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National Security |
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Definitions of
``Review
Committee''
and ``threats''
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23. (1) In this section, ``Review
Committee'' and ``threats to the security of
Canada'' have the same meanings as in
section 2 of the Canadian Security
Intelligence Service Act.
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Report to
Review
Committee
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(2) The Minister may report to the Review
Committee about any person who, in the
Minister's opinion, should not be granted
citizenship, be allowed to take the oath of
citizenship or be issued a certificate of
renunciation because there are reasonable
grounds to believe that the person has engaged
or will engage in an activity
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Notice of
report
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(3) The Minister shall, within 10 days after
the report is made, notify the person who is the
subject of the report that the report has been
made and that the Governor in Council may,
following an investigation, make a
declaration about that person under section
27.
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Application of
Canadian
Security
Intelligence
Service Act
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(4) The Review Committee shall
investigate the grounds on which the report is
based and subsections 39(2) and (3) and
sections 43, 44 and 48 to 51 of the Canadian
Security Intelligence Service Act apply, with
any necessary modifications, to the
investigation as if
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Summary
statement
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(5) The Review Committee shall, as soon as
practicable, send to the person who is the
subject of the report a statement summarizing
the information available to the Review
Committee so as to enable that person to be
informed as fully as possible of the
circumstances giving rise to the report, having
regard to whether, in the Review Committee's
opinion, the summarized information can be
disclosed without injury to national security or
to the safety of any persons.
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Report
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(6) On completion of its investigation, the
Review Committee shall report to the
Governor in Council on the investigation and
shall, as soon as practicable, provide the
report's conclusion to the person who is the
subject of the report.
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End of
investigation
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(7) If the Review Committee is of the
opinion that it cannot perform the duties
described in subsections (4) to (6), it shall stop
the investigation and give notice to the
Minister and the person who is the subject of
the report.
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Appointment
of retired
judge
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24. (1) The Governor in Council may
appoint, for a period of three to five years, a
retired judge of a superior court to perform the
duties and have the powers and functions of a
Review Committee referred to in subsections
23(4) to (6). Before the appointment is made,
the Prime Minister of Canada shall consult
with the Leader of the Opposition in the
Senate, the Leader of the Opposition in the
House of Commons and the leader of every
other officially recognized party in that
House.
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Tenure and
renewal
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(2) A retired judge appointed under
subsection (1) holds office during good
behaviour and may be removed for cause by
the Governor in Council. The appointment
may be renewed at the end of its term.
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Remuneration
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(3) A retired judge appointed under
subsection (1) is entitled to receive, for each
day on which the judge performs duties and
exercises functions or powers, the
remuneration that the Governor in Council
fixes.
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Moving and
travel
expenses
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(4) A retired judge appointed under
subsection (1) is entitled to be paid any
moving or travel expenses that they
reasonably incurred to perform those duties
and exercise those functions or powers outside
their place of residence.
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Reference
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25. (1) The Minister may refer a matter that
a Review Committee has stopped
investigating under subsection 23(7) to a
retired judge appointed under subsection
24(1). The Minister shall provide the retired
judge with a copy of the report referred to in
subsection 23(2) and send the notice referred
to in subsection 23(3) to the person who is the
subject of the report.
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Application of
subsections
23(4) to (6)
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(2) Subsections 23(4) to (6) apply to the
retired judge as if the retired judge were the
Review Committee.
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Annual report
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26. (1) A retired judge appointed under
subsection 24(1) shall submit an annual report
every year, on or before September 30, to the
Solicitor General of Canada on their 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 on any of the first 15
days on which that House is sitting.
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Declaration
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27. (1) After considering the report made by
the Review Committee under subsection
23(6), 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
referred to in paragraph 23(2)(a) or (b).
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Effect
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(2) The Minister is, on the making of the
declaration, 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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Declaration
final
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(3) The declaration is final and, despite any
other Act of Parliament, is not subject to
appeal to or review by any court.
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Effective
period
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(4) The declaration is effective for five
years after the day on which it is made.
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Conclusive
proof
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(5) Despite anything in this Act or any other
Act of Parliament, the declaration is
conclusive proof of the matters stated in it.
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Other Prohibitions |
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Ineligibility
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28. Despite anything in this Act, other than
sections 9, 11 and 20, no person shall be
granted citizenship or be allowed to take the
oath of citizenship in any of the following
cases:
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PART 5 |
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ADMINISTRATION AND ENFORCEMENT |
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Examination of Applications |
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Ministerial
examination
for
conformity
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29. (1) On receiving an application under
this Act, the Minister shall, as soon as
practicable, examine it to determine whether
it complies with the applicable provisions of
this Act.
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Information
on
examination
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(2) If the Minister determines that an
application does not comply with the
applicable provisions of this Act, 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 set
aside certain
decisions
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30. The Minister may, on application or on
the Minister's own initiative, if the Minister is
satisfied that there was a material error in
relation to the decision, set aside a decision
refusing citizenship or refusing the issuance of
a certificate of citizenship.
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Citizenship Commissioners |
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Appointment,
tenure and
removal
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31. (1) The Governor in Council may
appoint a person as a Citizenship
Commissioner to hold office, during pleasure,
for a term of not more than five years, which
term may be renewed for one or more further
terms of not more than five years each.
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Full- or
part-time
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(2) A Citizenship Commissioner may be
appointed to serve full-time or part-time.
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Remuneration
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(3) Each Citizenship Commissioner is
entitled to receive the remuneration that the
Governor in Council fixes.
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Travel and
living
expenses
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(4) Each Citizenship Commissioner 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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Compensation
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(5) A Citizenship Commissioner 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
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(6) To be eligible for appointment as, and to
serve as, a Citizenship Commissioner, 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
Commissioner are
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Senior
Citizenship
Commissioner
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32. The Minister may designate a
Citizenship Commissioner to serve as Senior
Citizenship Commissioner responsible for the
professional conduct of Citizenship
Commissioners and the coordination of their
activities.
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Ceremony and Oath of Citizenship |
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Ceremony
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33. (1) A person who takes the oath of
citizenship shall take it during a ceremony for
that purpose.
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Purpose and
procedures for
ceremony
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(2) To promote the integration of new
citizens into Canadian society and to heighten
their awareness of the responsibilities and
privileges of citizenship, the Citizenship
Commissioner presiding over a citizenship
ceremony shall, subject to the Minister's
directives,
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Exception -
oath taken
outside
ceremony
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(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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Oath -
schedule
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34. The form of the oath of citizenship is set
out in the schedule.
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