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| Certificate of
citizenship
|
35. (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
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(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
|
36. (1) The Minister may, by order, require
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 who is the subject of an order
shall, without delay, surrender the certificate
to the Minister.
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| Order not
statutory
instrument
|
(3) An order under subsection (1) is not a
statutory instrument for the purposes of the
Statutory Instruments Act.
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| Cancellation
of certificate
|
37. (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
the prior legislation.
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| Return of
certificate
|
(2) The Minister shall return a certificate to
the 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
|
38. (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 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
appearing 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 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''
|
39. (1) In 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 a person's citizenship.
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| Offences
|
(2) Every person is guilty of an offence who
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(a) in connection with anything under 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 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
|
(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 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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| Offence and
punishment
|
(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
|
40. (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 one, holds themself out to be
one, 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 one; 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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| Offence
committed
outside
Canada
|
41. (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) A proceeding in respect of an offence
under this Act that is alleged to have been
committed outside Canada may be dealt with
by a court having jurisdiction over similar
offences in the place in Canada where the
accused 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
|
42. (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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| Declaration of
Minister
|
(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
|
43. The Governor in Council may make
regulations
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(a) respecting the procedures,
evidence - including medical evidence to
establish parentage - and time
requirements for applications under this
Act;
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(b) respecting the evidence - including
medical evidence to establish
parentage - and time requirements for the
provision of such evidence for the notice
referred to in section 20;
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(c) specifying who may make an
application under this Act on behalf of a
minor;
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(i) making applications 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, 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, and
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(vi) making changes to the records
referred to in subparagraph (iii);
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(e) providing for the waiver or remission of
fees referred to in paragraph (d);
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(f) providing for criteria to determine
whether a person meets the requirements of
paragraphs 7(1)(c) and (d) and, for that
purpose, authorizing the Minister to set
questions that apply those criteria;
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(g) providing for the factors to be
considered in determining whether the
criteria set out in section 9 have been met;
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(h) respecting the abandonment and
withdrawal of applications under this Act;
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(i) 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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(j) prescribing procedures and time
requirements for the purposes of taking the
oath of citizenship and the circumstances in
which the grant of citizenship made to a
person lapses as a result of failure to take the
oath of citizenship;
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(k) prescribing the powers, duties and
functions of the Registrar of Citizenship
referred to in subsection 44(2);
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(l) providing for the number of copies of a
certificate or declaration or other document
made or issued under this Act or any prior
legislation that a person is entitled to have;
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(m) 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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(n) generally, to carry out the purposes and
provisions of this Act.
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|
| Delegation of
authority
|
44. (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
|
(2) The Minister may designate any officer
or employee of the department over which the
Minister presides to act as Registrar of
Citizenship for the purposes of this Act.
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|
| Limitation
|
(3) Only a citizen may act as Registrar of
Citizenship or determine a person's status as
a citizen or a person's entitlement to acquire,
retain, renounce or resume citizenship under
this Act.
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| New citizen's
name
|
45. 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 region or electoral
district the new citizen resides to congratulate
the new citizen on acquiring their citizenship.
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| Forms
|
46. (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
|
(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
|
47. (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
|
(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
|
48. In any enactment that continues in force
in Canada after the coming into force of this
section, a reference to the status of British
subject 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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