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Bill C-18

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First Reading

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	Property and Legal Rights
Rights	49. Subject to section 50,
	(a) property of every description may be taken, acquired, held and disposed of by a person who is not a citizen in the same manner and in all of the same respects as by a citizen; and
	(b) title to property of every description may be derived through, from or in succession to a person who is not a citizen in the same manner and in all of the same respects as though through, from or in succession to a citizen.
Authority to prohibit or restrict acquisition of property in a province by non-citizens	50. (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.
Regulations	(2) The lieutenant governor in council of a province may make regulations that apply in the province for the purposes of determining
	(a) what transactions constitute a direct or an indirect taking or acquisition of an interest in real or immovable property located in the province;
	(b) what constitutes effective control of a corporation or association by persons who are not citizens; and
	(c) what constitutes an association.
Restriction	(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
	(a) prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real or immovable property located in the province by a permanent resident;
	(b) conflicts with any legal obligation of Canada under any international law, custom or agreement;
	(c) discriminates between persons who are not citizens on the basis of their nationalities, except insofar as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement;
	(d) hinders any foreign state in taking or acquiring real or immovable property in the province for diplomatic or consular purposes; or
	(e) prohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real or immovable property located in the province by any person in the course of, or as a result of, an investment that, under the Investment Canada Act, the Minister responsible for administering that Act is satisfied, or is deemed to be satisfied, is likely to be of net benefit to Canada.
Offences and punishment	51. (1) Every person who fails to comply with a prohibition, annulment or restriction under subsection 50(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.
Officers, directors or agents of corporations	(2) If a corporation commits an offence under subsection (1), any officer, director, agent or mandatary 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.
Application of sections 50 and 51	52. Sections 50 and 51 apply in any province on and after a day or days that the Governor in Council, by order, fixes.
Limitations of sections 49 and 50	53. Sections 49 and 50 do not operate so as to
	(a) qualify any person for any office or give any person the right to vote in any election;
	(b) qualify any person to be the owner of a Canadian ship;
	(c) qualify any person to take, acquire, hold or dispose of any property that by or under any Act of Parliament may be taken, acquired, held or disposed of only by citizens;
	(d) entitle any person to any right or privilege as a citizen except the rights and privileges in relation to property that are under this Act expressly given to the person; or
	(e) affect any estate or interest in property, or, in the Province of Quebec, a real right to property, to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883, or any devolution by law on the death of a person dying before that date.
Trials of non-citizens	54. A person who is not a citizen is triable at law in the same manner as if the person were a citizen.
	PART 7
	TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE
	Transitional Provisions
Pending applications	55. (1) Proceedings in relation to an application made under the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985 (in this Part referred to as the ``former Act''), that are pending on the day on which section 74 of this Act comes into force must be dealt with under this Act.
Exception	(2) Despite subsection (1), if a citizenship judge under the former Act is seized of the application, it is continued under that Act, with the modification that sections 21 to 27 of this Act and the provisions relating to the oath of citizenship apply to it.
Continuing jurisdiction	(3) A citizenship judge under the former Act continues to hold office in relation to an application referred to in subsection (2) and has, in relation to the application, all the powers that the judge had before the day on which section 74 of this Act comes into force, with the modifications referred to in that subsection.
Examination by Minister	(4) The Minister shall examine any application made under the former Act before the day on which section 74 of this Act comes into force that has not been referred to a citizenship judge before that day.
Form of oath under former Act	(5) Until section 74 of this Act comes into force, an oath of citizenship under the former Act may be administered in either the form under that Act or the form set out in the schedule to this Act.
Reports under section 10 of former Act	56. (1) All cases in which, immediately before the coming into force of section 74 of this Act, the Minister is entitled to make a report referred to in section 10 of the former Act, or has made such a report, shall be dealt with and disposed of in accordance with the former Act.
Proceedings in which substantive evidence adduced	(2) All cases in which, immediately before the coming into force of section 74 of this Act, there is a proceeding pending before the Federal Court as a result of a referral under section 18 of the former Act and in respect of which substantive evidence has been adduced but no decision has been made shall be dealt with and disposed of in accordance with the former Act.
Other revocation cases	(3) Any other proceeding pending, immediately before the coming into force of section 74 of this Act, before the Federal Court as a result of a referral under section 18 of the former Act shall be continued as a proceeding under subsection 16(1) of this Act.
Other cases	(4) If, immediately before the coming into force of section 74 of this Act, a notice has been given under subsection 18(1) of the former Act and the case is not provided for under subsections (1) to (3), the notice is cancelled and any process arising from the notice is terminated effective on the coming into force of section 74 of this Act.
Citizenship judge deemed Citizenship Commissioner	57. A citizenship judge under the former Act, immediately before the day on which section 74 of this Act comes into force, is deemed, on that day, to become a Citizenship Commissioner appointed under subsection 31(1) of this Act for a term that ends on the day that the judge's term under that Act would have ended had section 74 of this Act not come into force.
Grant of citizenship in certain cases	58. (1) On application, the Minister shall grant citizenship to a person who has never acquired citizenship and who was
	(a) born outside Canada, after December 31, 1946, and before February 15, 1977, of a parent having citizenship; or
	(b) adopted, after December 31, 1946, and before February 15, 1977, while they were a minor by a citizen and whose adoption satisfied the criteria set out in paragraphs 9(1)(a) to (d) of this Act.
Grant of citizenship in certain cases	(2) On application, the Minister may grant citizenship to a person who establishes a substantial connection with Canada and who was
	(a) born outside Canada of a parent who has been granted citizenship under subsection (1) or under paragraph 5(2)(b) of the former Act; or
	(b) adopted by such a parent if
	(i) in the case of a person adopted while they were a minor, their adoption satisfied the criteria set out in paragraphs 9(1)(a) to (d) of this Act, and
	(ii) in the case of a person adopted while the person was 18 years of age or older, their adoption satisfied the criteria set out in paragraphs 9(1)(b) to (d) and their relationship satisfied the criterion set out in paragraph 9(2)(a) of this Act.
Grant of citizenship in certain cases	(3) On application, the Minister may grant citizenship to a person who establishes a substantial connection with Canada and who was
	(a) born outside Canada of a parent who has been granted citizenship under subsection (2); or
	(b) adopted by such a parent if
	(i) in the case of a person adopted while they were a minor, their adoption satisfied the criteria set out in paragraphs 9(1)(a) to (d) of this Act, and
	(ii) in the case of a person adopted while the person was 18 years of age or older, their adoption satisfied the criteria set out in paragraphs 9(1)(b) to (d) and their relationship satisfied the criterion set out in paragraph 9(2)(a) of this Act.
Form of application	(4) An application must be made in the form prescribed under subsection 46(1) of this Act.
Repeal	(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 before that repeal may not, after the repeal, assert any right or privilege that could have been asserted under this section before the repeal.
365-day residence qualification permitted in certain cases	59. Persons who are subject to the loss of their citizenship under section 14 of this Act and who, on the day it comes into force, have attained the age of 22 years may retain their citizenship if, before their 28th birthday, they have applied to retain their citizenship and have resided in Canada for a period of at least 365 days immediately before so applying or for at least 1,095 days during the 6 years before so applying.
	Consequential Amendments
2000, c. 9	Canada Elections Act
	*60. Paragraph 65(f) of the Canada Elections Act* is replaced by the following:**
	(f) a judge appointed by the Governor in Council;
R.S., c. C-23	Canadian Security Intelligence Service Act
2001, c. 27, s. 223	*61. The portion of section 14 of the Canadian Security Intelligence Service Act* after paragraph (b) is replaced by the following:**
	that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship of Canada Act or the Immigration and Refugee Protection Act.
2001, c. 27, s. 225	62. Subparagraph 38(c)(ii) of the Act is replaced by the following:
	(ii) reports made to the Committee under subsection 23(2) of the Citizenship of Canada Act, and
2001, c. 27, s. 226	63. Paragraphs 55(a) and (b) of the Act are replaced by the following:
	(a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 23(5) of the Citizenship of Canada Act; or
	(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 23(6) of the Citizenship of Canada Act.
R.S., c. C-46	Criminal Code
	*64. Subsection 58(2) of the Criminal Code* is replaced by the following:**
Definitions	(2) In this section, ``certificate of citizenship'' and ``certificate of naturalization'' have the same meanings as in subsection 2(1) of the Citizenship of Canada Act.
R.S., c. F-7	Federal Court Act
	*65. Section 21 of the Federal Court Act* is repealed.**
2001, c. 27	Immigration and Refugee Protection Act
	*66. Paragraph 40(1)(d) of the Immigration and Refugee Protection Act* is replaced by the following:**
	(d) on ceasing to be a citizen under subsection 16(2) or 17(6) of the Citizenship of Canada Act, in the circumstances set out, in subsection 16(3) or 17(3) of that Act.
	67. Subsection 46(2) of the Act is replaced by the following:
Permanent resident	(2) A person who ceases to be a citizen under subsection 16(2), 17(6) or 18(1) of the Citizenship of Canada Act becomes a permanent resident, unless
	(a) the circumstances referred to in subsection 16(3) or 17(3) of that Act apply; or
	(b) they are the subject of a removal order under subsection 16(5) or 17(8) of that Act.
R.S., c. P-36	Public Service Superannuation Act
	*68. Part II of Schedule I to the Public Service Superannuation Act* is amended by striking out the following:**
	A citizenship judge appointed by the Governor in Council pursuant to the Citizenship Act
	Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté
	69. Part II of Schedule I to the Act is amended by adding the following in alphabetical order:
	A Citizenship Commissioner appointed by the Governor in Council under the Citizenship of Canada Act
	Commissaire à la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté au Canada
	70. Part III of Schedule I to the Act is amended by adding the following in alphabetical order:
	A citizenship judge appointed by the Governor in Council under the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985
	Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté, chapitre C-29 des Lois révisées du Canada (1985)
	References

Bill C-18

Property and Legal Rights

PART 7

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE

Transitional Provisions

Consequential Amendments