'' is changed to the ``Code of Canadian Citizenship'' and a cross-reference is amended.

Clause 67: The reference to the ``Citizenship Act'' is changed to the ``Code of Canadian Citizenship'' and cross-references are amended.

Criminal Code

Clause 68: The reference to the ``Citizenship Act'' is changed to the ``Code of Canadian Citizenship'' and a cross-reference to subsection 19(1) is added.

Canada Elections Act

Clause 69: The relevant portion of section 65 reads as follows:

65. The following persons are not eligible to be a candidate:

    . . .

    (f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;

Federal Court Act

Clause 70: Section 21 reads as follows:

21. The Trial Division has exclusive jurisdiction to hear and determine all appeals that may be brought pursuant to subsection 14(5) of the Citizenship Act.

Immigration Act

Clause 71: The definitions ``Canadian citizen'' and ``permanent resident'' in subsection 2(1) read as follows:

``Canadian citizen'' means a person who is a citizen within the meaning of the Citizenship Act;

``permanent resident'' means a person who

    (a) has been granted landing,

    (b) has not become a Canadian citizen, and

    (c) has not ceased to be a permanent resident pursuant to section 24 or 25.1,

and includes a person who has become a Canadian citizen but who has subsequently ceased to be a Canadian citizen under subsection 10(1) of the Citizenship Act, without reference to subsection 10(2) of that Act;

Clause 72: The relevant portion of subsection 27(2) reads as follows:

(2) An immigration officer or a peace officer shall, unless the person has been arrested pursuant to subsection 103(2), forward a written report to the Deputy Minister setting out the details of any information in the possession of the immigration officer or peace officer indicating that a person in Canada, other than a Canadian citizen or permanent resident, is a person who

    . . .

    (i) ceased to be a Canadian citizen pursuant to subsection 10(1) of the Citizenship Act in the circumstances described in subsection 10(2) of that Act;

Clause 73: Subsection 41(2) reads as follows:

(2) Where an inquiry in respect of a person is adjourned pursuant to subsection (1), that persons claim that he is a Canadian citizen shall be referred to such member of the Queens Privy Council for Canada as is designated by the Governnor in Council as the Minister for the purposes of the Citizenship Act and that person shall forthwith make an application for a certificate of citizenship pursuant to subsection 12(1) of that Act.

Clause 74: (1) Subsection 42(1) reads as follows:

42. (1) Where a certificate of citizenship is issued under section 12 of the Citizenship 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) The relevant portion of subsection 42(2) reads as follows:

(2) An inquiry that was adjourned pursuant to subsection 41(1) shall be resumed as soon as reasonably practicable, by the adjudicator who was presiding at the inquiry or by any other adjudicator, where

    (a) the person who was the subject of the inquiry does not forthwith make an application for a certificate of citizenship pursuant to subsection 12(1) of the Citizenship Act;

    (b) a certificate of citizenship is not issued under section 12 of the Citizenship Act to that person within six months from the day on which the inquiry was adjourned or within such greater period of time as the adjudicator considers appropriate in the circumstances; or