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Bill C-16

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SUMMARY

This enactment replaces the existing Citizenship Act. It provides for

    (a) the continued acquisition of citizenship at birth for everyone born in Canada;

    (b) residence requirements for citizenship based on actual presence in Canada;

    (c) 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;

    (d) new authority for the Governor in Council to refuse to grant citizenship when the public interest requires;

    (e) new prohibitions and offences with more severe punishment in order to maintain the enactment's integrity;

    (f) 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;

    (g) lessening the distinctions made between adopted children and children born abroad of Canadian parents for the purpose of the acquisition of citizenship;

    (h) an administrative rather than a judicial process to deal with applications for citizenship;

    (i) 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

    (j) a modern citizenship oath.

EXPLANATORY NOTES

Canadian Security Intelligence Service Act

Clause 58: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and a cross-reference is amended.

Clause 59: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and cross-references are amended.

Criminal Code

Clause 60: The reference to the ``Citizenship Act'' is changed to the ``Citizenship of Canada Act'' and a cross-reference to subsection 2(1) is added.

Canada Elections Act

Clause 61: The relevant portion of subsection 77(1) reads as follows:

77. (1) The persons mentioned in this section are not, for the time specified with respect to each such person, eligible as candidates at an election, namely,

    . . .

    (i) every judge appointed by the Governor in Council other than a citizenship judge appointed under the Citizenship Act;

Federal Court Act

Clause 62: 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 Act

Clause 63: The definitions ``Canadian citizen'' and ``permanent resident'' in subsection 2(1) read as follows:

``Canadian citizen'' means a person who is a citizen within the meaning of the Citizenship Act;

``permanent resident'' means a person who

      (a) has been granted landing,

      (b) has not become a Canadian citizen, and

      (c) has not ceased to be a permanent resident pursuant to section 24 or 25.1,

    and includes a person who has become a Canadian citizen but who has subsequently ceased to be a Canadian citizen under subsection 10(1) of the Citizenship Act, without reference to subsection 10(2) of that Act;

Clause 64: The relevant portion of subsection 27(2) reads as follows:

(2) An immigration officer or a peace officer shall, unless the person has been arrested pursuant to subsection 103(2), forward a written report to the Deputy Minister setting out the details of any information in the possession of the immigration officer or peace officer indicating that a person in Canada, other than a Canadian citizen or permanent resident, is a person who

    . . .

    (i) ceased to be a Canadian citizen pursuant to subsection 10(1) of the Citizenship Act in the circumstances described in subsection 10(2) of that Act;

Clause 65: Subsection 41(2) reads as follows:

(2) Where an inquiry in respect of a person is adjourned pursuant to subsection (1), that person's claim that he is a Canadian citizen shall be referred to such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of the Citizenship Act and that person shall forthwith make an application for a certificate of citizenship pursuant to subsection 12(1) of that Act.

Clause 66: (1) Subsection 42(1) reads as follows:

42. (1) Where a certificate of citizenship is issued under section 12 of the Citizenship Act to a person who is the subject of an inquiry, the adjudicator who was presiding at the inquiry or any other adjudicator shall terminate the inquiry and let that person come into or remain in Canada, as the case may be.

(2) The relevant portion of subsection 42(2) reads as follows:

(2) An inquiry that was adjourned pursuant to subsection 41(1) shall be resumed as soon as reasonably practicable, by the adjudicator who was presiding at the inquiry or by any other adjudicator, where

    (a) the person who was the subject of the inquiry does not forthwith make an application for a certificate of citizenship pursuant to subsection 12(1) of the Citizenship Act;

    (b) a certificate of citizenship is not issued under section 12 of the Citizenship Act to that person within six months from the day on which the inquiry was adjourned or within such greater period of time as the adjudicator considers appropriate in the circumstances; or

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