Bill C-417

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First Reading

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Loss of citizenship	17. The right of citizenship may be revoked only by the due process of law and on the grounds prescribed by law.
Equality of all citizens	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.
Rights and responsibilitie s of citizens in law	(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.
Respect for rights of others	(3) Every citizen must recognize and respect the application of the rights and responsibilities mentioned in subsection (2) to other citizens.
	PART 3
	NATURALIZATION
Definitions	19. (1) The definitions in this subsection apply in this Part.
``certificate of citizenship'' « certificat de citoyenneté »	``certificate of citizenship'' means a certificate of citizenship issued under an Act of Parliament on or after January 1, 1947.
``certificate of naturalization' ' « certificat de naturalisation »	``certificate of naturalization'' means a certificate of naturalization issued under any Act in force in Canada at any time before January 1, 1947.
``certificate of renunciation'' « certificat de répudiation »	``certificate of renunciation'' means a certificate of renunciation issued under an Act of Parliament on or after February 15, 1977.
``citizenship official'' « fonctionnair e de la citoyenneté »	``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.
``Minister'' « ministre »	``Minister'' means the Minister of Citizenship and Immigration.
``minor'' « mineur »	``minor'' means a person who is less than 18 years of age.
``permanent resident'' « résident permanent »	``permanent resident'' has the meaning given to that expression by subsection 2(1) of the Immigration Act.
``prior legislation'' « législation antérieure »	``prior legislation'' means any law about naturalization or citizenship in force in Canada at any time before the coming into force of this section.
``Tribunal'' « tribunal »	``Tribunal'' means the Canadian Citizenship Tribunal established pursuant to section 29.
Interpretation	(2) For the purposes of this Act,
	(a) a person born on a Canadian ship as defined in section 2 of the Canada Shipping Act or on a Canadian aircraft as defined in subsection 3(1) of the Aeronautics Act is deemed to be born in Canada;
	(b) a person who is registered as an Indian under the Indian Act and who is not a citizen is deemed to be a permanent resident from the day the person registered; and
	(c) a person resides in Canada if the person
	(i) is physically present in Canada, and
	(ii) is not, under an enactment in force in Canada, subject to a probation order, on parole or confined in a penitentiary, jail, reformatory or prison.
	DIVISION 1
	CONTINUATION OF CITIZENSHIP
General principle	20. A citizen continues to be a citizen unless the person's citizenship is lost in accordance with this Part.
Renunciation of citizenship	21. The Minister shall, on application, allow a citizen to renounce their citizenship, if the citizen
	(a) is a citizen of a country other than Canada or, if the application is accepted, becomes a citizen of another country;
	(b) is not a minor;
	(c) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and
	(d) resides outside Canada.
Waiver on compassionat e grounds	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.
Revocation order	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.
Effective date	(2) A revocation takes effect on the day that the Governor in Council specifies in the order.
Presumption	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.
Notice of decision	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
	(a) the person does not, within 30 days after the sending of the notice, request the Minister to refer the matter to the Federal Court - Trial Division; or
	(b) if the person does, within 30 days after the sending of the notice, request the Minister to refer the matter, and the Federal Court - Trial Division determines, on a balance of probabilities, that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.
Statement in notice	(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.
Order by Minister	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.
Notice of decision	(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.
Statement in notice	(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.
Informing person on annulment	(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.
Limitation period	(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.
	DIVISION 2
	RESTORATION OF CITIZENSHIP
Resumption of citizenship	27. The Minister shall, on application, grant citizenship to a person who has lost their citizenship and
	(a) whose citizenship was not revoked, declared void or annulled under this Act or prior legislation; and
	(b) who was lawfully admitted to Canada for permanent residence after the loss of citizenship, has continued from that admission to be a permanent resident and, in the two years immediately before applying for citizenship, resided in Canada as a permanent resident for at least 365 days.
Citizenship for certain women	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
	(a) because of a law in force in Canada at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject; and
	(b) would have been a citizen if the Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970, had been in force immediately before her marriage or the acquisition by her husband of a foreign nationality.
	DIVISION 3
	PROHIBITIONS
	Public Interest
Tribunal	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.
Chair	(2) The Chief Canadian Citizenship Commissioner shall be appointed Chair of the Tribunal.
Members	(3) The Governor in Council, on the advice of the Minister, shall appoint two Commissioners as members of the Tribunal.
Term and tenure	(4) The Chair and each member of the Tribunal shall be appointed for a term of five years and shall serve at pleasure.
Rules of procedure	(5) The Tribunal may, with the approval of the Governor in Council, make rules for its own procedures.
Report by Minister to Tribunal	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.
Notice of intention	(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.
Statement in notice	(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.
Hearing by Tribunal	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.
Order by Tribunal	(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.
Effect of order	(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.
Appeal	32. (1) An order of the Tribunal may be appealed to the Federal Court - Trial Division.
Effective period	(2) An order of the Tribunal is effective for the period specified in it, which may not exceed five years.
	National Security
Definitions	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.
Report to Review Committee	(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
	(a) an activity that constitutes a threat to the security of Canada; or
	(b) an activity that is part of a pattern of criminal activity planned and organized by a number of persons acting together to encourage the commission of an indictable offence under any Act of Parliament.
Notice	(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.
Application of Canadian Security Intelligence Service Act	(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
	(a) the investigation were conducted in relation to a complaint made under section 42 of that Act; and
	(b) the references to ``deputy head'' were references to the Minister.
Summary statement	(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.
Report	(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.
End of investigation	(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.
Appointment of retired judge	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.
Tenure and renewal	(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.
Remuneration	(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.
Moving and travel expenses	(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.
Reference	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.
Application of subsections 33(4), (5) and (6)	(2) Subsections 33(4), (5) and (6) apply to the retired judge as if the judge were the Review Committee.