Bill C-417
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Declaration of
Minister
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(2) A written declaration appearing to have
been issued by the Minister that certifies the
day on which the Minister became aware of
the subject-matter of any proceedings is
admissible, without proof of the signature or
of the official character of the person
appearing to have signed it, as evidence of the
matters stated in it.
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Regulations |
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Regulations
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51. The Governor in Council may make
regulations
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Delegation of Minister's Powers |
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Delegation of
authority
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52. (1) Anything that is required to be done
or that may be done by the Minister under this
Act or the regulations may be done on behalf
of the Minister by any person that the Minister,
in writing, authorizes to act on the Minister's
behalf, without proof of the authenticity of the
authorization.
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Registrar
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(2) The Minister may designate any officer
or employee of the department over which the
Minister presides to act as Registrar of
Canadian Citizenship for the purposes of this
Act.
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Limitation
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(3) Only a citizen may act as Registrar of
Canadian Citizenship or determine a person's
status as a citizen or a person's entitlement to
obtain, retain, renounce or resume citizenship
under this Act.
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Disclosure |
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New citizen's
name
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53. The name of a new citizen may, unless
the new citizen objects, be disclosed by the
Minister to the Speakers of the Senate and the
House of Commons for use by a member of
Parliament in whose electoral division,
constituency or geographic region the new
citizen resides, to congratulate the new citizen
on acquiring their citizenship.
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Documentary Requirements |
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Documents
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54. (1) The Minister may prescribe the form
of applications, certificates and other
documents required for the purposes of this
Act.
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Applications
and notices
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(2) The Minister may prescribe the manner
and place in which applications are to be made
or notices are to be given under this Act.
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DIVISION 5 |
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STATUS OF CERTAIN PERSONS IN CANADA |
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Citizen of the Commonwealth |
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Citizen of the
Commonweal
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55. (1) Every person who, under an
enactment of a Commonwealth country other
than Canada, is a citizen or national of that
country has in Canada the status of a citizen of
the Commonwealth.
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Citizen of
Ireland
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(2) Any law or regulation of Canada, unless
it provides otherwise, has the same effect in
relation to a citizen of Ireland who is not a
citizen of the Commonwealth as it has in
relation to a citizen of the Commonwealth.
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British subject
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56. For the purposes of an enactment in
force in Canada on and after the coming into
force of this section that refers to the status of
British subject, the reference to that status is
to be regarded as a reference to the status of
Canadian citizen or citizen of the
Commonwealth or both, as the intent of the
provision may require.
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Property and Legal Rights |
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Property and
legal rights
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57. Subject to section 58,
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Authority to
prohibit or
restrict
acquisitions of
property in a
province by
non-Canadian
s
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58. (1) The Lieutenant Governor in Council
of a province or any other person or authority
in a province that the Lieutenant Governor in
Council designates may prohibit, annul or in
any manner restrict the taking or acquisition
directly or indirectly of, or the succession to,
any interest in real or immovable property
located in the province by persons who are not
citizens or by corporations or associations that
are effectively controlled by persons who are
not citizens.
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Regulations
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(2) The Lieutenant Governor in Council of
a province may make regulations that apply in
the province for the purposes of
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Restriction
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(3) Subsections (1) and (2) do not authorize
or permit the Lieutenant Governor in Council
of a province or any other person or authority
in a province that the Lieutenant Governor in
Council designates to make any decision or
take any action that
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Offences and
punishment
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59. (1) Every person who fails to comply
with a prohibition, annulment or restriction
under subsection 58(1) is guilty of an offence
and liable on summary conviction to a fine of
not more than $10,000 or to imprisonment for
not more than one year, or to both.
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Officers,
directors or
agents of
corporations
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(2) If a corporation commits an offence
under subsection (1), any officer, director or
agent of the corporation who directed,
authorized, assented to, acquiesced in or
participated in the commission of the offence
is a party to and guilty of the offence and is
liable on conviction to the punishment
provided for the offence, whether or not the
corporation has been prosecuted or convicted.
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Application of
sections 58
and 59
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60. Sections 58 and 59 apply in any
province on and after a day or days that the
Governor in Council, by order, fixes.
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Limits on
effect of
sections 57
and 58
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61. Sections 57 and 58 do not operate so as
to
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Trials of
non-citizens
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62. A person who is not a citizen is triable
at law in the same manner as if the person were
a citizen.
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DIVISION 6 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE |
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Transitional Provisions |
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Pending
applications
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63. (1) Proceedings in relation to an
application made under the Citizenship Act,
chapter C-29 of the Revised Statutes of
Canada, 1985, pending on the day on which
section 77 of this Act comes into force must
be dealt with under this Act.
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Exception
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(2) Despite subsection (1), if a citizenship
judge under the Act referred to in that
subsection is seized of the application, it is
continued under that Act, with the
modification that sections 29 to 37 of this
Act and the provisions relating to the oath
of citizenship apply to it.
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Continuing
jurisdiction
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(3) A citizenship judge referred to in
subsection (2) continues to hold office as a
citizenship councillor in relation to an
application referred to in that subsection
and has, in relation to the application, all
the powers that the judge had before the day
on which section 77 comes into force, with
the modifications referred to in that
subsection.
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Examination
by Minister
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(4) The Minister shall examine any
application made under the Act referred to
in subsection (1) before the day on which
section 77 of this Act comes into force that
had not been referred to a citizenship judge
before that day.
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Citizenship
judge deemed
Citizenship
Councillor
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64. A citizenship judge under the Act
referred to in section 77, immediately
before the day on which that section comes
into force, is deemed, on that day, to become
a Citizenship Councillor appointed under
this Act for a term that ends on the day that
the judge's term under that Act would have
ended had section 77 not come into force.
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Grant of
citizenship in
certain cases
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65. (1) On application, the Minister shall
grant citizenship to a person who has never
acquired citizenship and who was
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Grant of
citizenship in
certain cases
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(2) On application, the Minister may
grant citizenship to a person born outside
Canada of a parent who has been granted
citizenship under subsection (1) or under
paragraph 5(2)(b) of the Citizenship Act,
chapter C-29 of the Revised Statutes of
Canada, 1985, if that person establishes a
substantial connection with Canada.
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Grant of
citizenship in
certain cases
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(3) On application, the Minister may
grant citizenship to a person born outside
Canada of a parent who has been granted
citizenship under subsection (2) if that
person establishes a substantial connection
with Canada.
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Form of
application
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(4) An application must be made in the
form prescribed under subsection 54(1).
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Repeal
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(5) This section is repealed three years
after the day on which it comes into force
and, for greater certainty, a person who
fails to make an application prior to that
repeal is not entitled, after the repeal, to
assert any right or privilege that could have
been asserted under this section prior to the
repeal.
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