Rights and Obligations of Citizens

Rights and obligations

12. All citizens have the same rights, powers, privileges, obligations, duties, responsibilities and status without regard to the manner in which their citizenship was acquired.

PART 2

LOSS OF CITIZENSHIP

General principle

13. A citizen continues to be a citizen unless they lose their citizenship in accordance with this Part.

Automatic loss

14. A person born after February 14, 1977, who acquires citizenship because they were born, outside Canada, of a parent having, at the time of the person's birth, citizenship either as a result of the parent's birth outside Canada after February 14, 1977 or as a result of the registration under prior legislation, after that date, of the parent's birth outside Canada loses citizenship on attaining 28 years of age, unless the person has applied to the Minister to retain citizenship and has resided in Canada for at least 1,095 days during the 6 years before so applying.

Renunciation of citizenship

15. (1) The Minister shall, on application, allow a citizen to renounce their citizenship if the citizen

    (a) is a citizen of a country other than Canada or will become one if the application is accepted;

    (b) is not a minor;

    (c) is not prevented from understanding the significance of renouncing citizenship by reason of having a mental disability; and

    (d) resides outside Canada.

Waiver on compassionat e grounds

(2) If the Minister believes that there are compassionate grounds for doing so, the Minister may waive the requirement of paragraph (1)(c) or (d) with respect to any applicant.

Action leading to revocation

16. (1) The Minister may commence an action in the Federal Court for a declaration that a person has acquired, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.

Effect

(2) A judgment declaring that a person has so acquired, retained, renounced or resumed citizenship has the effect of revoking their citizenship or renunciation of citizenship.

Presumption

(3) For the purposes of this section, a person shall be considered to have acquired or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident by those means and, because of obtaining that status, they subsequently acquired or resumed citizenship.

Declaration of inadmissibilit y

(4) The Minister may, in the originating document that commences an action under subsection (1), request also that the person be declared inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) and subsection 37(1) of the Immigration and Refugee Protection Act.

Removal order

(5) A judgment declaring the person to be so inadmissible is a removal order against the person under the Immigration and Refugee Protection Act that is in force when the judgment is made, without the necessity of holding or continuing an examination or an admissibility hearing.

Procedure

(6) In a proceeding before the court under this section, the court shall

    (a) first hear and decide all matters related to the declaration requested under subsection (1); and

    (b) if it decides to grant the declaration referred to in subsection (2), then hear and decide all matters related to the declaration requested under subsection (4), if applicable, and in this regard

      (i) shall take into account the evidence already admitted - and consider as conclusive any finding of fact already made - in relation to the declaration requested under subsection (1), and

      (ii) with respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base a decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

Definitions

17. (1) The following definitions apply in this section.

``information' '
« renseigneme ntsts»

``information'' means security or criminal intelligence information and information that is obtained in confidence from a source in Canada or from the government of a foreign state, an international organization of states or an institution of either of them.

``judge''
« juge »

``judge'' means a judge of the Federal Court who may hear proceedings in relation to certificates referred under subsection 77(1) of the Immigration and Refugee Protection Act.

Referral of certificate

(2) The Minister and the Solicitor General of Canada may sign and refer to the Federal Court for determination under subsection (5) a certificate stating that, based on information,

    (a) it is their opinion that a person has acquired or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances; and

    (b) the person would, if they were not a citizen, be inadmissible under the Immigration and Refugee Protection Act on security grounds, on grounds of violating human or international rights or on grounds of organized criminality.

Presumption

(3) For the purposes of this section, a person shall be considered to have acquired or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident by those means and, because of obtaining that status, the person subsequently acquired or resumed citizenship.

Judicial consideration

(4) The following provisions govern the determination:

    (a) the judge shall hear the matter;

    (b) the judge shall ensure the confidentiality of the information on which the certificate is based and of any other evidence that may be provided to the judge if, in the judge's opinion, its disclosure would be injurious to national security or to the safety of any person;

    (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;

    (d) the judge shall examine the information and any other evidence in private within seven days after the referral of the certificate for determination;

    (e) on each request of the Minister or the Solicitor General of Canada made at any time during the proceedings, the judge shall hear all or part of the information or evidence in the absence of the person named in the certificate and their counsel if, in the judge's opinion, its disclosure would be injurious to national security or to the safety of any person;

    (f) the information or evidence described in paragraph (e) shall be returned to the Minister and the Solicitor General of Canada and shall not be considered by the judge in making the determination under subsection (5) if the matter is withdrawn, if the judge determines that the information or evidence is not relevant or if the judge determines that it is relevant but should be included in the summary;

    (g) the information or evidence described in paragraph (e) shall not be included in the summary but may be considered by the judge in making the determination under subsection (5) if the judge determines that the information or evidence is relevant but that its disclosure would be injurious to national security or to the safety of any person;

    (h) the judge shall provide the person named in the certificate with a summary of the information or evidence that enables them to be as fully informed as possible of the circumstances giving rise to the certificate, but that does not include anything that in the opinion of the judge would be injurious to national security or to the safety of any person if disclosed;

    (i) the judge shall provide the person named in the certificate with an opportunity to be heard on matters relevant to the determination; and

    (j) the judge may receive into evidence anything that, in the opinion of the judge, is appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.

Determination

(5) The judge shall, on the basis of the information and evidence available, determine

    (a) whether, on the balance of probabilities, the person named in the certificate has acquired or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances; and

    (b) if the judge determines that the person has so acquired or resumed citizenship, whether the certificate is reasonable with respect to the matters referred to in paragraph (2)(b).

Revocation of citizenship

(6) A determination under paragraph (5)(a) that a person has so acquired or resumed citizenship has the effect of revoking the citizenship of the person.

Quashing of certificate

(7) The judge shall quash the certificate if the judge does not make the determination referred to in subsection (6).

Removal order

(8) A determination under paragraph (5)(b) that the certificate is reasonable with respect to the matters referred to in paragraph (2)(a) is a removal order against the person under the Immigration and Refugee Protection Act effective when the determination is made, without the necessity of holding or continuing an examination or an admissibility hearing.

Determination final

(9) A determination under subsection (5) is final and may not be appealed or judicially reviewed.

Annulment order

18. (1) If the Minister is satisfied that a person has, after the coming into force of this section, acquired, retained, renounced or resumed citizenship in contravention of section 28 or by using a false identity, the Minister may, by order, declare that the acquisition, retention, renunciation or resumption of citizenship is void.

Notice of intention

(2) The Minister shall not make an order unless the Minister, at least 30 days before making it, notifies the person who is to be the subject of the order.

Content of notice

(3) The notice must include a summary of the grounds for the proposed order and state that the person may, within 30 days after the day on which it was sent, make written representations to the Minister.

Informing person on annulment

(4) The Minister shall, without delay, inform the person who is the subject of the order that the order has been made and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.

Limitation period

(5) The Minister may not make an order under subsection (1) more than five years after the day on which the citizenship was acquired, after the application under section 14 to retain citizenship was received or after the citizenship was renounced or resumed, as the case may be.

PART 3

RESTORATION OF CITIZENSHIP

Grant to former citizen

19. (1) The Minister shall, on application, grant citizenship to a person who has lost their citizenship - other than because of a revocation order under prior legislation, a revocation under subsection 16(2) or 17(6) or an annulment order under subsection 18(1) - and who

    (a) is a permanent resident; and

    (b) in the two years immediately before applying for citizenship, has resided in Canada as a permanent resident for at least 365 days.

Treated as present in Canada

(2) For the purposes of paragraph (1)(b), a day on which an applicant for citizenship was a permanent resident residing with their spouse or common-law partner who was a citizen engaged, other than as a locally engaged person, for service or employment outside Canada in or with the Canadian Forces or the public service of Canada or of a province is to be treated as a day on which the applicant was physically present in Canada.

Citizenship for certain women

20. A woman who notifies the Minister, in writing, that she elects to become a citizen shall be granted citizenship, effective from the day on which the Minister receives the notice, if the woman

    (a) because of a law in force in Canada at any time before January 1, 1947, had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject; and

    (b) would have been a citizen, if the Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970, had been in force immediately before her marriage or the acquisition by her husband of a foreign nationality.

PART 4

PROHIBITIONS

Principles of a Free and Democratic Society

Report of Minister

21. (1) If the Minister is satisfied that there are reasonable grounds to believe that a person has demonstrated a flagrant and serious disregard for the principles and values underlying a free and democratic society, the Minister may submit a report to the Governor in Council recommending that the person not be granted citizenship or allowed to take the oath of citizenship.

Notice of intention

(2) The Minister shall not submit a report unless the Minister, at least 30 days before submitting it, notifies the person who is to be the subject of the report.

Content of notice

(3) The notice must include a summary of the grounds contained in the report and state that the person may, within 30 days after the day on which the notice was sent, make written representations to the Minister.

Order of the Governor in Council

22. (1) Despite any other provision of this Act, the Governor in Council may, if satisfied that the Minister's report is well-founded, by order, prohibit the granting of citizenship to the person who is the subject of the report or the taking of the oath of citizenship by that person.

Effect

(2) The Minister is, on the making of the order, deemed to reject any application for the grant or resumption of citizenship made by the person who is the subject of the order.

Order final

(3) The order is final and, despite any other Act of Parliament, is not subject to appeal to or review by any court.

Effective period

(4) The order is effective for five years after the day on which it is made.

Conclusive proof

(5) Despite anything in this Act or any other Act of Parliament, the order is conclusive proof of the matters stated in it.