Bill C-271

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First Reading

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-271
	An Act to amend the Citizenship Act (revocation of citizenship)
R.S., c. C-29	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 18 of the Citizenship Act* is replaced by the following:**
Notice to person in respect of revocation	18. (1) The Minister shall not make a report under section 10 unless the Minister has given notice of the intention to do so to the person in respect of whom the report is to be made and
	(a) that person does not, within thirty days after the day on which the notice is served, request that the Minister refer the case to the Court; or
	(b) that person does so request and the final ruling pursuant to this section is that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.
Nature of notice	(2) The notice referred to in subsection (1) shall state that the person in respect of whom the report is to be made may, within thirty days after the day on which the notice is served , request that the Minister refer the case to the Court.
Notice given personally	(3) A notice under subsection (1) shall be served personally unless the Court on application is satisfied that
	(a) all reasonable efforts to effect personal service have been made, or
	(b) the person is deliberately evading service,
	in which case the Court may order that notice may be served by registered mail to the person at their latest known address or by such other means as may be most likely to bring the matter to the person's notice and may also order that the thirty day period mentioned in subsection (2) be increased, if the Court considers that it is necessary to do so to protect the interests of the person being served.
Appeal to Federal Court of Appeal	(4) A decision of the Court made under subsection (1) before or after the coming into force of this subsection, and any analogous decision by any person, body or court under prior legislation, may be appealed to the Federal Court of Appeal with the leave of that court.
Appeal to Supreme Court of Canada	(5) A decision of the Federal Court of Appeal made under subsection (4), whether as to leave to appeal or as to the merits of an appeal, may be appealed to the Supreme Court of Canada with the leave of that court.
Application on compassionat e grounds to Governor in Council	(6) Where the Minister has given notice under subsection (1) and the person in respect of whom the report is made has made no request under paragraph (1)(a) or has made a request and withdrawn it, or the Court, the Federal Court of Appeal or the Supreme Court of Canada has finally ruled against the person, the person may apply to the Governor in Council for an order, on compassionate grounds, that no order shall be made under section 10.
Prior revocation	(7) Where the citizenship or renunciation of citizenship of a person has been revoked before the coming into force of subsections (4) and (5) and an appeal occurs under one or both of those subsections, and the court that hears the last appeal finally rules in favour of the person, the revocation shall be deemed not to have occurred.
Idem	(8) Where the citizenship or renunciation of citizenship of a person has been revoked before the coming into force of this subsection, the person may apply to the Governor in Council for an order, on compassionate grounds, declaring that the revocation is deemed not to have occurred.