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Bill C-84

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2nd Session, 35th Parliament,
45-46 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-84

An Act to amend the Citizenship Act and the Immigration Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-29; R.S., c. 28 (1st Supp.), cc. 30, 44 (3rd Supp.), c. 28 (4th Supp.); 1992, cc. 1, 21, 47, 49; 1993, c. 28; 1995, cc. 5, 15

citizenship act

1. (1) Subsection 19(1) of the Citizenship Act is replaced by the following:

Definitions

19. (1) In this section and sections 19.1, 19.2 and 20, ``Review Committee'' and ``threats to the security of Canada'' have the same meanings as in the Canadian Security Intelligence Service Act.

(2) Section 19 of the Act is amended by adding the following after subsection (4):

Investigation to cease

(4.1) If the Review Committee is of the opinion that it cannot perform its duties described in subsections (4), (5) and (6), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2).

2. The Act is amended by adding the following after section 19:

Appointment of a judge

19.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 19(4), (5) and (6).

Tenure and re-
appointment

(2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.

Remunera-
tion and expenses

(3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.

Referral

19.2 (1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Committee has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3).

Application of subsections 19(4), (5) and (6)

(2) Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee.

Annual reports

19.3 The person appointed under subsection 19.1(1) must, not later than September 30 in each fiscal year, submit to the Solicitor General of Canada a report of the activities of the person during the preceding fiscal year and the Solicitor General of Canada must cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Solicitor General of Canada receives it.

3. Subsection 20(1) of the Act is replaced by the following:

Declaration by the Governor in Council in matters of security

20. (1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 where, after considering the report made under subsection 19(6) by the Review Committee or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made will engage in an activity described in paragraph 19(2)(a) or (b).

R.S., c. I-2; R.S., c. 31 (1st Supp.), cc. 10, 46 (2nd Supp.), c. 30 (3rd Supp.), cc. 1, 28, 29, 30 (4th Supp.); 1990, cc. 8, 16, 17, 38, 44; 1992, cc. 1, 47, 49, 51; 1993, c. 28; 1994, cc. 26, 31; 1995, cc. 5, 15; 1996, cc. 8, 11, 16, 19

immigration act

4. (1) Subsection 39(1) of the Immigration Act is replaced by the following:

Definition of ``Review Committee''

39. (1) In this section and sections 39.1, 39.2 and 40 ``Review Committee'' has the same meaning as in the Canadian Security Intelligence Service Act.

(2) Section 39 of the Act is amended by adding the following after subsection (5):

Investigation to cease

(5.1) If the Review Committee is of the opinion that it cannot perform its duties described in subsections (5) and (6) to (10), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2).

5. The Act is amended by adding the following after section 39:

Appointment of a judge

39.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 39(5) and (6) to (10).

Tenure and re-
appointment

(2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.

Remunera-
tion and expenses

(3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.

Referral

39.2 (1) The Minister may refer to the person appointed under subsection 39.1(1) any case that the Review Committee has ceased to investigate under subsection 39(5.1) and, in that case, the Minister must make a report described in subsection 39(2) to the appointed person and send the notice described in subsection 39(3).

Application of subsections 39(5) and (6) to (10)

(2) Subsections 39(5) and (6) to (10) apply to the appointed person as if that person were the Review Committee.

Annual reports

39.3 The person appointed under subsection 39.1(1) must, not later than September 30 in each fiscal year, submit to the Solicitor General of Canada a report of the activities of the person during the preceding fiscal year and the Solicitor General of Canada must cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Solicitor General of Canada receives it.

1992, c. 49, s. 30(1)

6. Subsection 40(1) of the Act is replaced by the following:

Security certificates

40. (1) Where, after considering a report made under subsection 39(9) by the Review Committee or the person appointed under subsection 39.1(1), the Governor in Council is satisfied that the person with respect to whom the report was made is a person described in paragraph 19(1)(c.2), subparagraph 19(1)(d)(ii), paragraph 19(1)(e), (f), (g), (k) or (l) or 27(1)(a.1), subparagraph 27(1)(a.3)(ii) or paragraph 27(1)(g) or (h), the Governor in Council may direct the Minister to issue a certificate to that effect.

7. (1) Subsection 81(1) of the Act is replaced by the following:

Definition of ``Review Committee''

81. (1) In this section and sections 81.1, 81.2 and 82, ``Review Committee'' has the same meaning as in the Canadian Security Intelligence Service Act.

(2) Section 81 of the Act is amended by adding the following after subsection (4):

Investigation to cease

(4.1) If the Review Committee is of the opinion that it cannot perform its duties described in subsections (4) and (5) to (8), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2).

8. The Act is amended by adding the following after section 81:

Appointment of a judge

81.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 81(4) and (5) to (8).

Tenure and re-
appointment

(2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.

Remunera-
tion and expenses

(3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.

Referral

81.2 (1) The Minister may refer to the person appointed under subsection 81.1(1) any case that the Review Committee has ceased to investigate under subsection 81(4.1) and, in that case, the Minister must make a report described in subsection 81(2) to the appointed person and send the notice described in subsection 81(3).

Application of subsections 81(4) and (5) to (8)

(2) Subsections 81(4) and (5) to (8) apply to the appointed person as if that person were the Review Committee.

Annual reports

81.3 The person appointed under subsection 81.1(1) must, not later than September 30 in each fiscal year, submit to the Solicitor General of Canada a report of the activities of the person during the preceding fiscal year and the Solicitor General of Canada must cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Solicitor General of Canada receives it.

9. Subsection 82(1) of the Act is replaced by the following:

Security certificates

82. (1) Where, after considering a report made under subsection 81(7) by the Review Committee or the person appointed under subsection 81.1(1), the Governor in Council is satisfied that the person with respect to whom the report was made is a person referred to in paragraph 81(2)(a) or (b), as the case may be, the Governor in Council may direct the Minister to issue a certificate to that effect.

TRANSITIONAL PROVISIONS

Citizenship Act

10. If, before section 1 of this Act comes into force, a legal proceeding has been commenced with respect to an investigation under subsection 19(4) of the Citizenship Act, a final decision in that proceeding that the Review Committee must cease its investigation is deemed to be a decision of the Review Committee under subsection 19(4.1) of that Act, as enacted by subsection 1(2) of this Act.

Immigration Act

11. (1) If, before section 4 of this Act comes into force, a legal proceeding has been commenced with respect to an investigation under subsection 39(5) of the Immigration Act, a final decision in that proceeding that the Review Committee must cease its investigation is deemed to be the decision of the Review Committee under subsection 39(5.1) of that Act, as enacted by subsection 4(2) of this Act.

Immigration Act

(2) If, before section 7 of this Act comes into force, a legal proceeding has been commenced with respect to an investigation under subsection 81(4) of the Immigration Act, a final decision in that proceeding that the Review Committee must cease its investigation is deemed to be the decision of the Review Committee under subsection 81(4.1) of that Act, as enacted by subsection 7(2) of this Act.

COMING INTO FORCE

Coming into force

12. This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.