Bill C-417
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Loss of
citizenship
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17. The right of citizenship may be revoked
only by the due process of law and on the
grounds prescribed by law.
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Equality of all
citizens
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18. (1) A citizen, whether or not born in
Canada, is entitled to all the rights, powers and
privileges, and is subject to all the
responsibilities, duties and liabilities, to
which a person who is a citizen at birth is
entitled or subject and has the same status as
that person.
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Rights and
responsibilitie
s of citizens in
law
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(2) A citizen has the rights granted and the
responsibilities set out in the Canadian
Charter of Rights and Freedoms and Canadian
law, and is entitled to enjoy the peace and
prosperity that prevails in Canada and to
participate in its growth.
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Respect for
rights of
others
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(3) Every citizen must recognize and
respect the application of the rights and
responsibilities mentioned in subsection (2) to
other citizens.
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PART 3 |
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NATURALIZATION |
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Definitions
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19. (1) The definitions in this subsection
apply in this Part.
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``certificate of
citizenship'' « certificat de citoyenneté »
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``certificate of citizenship'' means a
certificate of citizenship issued under an
Act of Parliament on or after January 1,
1947.
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``certificate of
naturalization'
' « certificat de naturalisation »
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``certificate of naturalization'' means a
certificate of naturalization issued under
any Act in force in Canada at any time
before January 1, 1947.
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``certificate of
renunciation'' « certificat de répudiation »
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``certificate of renunciation'' means a
certificate of renunciation issued under an
Act of Parliament on or after February 15,
1977.
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``citizenship
official'' « fonctionnair e de la citoyenneté »
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``citizenship official'' means a Citizenship
Councillor, the Registrar of Canadian
Citizenship and any other person to whom
the Minister delegates powers, duties or
functions under this Act.
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``Minister'' « ministre »
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``Minister'' means the Minister of Citizenship
and Immigration.
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``minor'' « mineur »
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``minor'' means a person who is less than 18
years of age.
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``permanent
resident'' « résident permanent »
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``permanent resident'' has the meaning given
to that expression by subsection 2(1) of the
Immigration Act.
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``prior
legislation'' « législation antérieure »
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``prior legislation'' means any law about
naturalization or citizenship in force in
Canada at any time before the coming into
force of this section.
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``Tribunal'' « tribunal »
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``Tribunal'' means the Canadian Citizenship
Tribunal established pursuant to section 29.
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Interpretation
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(2) For the purposes of this Act,
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DIVISION 1 |
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CONTINUATION OF CITIZENSHIP |
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General
principle
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20. A citizen continues to be a citizen unless
the person's citizenship is lost in accordance
with this Part.
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Renunciation
of citizenship
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21. The Minister shall, on application,
allow a citizen to renounce their citizenship,
if the citizen
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Waiver on
compassionat
e grounds
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22. If the Minister believes that there are
compassionate grounds for doing so, the
Minister may waive the application of
paragraph 21(c) or (d) to a person.
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Revocation
order
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23. (1) The Governor in Council may make
an order revoking the citizenship or
renunciation of citizenship of a person if the
Governor in Council is, on the report of the
Minister, satisfied that a person has obtained,
retained, renounced or resumed citizenship by
false representation or fraud or by knowingly
concealing material circumstances.
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Effective date
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(2) A revocation takes effect on the day that
the Governor in Council specifies in the order.
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Presumption
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24. For the purposes of section 23, a person
is deemed to have obtained or resumed
citizenship by false representation or fraud or
by knowingly concealing material
circumstances if the person was admitted to
Canada for permanent residence by false
representation or fraud or by knowingly
concealing material circumstances and,
because of that admission, the person
subsequently obtained or resumed citizenship.
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Notice of
decision
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25. (1) The Minister shall not make a report
mentioned in subsection 23(1) unless the
Minister notifies the person who is to be the
subject of the report that the report is to be
made and
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Statement in
notice
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(2) The notice must state that the person to
whom it is sent may, within 30 days after the
sending, request the Minister to refer the
matter to the Federal Court - Trial Division.
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Order by
Minister
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26. (1) If the Minister is satisfied that a
person has, after the coming into force of this
section, obtained, retained, renounced or
resumed citizenship in contravention of
section 38 or by using a false identity, the
Minister may, by order, declare that the
obtention, retention, renunciation or
resumption of citizenship is, and always has
been, void.
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Notice of
decision
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(2) The Minister shall not make an order
under subsection (1) unless the Minister, at
least 30 days before making it, notifies the
person who is to be the subject of the order.
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Statement in
notice
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(3) The notice must state that the person
may, within 30 days after the date on which it
was sent, make representations to the Minister
about the proposed order.
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Informing
person on
annulment
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(4) On making an order under subsection
(1), the Minister shall inform the person who
is the subject of the order that the order has
been made and advise them of their right to
apply for judicial review under section 18.1 of
the Federal Court Act.
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Limitation
period
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(5) The Minister may not make an order
under subsection (1) more than five years after
the day on which the citizenship was granted,
retained, renounced or resumed, as the case
may be.
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DIVISION 2 |
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RESTORATION OF CITIZENSHIP |
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Resumption
of citizenship
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27. The Minister shall, on application, grant
citizenship to a person who has lost their
citizenship and
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Citizenship
for certain
women
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28. A woman who notifies the Minister, in
writing, that she elects to become a citizen
shall be granted citizenship, effective from the
day the Minister receives the notice, if the
woman
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DIVISION 3 |
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PROHIBITIONS |
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Public Interest |
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Tribunal
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29. (1) The Governor in Council shall,
subject to this section, on the advice of the
Minister, appoint a Canadian Citizenship
Tribunal to carry out the functions assigned to
it by this Part.
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Chair
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(2) The Chief Canadian Citizenship
Commissioner shall be appointed Chair of the
Tribunal.
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Members
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(3) The Governor in Council, on the advice
of the Minister, shall appoint two
Commissioners as members of the Tribunal.
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Term and
tenure
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(4) The Chair and each member of the
Tribunal shall be appointed for a term of five
years and shall serve at pleasure.
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Rules of
procedure
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(5) The Tribunal may, with the approval of
the Governor in Council, make rules for its
own procedures.
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Report by
Minister to
Tribunal
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30. (1) If the Minister is satisfied that there
are reasonable grounds to believe that it is not
in the public interest for a person to become a
citizen, the Minister shall submit a report to
the Tribunal recommending that the person
not be granted citizenship or be allowed to
take the oath of citizenship.
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Notice of
intention
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(2) The Minister shall not submit a report
unless the Minister, at least 30 days before
submitting it, notifies the person who is to be
the subject of the report.
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Statement in
notice
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(3) The notice must include a summary of
the grounds contained in the report and state
that the person may, within 30 days after the
date on which the notice was sent, make
written representations to the Minister about
those grounds.
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Hearing by
Tribunal
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31. (1) The Tribunal, on receiving a report
under section 30, shall hold a hearing on the
question of whether it would not be in the
public interest for the person to become a
citizen and shall consider the representations
made to it by the Minister and by the person.
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Order by
Tribunal
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(2) If the Tribunal is satisfied that, on a
balance of probabilities, it would not be in the
public interest for the person to become a
citizen, it shall make an order to that effect.
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Effect of
order
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(3) If the Tribunal makes an order under
subsection (2), the Minister is deemed to
reject any application for the grant or
resumption of citizenship made by the person
who is the subject of the order.
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Appeal
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32. (1) An order of the Tribunal may be
appealed to the Federal Court - Trial
Division.
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Effective
period
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(2) An order of the Tribunal is effective for
the period specified in it, which may not
exceed five years.
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National Security |
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Definitions
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33. (1) In this section, ``Review
Committee'' and ``threats to the security of
Canada'' have the meanings assigned to those
expressions by section 2 of the Canadian
Security Intelligence Service Act.
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Report to
Review
Committee
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(2) The Minister may report to the Review
Committee about any person who, in the
opinion of the Minister, should not be granted
citizenship, take the oath of citizenship or be
issued a certificate of renunciation because
there are reasonable grounds to believe that
the person has engaged or will engage in
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Notice
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(3) Within 10 days after a report is made, the
Minister shall notify the person who is the
subject of the report that the report has been
made and that the Governor in Council may,
following an investigation, make a
declaration about that person under section
37.
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Application of
Canadian
Security
Intelligence
Service Act
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(4) The Review Committee shall
investigate the grounds on which the report is
based and, for that purpose and with any
modifications that the circumstances require,
apply subsections 39(2) and (3) and sections
43, 44 and 48 to 51 of the Canadian Security
Intelligence Service Act to the investigation,
as if
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Summary
statement
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(5) The Review Committee shall, as soon as
practicable, send to the person who is the
subject of the report a statement summarizing
the information available to the Review
Committee so as to enable that person to be
informed as much as possible of the
circumstances giving rise to the report, having
regard to whether, in the opinion of the
Review Committee, the summarized
information may be disclosed without injury
to national security or to the safety of persons.
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Report
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(6) On completion of its investigation, the
Review Committee shall report to the
Governor in Council on the investigation. The
Review Committee shall, when it is
convenient to do so, provide the report's
conclusion to the person who is the subject of
the report.
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End of
investigation
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(7) If the Review Committee is of the
opinion that it cannot perform the duties
described in subsections (4), (5) and (6), it
shall stop the investigation and give notice to
the Minister and the person to whom the
investigation relates.
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Appointment
of retired
judge
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34. (1) The Governor in Council may
appoint, for a period of three to five years, a
retired judge of a superior court to perform the
duties and have the powers and functions of a
Review Committee referred to in subsections
33(4), (5) and (6). The Governor in Council
shall, before making the appointment, consult
with the Prime Minister of Canada, the Leader
of the Official Opposition in the House of
Commons, the Leader of the Opposition in the
Senate and the leader of any other party in
either House having at least 12 members
sitting in that House.
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Tenure and
renewal
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(2) The Governor in Council may not
remove a retired judge appointed under
subsection (1) except for cause. The
appointment may be renewed at the end of its
term.
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Remuneration
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(3) A retired judge appointed under
subsection (1) is entitled to receive, for each
day on which the judge performs duties and
exercises functions or powers, the
remuneration that the Governor in Council
fixes.
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Moving and
travel
expenses
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(4) The judge is entitled to be paid any
moving expenses and travel expenses that the
judge reasonably incurred to perform those
duties and exercise those functions or powers
outside their place of residence.
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Reference
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35. (1) The Minister may refer a matter that
a Review Committee has stopped
investigating under subsection 33(7) to a
retired judge appointed under subsection
34(1). The Minister shall provide the retired
judge with a copy of the report referred to in
subsection 33(2) and send the notice referred
to in subsection 33(3) to the person who is the
subject of the report.
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Application of
subsections
33(4), (5) and
(6)
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(2) Subsections 33(4), (5) and (6) apply to
the retired judge as if the judge were the
Review Committee.
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