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Bill C-18

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National Security

Definitions of ``Review Committee'' and ``threats''

23. (1) In this section, ``Review Committee'' and ``threats to the security of Canada'' have the same meanings as in 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 Minister's opinion, should not be granted citizenship, be allowed to 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 an activity

    (a) that constitutes a threat to the security of Canada; or

    (b) 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 of report

(3) The Minister shall, within 10 days after the report is made, 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 27.

Application of Canadian Security Intelligence Service Act

(4) The Review Committee shall investigate the grounds on which the report is based and subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security Intelligence Service Act apply, with any necessary modifications, to the investigation as if

    (a) the investigation were conducted in relation to a complaint made under subsection 42(3) of that Act; and

    (b) the references to ``deputy head'' in those provisions 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 fully as possible of the circumstances giving rise to the report, having regard to whether, in the Review Committee's opinion, the summarized information can be disclosed without injury to national security or to the safety of any persons.

Report

(6) On completion of its investigation, the Review Committee shall report to the Governor in Council on the investigation and shall, as soon as practicable, 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) to (6), it shall stop the investigation and give notice to the Minister and the person who is the subject of the report.

Appointment of retired judge

24. (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 23(4) to (6). Before the appointment is made, the Prime Minister of Canada shall consult with the Leader of the Opposition in the Senate, the Leader of the Opposition in the House of Commons and the leader of every other officially recognized party in that House.

Tenure and renewal

(2) A retired judge appointed under subsection (1) holds office during good behaviour and may be removed for cause by the Governor in Council. 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) A retired judge appointed under subsection (1) is entitled to be paid any moving or travel expenses that they reasonably incurred to perform those duties and exercise those functions or powers outside their place of residence.

Reference

25. (1) The Minister may refer a matter that a Review Committee has stopped investigating under subsection 23(7) to a retired judge appointed under subsection 24(1). The Minister shall provide the retired judge with a copy of the report referred to in subsection 23(2) and send the notice referred to in subsection 23(3) to the person who is the subject of the report.

Application of subsections 23(4) to (6)

(2) Subsections 23(4) to (6) apply to the retired judge as if the retired judge were the Review Committee.

Annual report

26. (1) A retired judge appointed under subsection 24(1) shall submit an annual report every year, on or before September 30, to the Solicitor General of Canada on their activities for the preceding fiscal year.

Tabling in Parliament

(2) After receiving the report, the Solicitor General shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting.

Declaration

27. (1) After considering the report made by the Review Committee under subsection 23(6), the Governor in Council may declare that there are reasonable grounds to believe that the person who is the subject of the report has engaged or will engage in an activity referred to in paragraph 23(2)(a) or (b).

Effect

(2) The Minister is, on the making of the declaration, deemed to reject any application for the grant or resumption of citizenship or for a certificate of renunciation made by the person who is the subject of the declaration.

Declaration final

(3) The declaration is final and, despite any other Act of Parliament, is not subject to appeal to or review by any court.

Effective period

(4) The declaration is effective for five years after the day on which it is made.

Conclusive proof

(5) Despite anything in this Act or any other Act of Parliament, the declaration is conclusive proof of the matters stated in it.

Other Prohibitions

Ineligibility

28. Despite anything in this Act, other than sections 9, 11 and 20, no person shall be granted citizenship or be allowed to take the oath of citizenship in any of the following cases:

    (a) the person, under an enactment in force in Canada,

      (i) is subject to a conditional sentence order or a probation order, detained in custody or confined under an order of a court that is exercising jurisdiction in relation to an offence with which they have been charged, or

      (ii) is an offender or a person who is under long-term supervision within the meaning of subsection 2(1) of the Corrections and Conditional Release Act or a prisoner within the meaning of subsection 2(1) of the Prisons and Reformatories Act;

    (b) the person is charged with, on trial for, or subject to or a party to an appeal or a review relating to, an offence under this Act or an indictable offence under any other Act of Parliament;

    (c) the person is charged with, on trial for, or subject to or a party to an appeal or review relating to, an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;

    (d) during the period beginning three years before the day on which they apply for citizenship and ending on the day on which they would otherwise be granted citizenship or take the oath of citizenship, the person has been convicted of an offence referred to in paragraph (b) or (c), whether or not, in the case of an offence outside Canada, they have been pardoned or otherwise granted amnesty by a foreign authority in respect of the offence;

    (e) during the period beginning one year before the day on which they apply for citizenship and ending on the day on which they would otherwise be granted citizenship or take the oath of citizenship, the person has been convicted of two or more summary conviction offences under any other Act of Parliament;

    (f) the person is under investigation by the Attorney General of Canada or the Royal Canadian Mounted Police for - or is charged with, on trial for or subject to or a party to an appeal relating to - an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

    (g) the person has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

    (h) the person is the subject of a certificate, a report or an admissibility hearing under the Immigration and Refugee Protection Act that may lead to a removal order from Canada and any related rights of appeal or review are not exhausted;

    (i) the person is the subject of a decision made outside Canada that they have failed to comply with the residency obligation under section 28 of the Immigration and Refugee Protection Act;

    (j) the person has obtained a decision allowing their claim for refugee protection, and that decision is the subject of an application to vacate under subsection 109(1) of the Immigration and Refugee Protection Act;

    (k) at any time during the five years before the day on which they apply for citizenship, the person has lost their citizenship because of a revocation order under prior legislation, a revocation under subsection 16(2) or 17(6) or an annulment order under subsection 18(1);

    (l) the person is the subject of an order under section 22 or a declaration under section 27;

    (m) the person is the subject of a report under section 23, including the time during which the Governor in Council is deciding whether or not to make a declaration about the person under section 27; or

    (n) the person is subject to a removal order, other than an order that has not been enforced and has become void because they have become a permanent resident, or is subject to or a party to an appeal or review relating to an order for their removal that has not been finally determined.

PART 5

ADMINISTRATION AND ENFORCEMENT

Examination of Applications

Ministerial examination for conformity

29. (1) On receiving an application under this Act, the Minister shall, as soon as practicable, examine it to determine whether it complies with the applicable provisions of this Act.

Information on examination

(2) If the Minister determines that an application does not comply with the applicable provisions of this Act, the Minister shall, without delay, inform the applicant of that determination and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.

Power to set aside certain decisions

30. The Minister may, on application or on the Minister's own initiative, if the Minister is satisfied that there was a material error in relation to the decision, set aside a decision refusing citizenship or refusing the issuance of a certificate of citizenship.

Citizenship Commissioners

Appointment, tenure and removal

31. (1) The Governor in Council may appoint a person as a Citizenship Commissioner to hold office, during pleasure, for a term of not more than five years, which term may be renewed for one or more further terms of not more than five years each.

Full- or part-time

(2) A Citizenship Commissioner may be appointed to serve full-time or part-time.

Remuneration

(3) Each Citizenship Commissioner is entitled to receive the remuneration that the Governor in Council fixes.

Travel and living expenses

(4) Each Citizenship Commissioner is entitled to be paid any reasonable travel and living expenses that they incur in the course of their duties under this Act while absent from

    (a) in the case of a full-time Citizenship Commissioner, their ordinary place of work; and

    (b) in the case of a part-time Citizenship Commissioner, their ordinary place of residence.

Compensation

(5) A Citizenship Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

Qualifications for appointment

(6) To be eligible for appointment as, and to serve as, a Citizenship Commissioner, a person must be a citizen, have demonstrated an understanding of the values of good citizenship and be recognized for their valuable civic contribution.

Duties

(7) The duties of a Citizenship Commissioner are

    (a) to preside at citizenship ceremonies;

    (b) to promote active citizenship in the community;

    (c) to provide, on the Minister's request, advice and recommendations about

      (i) citizenship applications,

      (ii) appropriate methods to evaluate citizenship applicants about their knowledge of an official language, of Canada and of the responsibilities and privileges of citizenship, and

      (iii) the exercise of the Minister's discretion; and

    (d) to give effect to any directions of the Minister.

Senior Citizenship Commissioner

32. The Minister may designate a Citizenship Commissioner to serve as Senior Citizenship Commissioner responsible for the professional conduct of Citizenship Commissioners and the coordination of their activities.

Ceremony and Oath of Citizenship

Ceremony

33. (1) A person who takes the oath of citizenship shall take it during a ceremony for that purpose.

Purpose and procedures for ceremony

(2) To promote the integration of new citizens into Canadian society and to heighten their awareness of the responsibilities and privileges of citizenship, the Citizenship Commissioner presiding over a citizenship ceremony shall, subject to the Minister's directives,

    (a) underline the importance of the ceremony as a milestone in the life of new citizens;

    (b) ensure that the oath of citizenship is taken with dignity and solemnity;

    (c) personally give new citizens their certificates of citizenship;

    (d) encourage citizens to give expression to their civic pride by respecting the law, exercising their right to vote and participating in Canadian society; and

    (e) underline that all citizens should demonstrate mutual respect and understanding so that each citizen can contribute to the best of their abilities in Canadian society.

Exception - oath taken outside ceremony

(3) The Minister may excuse a person from the requirement of taking the oath during a citizenship ceremony and designate any person to administer the oath and give certificates of citizenship to new citizens under procedures that the Minister fixes.

Oath - schedule

34. The form of the oath of citizenship is set out in the schedule.

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