Bill C-417
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SUMMARY |
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This enactment deals with the broad concept of citizenship as it
applies to all Canadians. It replaces the existing Citizenship Act, which
deals principally with the naturalization process. It states in positive
terms the status, rights and obligations of Canadian citizenship,
encouraging all citizens to participate fully in the life and growth of the
nation. It provides a modern form of oath of loyalty to be taken by new
citizens, and allows existing citizens to take the oath to reaffirm their
loyalty to Canada if they choose to do so.
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A Canadian Citizenship Commission is established with a duty to
promote an understanding of the nature of citizenship and respect for its
value. The Commission will also advise the Minister of Canadian
Heritage and the Minister of Citizenship and Immigration on proposed
programs and events that will promote and celebrate Canada and
Canadian citizenship.
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Citizenship Councillors will be appointed to continue the work of the
former citizenship judges. They will preside at citizenship ceremonies,
promote citizenship and may advise the Minister on applications for
citizenship.
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The members of the Commission will be appointed from among
those who hold the office of Citizenship Councillor.
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The enactment confirms the principal rights of citizens and their
responsibilities and sets out the manner in which citizenship is acquired.
It provides for the continued acquisition of citizenship at birth for
everyone born in Canada. The residency for immigrants and refugees
to obtain citizenship will be based on actual presence in Canada.
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The distinction made between adopted children and children born
abroad of Canadian parents is lessened for the purpose of acquiring
citizenship. The right to transmit citizenship to persons born abroad of
Canadian parents is limited to the first and second generations.
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The enactment continues the authority of the Minister to annul the
citizenship of persons who obtained their citizenship by using a false
identity or who were subject to prohibitions. It allows the Minister to
refuse to grant citizenship on the advice of a Review Committee when
national security requires it.
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The enactment establishes a new Canadian Citizenship Tribunal that
considers whether an application for citizenship should be refused on
the basis of public interest. If in such cases the Tribunal so advises, the
Governor in Council may refuse to grant citizenship.
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The process for dealing with applications for citizenship is
administrative rather than judicial.
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Prohibitions and offences related to citizenship and its acquisition
are established in order to maintain the integrity of Canadian
citizenship.
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EXPLANATORY NOTES |
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Canadian Security Intelligence Service Act |
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Clause 66: The reference to the ``Citizenship Act'' is changed to the
``Code of Canadian Citizenship'' and a cross-reference is amended.
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Clause 67: The reference to the ``Citizenship Act'' is changed to the
``Code of Canadian Citizenship'' and cross-references are amended.
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Criminal Code |
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Clause 68: The reference to the ``Citizenship Act'' is changed to the
``Code of Canadian Citizenship'' and a cross-reference to subsection
19(1) is added.
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Canada Elections Act |
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Clause 69: The relevant portion of section 65 reads as follows:
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65. The following persons are not eligible to be a candidate:
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Federal Court Act |
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Clause 70: Section 21 reads as follows:
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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.
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Immigration Act |
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Clause 71: The definitions ``Canadian citizen'' and ``permanent
resident'' in subsection 2(1) read as follows:
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``Canadian citizen'' means a person who is a citizen
within the meaning of the Citizenship Act;
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``permanent resident'' means a person who
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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;
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Clause 72: The relevant portion of subsection 27(2) reads as follows:
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(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
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Clause 73: Subsection 41(2) reads as follows:
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(2) Where an inquiry in respect of a person is adjourned pursuant to
subsection (1), that persons claim that he is a Canadian citizen shall be
referred to such member of the Queens Privy Council for Canada as is
designated by the Governnor 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.
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Clause 74: (1) Subsection 42(1) reads as follows:
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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.
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(2) The relevant portion of subsection 42(2) reads as follows:
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(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
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