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| Rights
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49. Subject to section 50,
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(a) 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 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
acquisition of
property in a
province by
non-citizens
|
50. (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 determining
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(a) what transactions 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) what constitutes effective control of a
corporation or association by persons who
are not citizens; and
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(c) what constitutes an 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 the province by any person in the
course of, or as a result of, an investment
that, under the Investment Canada Act, the
Minister responsible for administering that
Act is satisfied, or is deemed to be satisfied,
is likely to be of net benefit to Canada.
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| Offences and
punishment
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51. (1) Every person who fails to comply
with a prohibition, annulment or restriction
under subsection 50(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
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(2) If a corporation commits an offence
under subsection (1), any officer, director,
agent or mandatary 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 50
and 51
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52. Sections 50 and 51 apply in any
province on and after a day or days that the
Governor in Council, by order, fixes.
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| Limitations of
sections 49
and 50
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53. Sections 49 and 50 do not operate so as
to
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(a) qualify any person for any office or give
any person the right to vote in any election;
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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 property,
or, in the Province of Quebec, a real right to
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
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54. 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
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55. (1) Proceedings in relation to an
application made under the Citizenship Act,
chapter C-29 of the Revised Statutes of
Canada, 1985 (in this Part referred to as the
``former Act''), that are pending on the day
on which section 74 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 former Act is seized of the
application, it is continued under that Act,
with the modification that sections 21 to 27
of this Act and the provisions relating to the
oath of citizenship apply to it.
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| Continuing
jurisdiction
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(3) A citizenship judge under the former
Act continues to hold office in relation to an
application referred to in subsection (2) and
has, in relation to the application, all the
powers that the judge had before the day on
which section 74 of this Act comes into
force, with the modifications referred to in
that subsection.
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| Examination
by Minister
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(4) The Minister shall examine any
application made under the former Act
before the day on which section 74 of this
Act comes into force that has not been
referred to a citizenship judge before that
day.
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| Form of oath
under former
Act
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(5) Until section 74 of this Act comes into
force, an oath of citizenship under the
former Act may be administered in either
the form under that Act or the form set out
in the schedule to this Act.
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| Reports under
section 10 of
former Act
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56. (1) All cases in which, immediately
before the coming into force of section 74 of
this Act, the Minister is entitled to make a
report referred to in section 10 of the
former Act, or has made such a report, shall
be dealt with and disposed of in accordance
with the former Act.
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| Proceedings
in which
substantive
evidence
adduced
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(2) All cases in which, immediately before
the coming into force of section 74 of this
Act, there is a proceeding pending before
the Federal Court as a result of a referral
under section 18 of the former Act and in
respect of which substantive evidence has
been adduced but no decision has been
made shall be dealt with and disposed of in
accordance with the former Act.
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| Other
revocation
cases
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(3) Any other proceeding pending,
immediately before the coming into force of
section 74 of this Act, before the Federal
Court as a result of a referral under section
18 of the former Act shall be continued as a
proceeding under subsection 16(1) of this
Act.
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| Other cases
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(4) If, immediately before the coming into
force of section 74 of this Act, a notice has
been given under subsection 18(1) of the
former Act and the case is not provided for
under subsections (1) to (3), the notice is
cancelled and any process arising from the
notice is terminated effective on the coming
into force of section 74 of this Act.
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| Citizenship
judge deemed
Citizenship
Commissioner
|
57. A citizenship judge under the former
Act, immediately before the day on which
section 74 of this Act comes into force, is
deemed, on that day, to become a
Citizenship Commissioner appointed
under subsection 31(1) of this Act for a term
that ends on the day that the judge's term
under that Act would have ended had
section 74 of this Act not come into force.
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| Grant of
citizenship in
certain cases
|
58. (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, after December
31, 1946, and before February 15, 1977,
of a parent having citizenship; or
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(b) adopted, after December 31, 1946,
and before February 15, 1977, while they
were a minor by a citizen and whose
adoption satisfied the criteria set out in
paragraphs 9(1)(a) to (d) of this Act.
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| Grant of
citizenship in
certain cases
|
(2) On application, the Minister may
grant citizenship to a person who
establishes a substantial connection with
Canada and who was
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(a) born outside Canada of a parent who
has been granted citizenship under
subsection (1) or under paragraph 5(2)(b)
of the former Act; or
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(b) adopted by such a parent if
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(i) in the case of a person adopted while
they were a minor, their adoption
satisfied the criteria set out in
paragraphs 9(1)(a) to (d) of this Act,
and
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(ii) in the case of a person adopted
while the person was 18 years of age or
older, their adoption satisfied the
criteria set out in paragraphs 9(1)(b) to
(d) and their relationship satisfied the
criterion set out in paragraph 9(2)(a)
of this Act.
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| Grant of
citizenship in
certain cases
|
(3) On application, the Minister may
grant citizenship to a person who
establishes a substantial connection with
Canada and who was
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(a) born outside Canada of a parent who
has been granted citizenship under
subsection (2); or
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(b) adopted by such a parent if
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(i) in the case of a person adopted while
they were a minor, their adoption
satisfied the criteria set out in
paragraphs 9(1)(a) to (d) of this Act,
and
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(ii) in the case of a person adopted
while the person was 18 years of age or
older, their adoption satisfied the
criteria set out in paragraphs 9(1)(b) to
(d) and their relationship satisfied the
criterion set out in paragraph 9(2)(a)
of this Act.
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| Form of
application
|
(4) An application must be made in the
form prescribed under subsection 46(1) of
this Act.
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| Repeal
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(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 before that
repeal may not, after the repeal, assert any
right or privilege that could have been
asserted under this section before the
repeal.
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| 365-day
residence
qualification
permitted in
certain cases
|
59. Persons who are subject to the loss of
their citizenship under section 14 of this Act
and who, on the day it comes into force,
have attained the age of 22 years may retain
their citizenship if, before their 28th
birthday, they have applied to retain their
citizenship and have resided in Canada for
a period of at least 365 days immediately
before so applying or for at least 1,095 days
during the 6 years before so applying.
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| 2000, c. 9
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Canada Elections Act
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60. Paragraph 65(f) of the Canada
Elections Act is replaced by the following:
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(f) a judge appointed by the Governor in
Council;
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| R.S., c. C-23
|
Canadian Security Intelligence Service Act
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| 2001, c. 27,
s. 223
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61. The portion of section 14 of the
Canadian Security Intelligence Service Act
after paragraph (b) is replaced by the
following:
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that is relevant to the exercise of any power or
the performance of any duty or function by
that Minister under the Citizenship of Canada
Act or the Immigration and Refugee
Protection Act.
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| 2001, c. 27,
s. 225
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62. Subparagraph 38(c)(ii) of the Act is
replaced by the following:
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(ii) reports made to the Committee under
subsection 23(2) of the Citizenship of
Canada Act, and
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| 2001, c. 27,
s. 226
|
63. Paragraphs 55(a) and (b) of the Act
are replaced by the following:
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(a) a statement under section 46 of this Act,
subsection 45(6) of the Canadian Human
Rights Act or subsection 23(5) of the
Citizenship of Canada Act; or
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(b) a report under paragraph 52(1)(b),
subsection 52(2) or section 53 of this Act,
subsection 46(1) of the Canadian Human
Rights Act or subsection 23(6) of the
Citizenship of Canada Act.
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| R.S., c. C-46
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Criminal Code
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64. Subsection 58(2) of the Criminal Code
is replaced by the following:
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| Definitions
|
(2) In this section, ``certificate of
citizenship'' and ``certificate of
naturalization'' have the same meanings as in
subsection 2(1) of the Citizenship of Canada
Act.
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| R.S., c. F-7
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Federal Court Act
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65. Section 21 of the Federal Court Act is
repealed.
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| 2001, c. 27
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Immigration and Refugee Protection Act
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66. Paragraph 40(1)(d) of the
Immigration and Refugee Protection Act is
replaced by the following:
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(d) on ceasing to be a citizen under
subsection 16(2) or 17(6) of the Citizenship
of Canada Act, in the circumstances set out,
in subsection 16(3) or 17(3) of that Act.
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67. Subsection 46(2) of the Act is replaced
by the following:
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| Permanent
resident
|
(2) A person who ceases to be a citizen
under subsection 16(2), 17(6) or 18(1) of the
Citizenship of Canada Act becomes a
permanent resident, unless
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(a) the circumstances referred to in
subsection 16(3) or 17(3) of that Act apply;
or
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(b) they are the subject of a removal order
under subsection 16(5) or 17(8) of that Act.
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| R.S., c. P-36
|
Public Service Superannuation Act
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68. Part II of Schedule I to the Public
Service Superannuation Act is amended by
striking out the following:
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A citizenship judge appointed by the
Governor in Council pursuant to the
Citizenship Act
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Juge de la citoyenneté nommé par le
gouverneur en conseil en application de
la Loi sur la citoyenneté
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69. Part II of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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A Citizenship Commissioner appointed by the
Governor in Council under the Citizenship
of Canada Act
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Commissaire à la citoyenneté nommé par le
gouverneur en conseil en application de
la Loi sur la citoyenneté au Canada
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70. Part III of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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A citizenship judge appointed by the
Governor in Council under the Citizenship
Act, chapter C-29 of the Revised Statutes of
Canada, 1985
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Juge de la citoyenneté nommé par le
gouverneur en conseil en application de
la Loi sur la citoyenneté, chapitre C-29
des Lois révisées du Canada (1985)
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References
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