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Bill C-417

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First Reading

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Annual report	36. (1) A retired judge appointed under subsection 34(1) shall submit an annual report every year, on or before September 30, to the Solicitor General of Canada on the judge's activities for the preceding fiscal year.
Tabling in Parliament	(2) After receiving the report, the Solicitor General shall cause the report to be laid before each House of Parliament within the next 15 days the House is sitting.
Declaration	37. (1) After considering the report made by the Review Committee under section 33, the Governor in Council may declare that there are reasonable grounds to believe that the person who is the subject of the report has engaged or will engage in an activity mentioned in paragraph 33(2)(a) or (b).
Effect	(2) The Minister is, on the making of a declaration by the Governor in Council, deemed to reject any application for the grant or resumption of citizenship or for a certificate of renunciation made by the person who is the subject of the declaration.
Informing person on making declaration	(3) If the Governor in Council makes a declaration under subsection (1), the Minister shall inform the person who is the subject of the declaration that the declaration has been made and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.
Effective period	(4) A declaration is effective for the period specified in it, which may not exceed five years.
	Other Prohibitions
Ineligibility	38. Despite anything in this Act, other than sections 15, 16 and 23, no person shall be granted citizenship or take the oath of citizenship, if the person
	(a) is, under any enactment in force in Canada, subject to a probation order, on parole, or confined in any penitentiary, jail, reformatory or prison;
	(b) is charged with, on trial for, or subject to or a party to an appeal or a review relating to an offence under this Act or an indictable offence under any other Act of Parliament;
	(c) is charged with, on trial for, or subject to or a party to an appeal or review relating to, an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;
	(d) during the period beginning three years before the day on which the person applies for citizenship and ending on the day on which the person would otherwise be granted citizenship or take the oath of citizenship, has been convicted of an offence referred to in paragraph (b) or (c), whether or not, in the case of an offence outside Canada, the person has been pardoned or otherwise granted amnesty by a foreign authority in respect of the offence;
	(e) during the period beginning one year before the day on which the person applied for citizenship and ending on the day on which the person would otherwise be granted citizenship or take the oath of citizenship, has been convicted of two or more summary conviction offences under any other Act of Parliament;
	(f) is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, or subject to or a party to an appeal relating to, an act or omission referred to in subsection 7(3.71) of the Criminal Code;
	(g) has been convicted of an offence in respect of an act or omission referred to in subsection 7(3.71) of the Criminal Code;
	(h) requires the consent referred to in subsection 55(1) of the Immigration Act to be admitted to Canada, but has not obtained that consent;
	(i) has ceased to be a permanent resident or is subject to, or is a party to, an inquiry under the Immigration Act that may lead to their removal from Canada or to the loss of their status as a permanent resident, and any rights of appeal or review in relation to the inquiry are not exhausted;
	(j) during the five years before the day on which the person applies for citizenship, is the subject of an order under section 23 or 26 of this Act or under section 10 of the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985;
	(k) is the subject of an order under section 32 or a declaration under section 37;
	(l) is the subject of an investigation under section 15 of the Canadian Security Intelligence Service Act or of a report under section 33 of this Act, even during the time that the Governor in Council is deciding on whether or not to make a declaration about the person under section 37; or
	(m) is under a removal order, other than an order that is of no effect because the person has subsequently been granted lawful permission to establish permanent residence in Canada, or is subject to or a party to an appeal or a review relating to the removal order.
	DIVISION 4
	ADMINISTRATION AND APPLICATION
	Ministerial Powers
Examination for conformity	39. (1) On receiving an application under this Act, the Minister shall, as soon as practicable, examine it to determine whether it complies with the provisions of this Act that apply to it.
Information on examination	(2) If the Minister determines that an application does not comply with the provisions of this Act that apply to it, the Minister shall, without delay, inform the applicant of that determination and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.
Power to reverse decision	(3) The Minister may reverse a decision refusing citizenship or regarding the issuance of a certificate of citizenship, if there appears to have been a material defect in the decision.
	Citizenship Councillors
Appointment, tenure, removal and renewal of office	40. (1) The Governor in Council may appoint a person as a Citizenship Councillor to hold office, during pleasure, for a term of not more than five years.
Full- or part-time	(2) A Citizenship Councillor may be appointed to serve full-time or part-time.
Remuneration	(3) Each Citizenship Councillor is entitled to receive the remuneration that the Governor in Council fixes.
Travel and living expenses	(4) Each Citizenship Councillor is entitled to be paid any reasonable travel and living expenses that they incur in the course of their duties under this Act while absent from
	(a) in the case of a full-time Citizenship Councillor, the Citizenship Councillor's ordinary place of work; and
	(b) in the case of a part-time Citizenship Councillor, the Citizenship Councillor's ordinary place of residence.
Compensation	(5) A Citizenship Councillor is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.
Qualifications for appointment	(6) To be eligible for appointment as, and to serve as, a Citizenship Councillor, a person must be a citizen, have demonstrated an understanding of the values of good citizenship and be recognized for their valuable civic contribution.
Duties	(7) The duties of a Citizenship Councillor are the following:
	(a) to preside at citizenship ceremonies;
	(b) to promote active citizenship in the community;
	(c) to provide, on the Minister's request, advice and recommendations about
	(i) citizenship applications referred to the Citizenship Councillor,
	(ii) the exercise of the Minister's discretion, and
	(iii) appropriate methods to evaluate citizenship applicants about their knowledge of an official language, of Canada and of the rights and responsibilities of citizenship; and
	(d) to give effect to directions of the Minister.
Senior Citizenship Councillor	41. The Minister may designate a retired judge of the Federal Court to serve as the Senior Citizenship Councillor responsible for the professional conduct of Citizenship Councillors and the coordination of their activities.
	Ceremony of Citizenship
Ceremony	42. (1) A person who takes the oath of citizenship shall take it during a ceremony before a Citizenship Councillor.
Purpose and procedures for ceremony	(2) In order to heighten the awareness of new citizens to the responsibilities and privileges associated with citizenship, the Citizenship Councillor presiding over a citizenship ceremony shall, subject to the Minister's directives,
	(a) underline the importance of the ceremony as a milestone in the life of new citizens;
	(b) ensure that the oath of citizenship is taken with dignity and solemnity;
	(c) personally give new citizens their certificate of citizenship; and
	(d) promote a strong sense of civic pride, including respect for the law, for the exercise of the right to vote and for the participation of citizens in public affairs, and a sense of mutual respect and understanding between Canadians.
Exception - oath taken outside ceremony	(3) The Minister may excuse a person from the requirement of taking the oath during a citizenship ceremony and designate any person to administer the oath and give certificates of citizenship to new citizens under procedures that the Minister fixes.
	Certificates
Certificate of citizenship	43. (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.
Certificate of renunciation	(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.
Surrender of certificate	44. (1) The Minister may, by notice in writing, order 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.
Compliance with notice	(2) The person to whom the order relates shall, without delay after being provided with the notice, surrender the certificate to the Minister.
Cancellation of certificate	45. (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 prior legislation.
Return of certificate	(2) The Minister shall return a certificate to a person who surrendered it to the Minister if the Minister determines that the person is entitled to it.
Evidence of declarations	46. (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 of 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 mentioned in it.
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 of a document that the Minister certifies as containing the same information as the original certificate or other document.
	Offences
Definition of ``certificate''	47. (1) For the purposes of 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 the person's citizenship status.
Offences	(2) Every person is guilty of an offence who
	(a) for any of the purposes of this Act makes a false representation, commits fraud or knowingly conceals any material circumstance;
	(b) obtains or uses a certificate of another person in order to personate that other person;
	(c) knowingly permits their certificate to be used by another person to personate them; or
	(d) whether or not for profit, traffics or offers to traffic in certificates or possesses any certificate for the purpose of trafficking.
Punishment	(3) Every person who is guilty of an offence under subsection (2) is liable
	(a) on conviction on indictment, to a fine of not more than $10,000 or imprisonment for a term of not more than five years, or to both; or
	(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.
Offence	(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
	(a) without lawful authority, issues or alters a certificate;
	(b) counterfeits a certificate; or
	(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.
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.
Offences respecting citizenship officials	48. (1) Every person is guilty of an offence who
	(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;
	(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;
	(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;
	(d) not being a citizenship official, personates or holds themselves out to be, 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, a citizenship official; or
	(e) obstructs or impedes a citizenship official in the performance of that official's duties under this Act.
Punishment	(2) Every person who is guilty of an offence under subsection (1) is liable
	(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
	(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.
Where offence is committed outside Canada	49. (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.
Jurisdiction	(2) Proceedings related to an offence under this Act that is committed outside Canada may be dealt with by a court having jurisdiction over similar offences in the place in Canada where the person who committed the offence 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.
Limitation period	50. (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.