Bill C-417
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1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
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House of Commons of Canada
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BILL C-417 |
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An Act respecting Canadian citizenship
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Preamble
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WHEREAS Canadian citizenship is a
special treasure of inestimable value to be
nurtured and promoted;
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WHEREAS the heritage of Canadian
citizens speaks to their ancient and beautiful
land which they inhabit in peace with nature;
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WHEREAS Parliament is mindful of the
dignity and worth of all Canadian citizens and
the rich contribution that each can make to the
growth of Canada;
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WHEREAS the Constitution Act, 1867, the
common law, the Civil Code, the Canadian
Bill of Rights, the Constitution Act, 1982,
including the Canadian Charter of Rights and
Freedoms and other enactments trace the
relationships among Canadian citizens over
the years;
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WHEREAS active citizens, through their
labours, their democratic institutions and their
laws, have built a peaceful nation where they
may enjoy the harvest of nature and exercise
their enterprises throughout Canada and the
world community, while safeguarding the
land, its creatures and resources;
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WHEREAS the citizens of Canada enjoy
the benefits of peace and prosperity, and they
should be given an opportunity to make a
contribution, each according to their talents
and abilities;
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AND WHEREAS it is desirable to enact a
measure to celebrate, protect and codify the
richness of Canadian citizenship;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Code of
Canadian Citizenship.
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Oath of
Citizenship
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2. Every person, on taking Canadian
citizenship, shall make and subscribe to the
following oath:
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I, (here state full name), pledge my loyalty
to Canada and Her Majesty Elizabeth the
Second, Queen of Canada. I promise to
respect our country's rights and freedoms, to
uphold our democratic values, to faithfully
observe our laws and to fulfill my duties and
obligations as a Canadian citizen.
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PART 1 |
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PROMOTION OF CANADIAN CITIZENSHIP |
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Purpose of
Part
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3. The purpose of this Part is to provide for
the promotion of Canadian citizenship and to
provide for programs of education in
citizenship to achieve a common
understanding of and a respect for citizenship.
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Definitions
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4. The definitions in this section apply in
this Act.
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``citizen'' « citoyen »
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``citizen'' means a Canadian citizen.
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``citizenship'' « citoyenneté »
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``citizenship'' means Canadian citizenship.
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``Commission
'' « Commission »
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``Commission'' means the Canadian
Citizenship Commission established by
section 5.
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``Commission
er'' « commissaire »
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``Commissioner'' means a person who holds
the office of Canadian Citizenship
Commissioner pursuant to section 6.
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``Ministers'' « ministres »
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``Ministers'' means the Minister of Canadian
Heritage and the Minister of Citizenship
and Immigration acting jointly.
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Canadian
Citizenship
Commission
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5. There is hereby established the Canadian
Citizenship Commission as an agency of the
Government of Canada under the
administration of the Ministers.
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Canadian
Citizenship
Commissioner
s
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6. (1) The Commission consists of the
Canadian Citizenship Commissioners
appointed according to subsection (2).
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Commissioner
s appointed
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(2) The Governor in Council shall appoint
not more than 9 Canadian Citizenship
Commissioners from among those who hold
the office of Citizenship Councillor pursuant
to section 40.
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Appointment
of Chief and
Deputy Chief
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7. (1) The Governor in Council shall name
one of the Commissioners to be the Chief
Canadian Citizenship Commissioner and one
of them to be the Deputy Chief Canadian
Citizenship Commissioner.
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Term
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(2) An appointment under subsection (1)
shall be for a term of not more than five years.
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Reappointmen
t
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(3) A person may be appointed under
subsection (1) for a second or third term.
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Chief presides
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(4) The Chief Canadian Citizenship
Commissioner presides over the proceedings
of the Commission.
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Deputy Chief
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(5) In the absence of the Chief Canadian
Citizenship Commissioner, the Deputy Chief
Canadian Citizenship Commissioner presides
over the proceedings of the Commission.
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Functions of
Commission
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8. (1) The functions of the Commission are
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Programs
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(2) Programs mentioned in paragraph (1)(b)
include programs
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Advisory role
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9. The role of the Commission is advisory,
and the Commission does not have the power
to determine that any program, event or
symbol or any information respecting
citizenship must or must not be offered, held,
used or disseminated.
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Annual report
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10. (1) The Commission shall prepare and
submit to the Ministers, no later than April 1
in every year, a report on its operations in
respect of the previous fiscal year.
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Laid before
Parliament
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(2) On receiving the report from the
Commission, the Ministers shall cause it to be
laid before each House of Parliament on any
of the first five days after it is received that the
House sits.
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PART 2 |
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CANADIAN CITIZENSHIP |
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Interpretation
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11. The definition in this section applies in
this Part.
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``Minister'' « ministre »
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``Minister'' means the Minister of Citizenship
and Immigration.
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Purpose of
Part
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12. The purpose of this Part is to confirm the
rights of Canadians to citizenship for
themselves and their children and the
responsibilities that attach to Canadian
citizenship.
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Citizenship at Birth |
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Persons who
are citizens
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13. (1) A person is a citizen if the person was
a citizen immediately before the coming into
force of this section or becomes a citizen in
accordance with this Act.
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Acquisition at
birth
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(2) A person acquires citizenship at birth if,
after the coming into force of this section,
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Birth in
Canada -
exception for
children of
foreign
diplomats, etc.
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(3) Paragraph (2)(a) does not apply to a
person if, at the time of the person's birth,
neither of the person's parents is a citizen or
lawfully admitted to Canada for permanent
residence and one of the parents is
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Deserted child
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(4) If a person who appears to be less than
seven years of age is found in Canada as a
deserted child, paragraph (2)(a) is deemed to
apply to the person, unless, within seven years
of the finding, it is proved that the person was
not born in Canada.
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Child born
after death of
parent
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(5) For the purposes of paragraph (2)(b) and
subsection (3), if a child is born after the death
of either of the child's parents, the child is
deemed to have been born before the death of
that parent.
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Grant of citizenship |
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General
principle
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14. (1) A person acquires citizenship on
being granted citizenship by the Minister and
taking the oath of citizenship provided in
section 2. The requirement of taking the oath
of citizenship does not apply to a person
referred to in section 15, 16 or 28 or a person
who is less than 14 years of age.
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Adults
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(2) The Minister shall, on application, grant
citizenship to a person who
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Waiver on
compassionat
e grounds
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(3) If the Minister believes there are
compassionate grounds for doing so, the
Minister may waive
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Minors
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(4) The Minister shall, on application, grant
citizenship to a permanent resident who is a
minor at the time of the application and the
child of a citizen.
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Adoptees
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15. The Minister shall, on application, grant
citizenship to a person who, after February 14,
1977, was adopted by a citizen while the
person was a minor child and whose adoption
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Statelessness
- bloodline
connection
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16. The Minister shall, on application, grant
citizenship to a person who
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