Bill C-18

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First Reading

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	RECOMMENDATION
	Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act respecting Canadian citizenship''.
	SUMMARY
	This enactment replaces the existing Citizenship Act. It provides for
	(a) the continued acquisition of citizenship at birth for most persons born in Canada;
	(b) residence requirements for citizenship based on actual presence in Canada;
	(c) a new judicial process to revoke the citizenship of a person who has acquired, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances;
	(d) new authority for the Minister and the Solicitor General of Canada to sign a certificate that commences a proceeding - in which security information may be used - to revoke the citizenship of a person who has acquired or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances;
	(e) new authority for the Minister to annul the citizenship of people who obtained their citizenship by using a false identity or who were subject to prohibitions;
	(f) new authority for the Governor in Council to refuse to grant citizenship where a person has demonstrated a flagrant and serious disregard for the principles and values underlying a free and democratic society;
	(g) new prohibitions and offences with more severe punishment in order to maintain the enactment's integrity;
	(h) restricting the transmission of citizenship to persons born abroad of Canadian parents to the first and second generations, with an automatic loss of citizenship at the age of 28 years to those in the second generation who have not resided in Canada;
	(i) lessening the distinctions made between adopted children and children born abroad of Canadian parents for the purpose of the acquisition of citizenship;
	(j) an administrative rather than a quasi-judicial process to deal with applications for citizenship;
	(k) a new office of ``Citizenship Commissioner'', to replace the former ``citizenship judge'', with new functions related to conducting citizenship ceremonies, promoting citizenship and advising the Minister; and
	(l) a modern citizenship oath.
	EXPLANATORY NOTES
	Canada Elections Act
	Clause 60: 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;
	Canadian Security Intelligence Service Act
	Clause 61: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act''.
	Clause 62: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and a cross-reference is amended.
	Clause 63: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and cross-references are amended.
	Criminal Code
	Clause 64: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and a cross-reference to subsection 2(1) is added.
	Federal Court Act
	Clause 65: 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 and Refugee Protection Act
	Clause 66: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and cross-references are amended.
	Clause 67: Subsection 46(2) reads as follows:
	(2) A person who ceases to be a citizen under paragraph 10(1)(a) of the Citizenship Act, other than in the circumstances set out in subsection 10(2) of that Act, becomes a permanent resident.