Bill C-24

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2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-24

An Act to amend the Citizenship Act and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Strengthening Canadian Citizenship Act.

R.S., c. C-29

CITIZENSHIP ACT

2008, c. 14, s. 2(1)

2. (1) The portion of subparagraph 3(1)(f)(ii) of the French version of the Citizenship Act before clause (A) is replaced by the following:

(ii) sa citoyenneté a été révoquée pour cause de fausse déclaration, fraude ou dissimulation de faits essentiels au titre de l’une des dispositions suivantes :

(2) Subsection 3(1) of the Act is amended by striking out “or” at the end of subparagraph (i)(iii) and by adding the following after paragraph (j):

(k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;

(l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;

(m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;

(n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day;

(o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;

(p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day;

(q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or

(r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day.

(3) Section 3 of the Act is amended by adding the following after subsection (1):

For greater certainty

(1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada.

(4) Section 3 of the Act is amended by adding the following after subsection (1):

Citizen despite death of parent

(1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under paragraph (1)(b), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).

(5) Section 3 of the Act is amended by adding the following after subsection (1.1):

Citizen despite death of parent

(1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n).

Citizen despite death of parent

(1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947.

Citizen despite death of parent

(1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949.

(6) Section 3 of the Act is amended by adding the following after subsection (2):

Not applicable — paragraphs (1)(k), (m), (o) and (q)

(2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if

(a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or

(b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently

(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or

(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

Not applicable — paragraphs (1)(b), (g) and (h)

(2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently

(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or

(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

Not applicable — paragraphs (1)(l), (n), (p) and (r)

(2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if

(a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or

(b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently

(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or

(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

Not applicable — paragraphs (1)(b), (g) and (h)

(2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently

(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or

(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

2008, c. 14, ss. 2(2) and 13(2)

(7) The portion of subsection 3(3) of the Act before paragraph (b) is replaced by the following:

Not applicable — after first generation

(3) Paragraphs (1)(b) and (f) to (j) do not apply to a person born outside Canada

(a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents were citizens under any of those paragraphs; or

(8) The portion of subsection 3(3) of the Act before paragraph (b) is replaced by the following:

Not applicable — after first generation

(3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada

(a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;

(a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;

(a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or

2008, c. 14, s. 2(2)

(9) The portion of paragraph 3(3)(b) of the French version of the Act before subparagraph (i) is replaced by the following:

b) à un moment donné, seul le père ou la mère avait qualité de citoyen, et ce, au titre de l’une des dispositions ci-après, ou les deux parents avaient cette qualité au titre de l’une de celles-ci :

2008, c. 14, s. 2(2)

(10) Subsection 3(4) of the Act is replaced by the following:

Exception — transitional provision

(4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.

(11) Section 3 of the Act is amended by adding the following after subsection (4):

Exception — transitional provision

(4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.

2008, c. 14, s. 2(2)

(12) Subsection 3(5) of the Act is replaced by the following:

Exception — child or grandchild of person in service abroad

(5) Subsection (3) does not apply to a person

(a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

(b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

(c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

(13) Section 3 of the Act is amended by adding the following after subsection (5):

Citizenship other than by way of grant — grandchild of person in service abroad

(5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:

(a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

(b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

Non-application of subsection (5.1)

(5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved.

(14) Section 3 of the Act is amended by adding the following after subsection (6):

Citizenship other than by way of grant — certain children born after February 14, 1977

(6.1) A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant if

(a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or

(b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i).

(15) Section 3 of the Act is amended by adding the following after subsection (6.1):

Citizenship other than by way of grant

(6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.

Deemed application

(6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r).

(16) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and’’ at the end of paragraph (g) and by adding the following after paragraph (g):

(h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born.

(17) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):

(i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;

(j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;

(k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;

(l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and

(m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.

2008, c. 14, s. 2(2)

(18) The portion of subsection 3(8) of the Act before paragraph (b) is replaced by the following:

Limitation

(8) For any period before the day on which subsection (7) first takes effect with respect to a person,

(a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and

(19) Section 3 of the Act is amended by adding the following after subsection (8):

Definition of “by way of grant”

(9) In subsections (2.1) to (2.4) and (6.2), “by way of grant” means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.

2001, c. 27, s. 228(1)

3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:

(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,

(i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,

(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and

(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;

(c.1) intends, if granted citizenship,

(i) to continue to reside in Canada,

(ii) to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, or

(iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

(d) if under 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;

(e) if under 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

R.S., c. 44 (3rd Supp.), s. 1; 2000, c. 12, s. 75; 2003, c. 22, s. 149(E)

(2) Subsection 5(1.1) of the Act is replaced by the following:

Period of physical presence — spouse or common-law partner of citizen

(1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

Period of physical presence — permanent residents

(1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

Period of physical presence — residing with permanent residents

(1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

Intention

(1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

(3) Section 5 of the Act is amended by adding the following before subsection (2):

Canadian Armed Forces — permanent resident

(1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, within the period referred to in that paragraph, completed a number of years of service in the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

Canadian Armed Forces — person attached or seconded

(1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the period referred to in that paragraph, completed a number of years of service with the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year.

(4) Subsections 5(1.2) and (1.3) of the Act are replaced by the following:

Canadian Armed Forces — permanent resident

(1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

(a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and

(b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the six years immediately before the date of his or her application.

However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

Canadian Armed Forces — person attached or seconded

(1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.

2008, c. 14, s. 4(1)

(5) Subsection 5(2) of the Act is replaced by the following:

Grant of citizenship

(2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, if

(a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child;

(b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident;

(c) in the case of a person who is 14 years of age or over at the date of the application, he or she has an adequate knowledge of one of the official languages of Canada; and

(d) in the case of a person who is 14 years of age or over at the date of the application, he or she demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.

1992, c. 21, s. 7

(6) The portion of subsection 5(3) of the Act before paragraph (c) is replaced by the following:

Waiver by Minister on compassionate grounds

(3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,

(a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);

(b) in the case of a minor,

(i) the requirement respecting age set out in paragraph (1)(b),

(ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),

(iii) the requirement respecting intent set out in paragraph (1)(c.1), or

(iv) the requirement respecting the taking of the oath of citizenship;

(b.1) in the case of any person who is incapable of forming the intent referred to in paragraph (1)(c.1) or 11(1)(e) because of a mental disability, the requirement respecting that intent; and

(7) Subsection 5(4) of the Act is replaced by the following:

Special cases

(4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada.

2008, c. 14, s. 4(2)

(8) Paragraph 5(5)(d) of the Act is replaced by the following:

(d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;

2008, c. 14, par. 13(3)(a)

4. (1) The portion of subsection 5.1(1) of the Act before paragraph (a) is replaced by the following:

Adoptees — minors

5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption

(2) The portion of subsection 5.1(1) of the Act before paragraph (a) is replaced by the following:

Adoptees — minors

5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption

(3) Subsection 5.1(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and

2008, c. 14, par. 13(3)(b)

(4) The portion of subsection 5.1(2) of the Act before paragraph (a) is replaced by the following:

Adoptees — adults

(2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if

(5) The portion of subsection 5.1(2) of the Act before paragraph (a) is replaced by the following:

Adoptees — adults

(2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if

2007, c. 24, s. 2

(6) Paragraph 5.1(2)(b) of the Act is replaced by the following:

(b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).

2008, c. 14, par. 13(3)(c)

(7) The portion of subsection 5.1(3) of the Act before paragraph (a) is replaced by the following:

Quebec adoptions

(3) Subject to subsection (4), the Minister shall, on application, grant citizenship to a person in respect of whose adoption — by a citizen who is subject to Quebec law governing adoptions — a decision was made abroad on or after January 1, 1947 if

(8) The portion of subsection 5.1(3) of the Act before paragraph (a) is replaced by the following:

Quebec adoptions

(3) Subject to subsection (4), the Minister shall, on application, grant citizenship to a person in respect of whose adoption, by a citizen who is subject to Quebec law governing adoptions, a decision was made abroad on or after January 1, 1947 — or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day — if

(9) Section 5.1 of the Act is amended by adding the following after subsection (3):

Not applicable — after first generation

(4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)

(a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g) or (h), or both of the adoptive parents were citizens under any of those paragraphs; or

(b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.

Exception — child or grandchild of person in service abroad

(5) Subsection (4) does not apply to a person who was

(a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

(b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

(c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

(10) Paragraph 5.1(4)(a) of the Act is replaced by the following:

(a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;

(a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;

(a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or

(11) Section 5.1 of the Act is amended by adding the following after subsection (5):

Exception — Canada and Newfoundland and Labrador

(6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if

(a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and

(b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).

5. The Act is amended by adding the following after section 5.1:

Citizenship by way of grant under section 5.1 — grandchild of person in service abroad

5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of subparagraphs 3(3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:

2008, c. 14, s. 5

6. Section 7 of the Act is replaced by the following:

No loss except as provided

7. A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1).

7. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

Renunciation of citizenship

9. (1) Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he

(2) Section 9 of the Act is amended by adding the following after subsection (2)

Exception

(2.1) No application for renunciation may be made if the Minister has provided the applicant with a notice referred to in subsection 10(3) or has commenced an action under subsection 10.1(1) or (2) for a declaration in respect of the applicant until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.

Processing of application suspended

(2.2) If an application for renunciation is made and the Minister subsequently provides the applicant with a notice referred to in subsection 10(3) or commences an action under subsection 10.1(1) or (2) for a declaration in respect of the applicant, the processing of that application is suspended until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.

(3) Subsection 9(3) of the Act is replaced by the following:

Certificate of renunciation

(3) If an application under subsection (1) is approved by the Minister, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or any later day that the certificate may specify.

8. Section 10 of the Act is replaced by the following:

Revocation by Minister — fraud, false representation, etc.

10. (1) Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

Revocation by Minister — convictions relating to national security

(2) The Minister may revoke a person’s citizenship if the person, before or after the coming into force of this subsection and while the person was a citizen,

(a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section;

(b) was convicted of a terrorism offence as defined in section 2 of the Criminal Code — or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section — and sentenced to at least five years of imprisonment;

(c) was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously;

(d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;

(e) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 47 of the Criminal Code and sentenced to imprisonment for life;

(f) was convicted under the National Defence Act of a terrorism offence as defined in subsection 2(1) of that Act and sentenced to at least five years of imprisonment;

(g) was convicted of an offence described in section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life; or

(h) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life.

Notice

(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that specifies

(a) the person’s right to make written representations;

(b) the period within which the person may make his or her representations and the form and manner in which they must be made; and

Hearing

(4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.

Notice of decision

(5) The Minister shall provide his or her decision to the person in writing.

Revocation for fraud — declaration of Court

10.1 (1) If the Minister has reasonable grounds to believe that a person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act, the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

Revocation for engaging in armed conflict with Canada — declaration of Court

(2) If the Minister has reasonable grounds to believe that a person, before or after the coming into force of this subsection and while the person was a citizen, served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada, the person’s citizenship may be revoked only if the Minister — after giving notice to the person — seeks a declaration, in an action that the Minister commences, that the person so served, before or after the coming into force of this subsection and while they were a citizen, and the Court makes such a declaration.

Effect of declaration

(3) Each of the following has the effect of revoking a person’s citizenship or renunciation of citizenship:

(a) a declaration made under subsection (1);

(b) a declaration made under subsection (2).

Proof

(4) For the purposes of subsection (1), the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

Presumption

10.2 For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship.

Effect of revocation

10.3 A person whose citizenship is revoked under subsection 10(2) or paragraph 10.1(3)(b) becomes a foreign national within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Restriction

10.4 (1) Subsections 10(2) and 10.1(2) do not operate so as to authorize any decision, action or declaration that conflicts with any international human rights instrument regarding statelessness to which Canada is signatory.

Burden of proof

(2) If an instrument referred to in subsection (1) prohibits the deprivation of citizenship that would render a person stateless, a person who claims that subsection 10(2) or 10.1(2) would operate in the manner described in subsection (1) must prove, on a balance of probabilities, that the person is not a citizen of any country of which the Minister has reasonable grounds to believe the person is a citizen.

Inadmissibility

10.5 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall, in the originating document that commences an action under subsection 10.1(1), seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.

Party

(2) When a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1).

Removal order

(3) A declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it is made, without the necessity of holding or continuing an examination or an admissibility hearing under that Act. The removal order is a deportation order as provided for in regulations made under that Act.

Procedure

(4) If a declaration is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1).

Evidence

(5) If a declaration sought under subsection (1) is not denied under subsection (4), the Court

(a) shall assess the facts — whether acts or omissions — alleged in support of the declaration on the basis of reasonable grounds to believe that they have occurred, are occurring or may occur;

(b) shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(1); and

(c) with respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

Single judgment

(6) The Court shall issue a single judgment in respect of the declarations sought under subsections (1) and 10.1(1).

No appeal from interlocutory judgment

10.6 Despite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or (2) or 10.5(1).

No appeal unless question stated

10.7 An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

9. (1) Paragraph 11(1)(b) of the Act is replaced by the following:

(b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;

(b.1) is not the subject of a declaration made under section 20;

2001, c. 27, s. 229

(2) Subsection 11(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

(d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident,

(i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

(ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made; and

(e) intends, if granted citizenship,

(i) to continue to reside in Canada,

(3) Section 11 of the Act is amended by adding the following after subsection (1):

Canadian Armed Forces — permanent resident

(1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, within the year immediately preceding the date of the application, completed six months of service in the Canadian Armed Forces. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

Canadian Armed Forces — person attached or seconded

(1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the year immediately preceding the date of the application, completed six months of service with the Canadian Armed Forces.

(4) Subsections 11(1.1) and (1.2) of the Act are replaced by the following:

Canadian Armed Forces — permanent resident

(1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

(a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and

(b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

Canadian Armed Forces — person attached or seconded

(1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.

2008, c. 14, s. 13(4)

10. Part IV of the Act is replaced by the following:

PART IV

EVIDENCE OF CITIZENSHIP

Application for evidence of citizenship

12. (1) The Minister shall — on application by a person — determine, including by way of an electronic system, whether they are a citizen and, if they are,

(a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or

(b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.

Providing evidence of citizenship on acquisition

(2) After a person acquires citizenship as a result of an application under section 5 or 5.1 or subsection 11(1), the Minister shall

(a) issue a certificate of citizenship to the person; or

(b) provide the person with some other means to establish their citizenship.

2008, c. 14, s. 9

11. Section 13 of the Act is replaced by the following:

Applications

13. An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:

(a) the application is made in the form and manner and at the place required under this Act;

(b) it includes the information required under this Act;

Suspension of processing

13.1 The Minister may suspend the processing of an application for as long as is necessary to receive

(a) any information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies with respect to the applicant; and

(b) in the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the determination as to whether a removal order is to be made against the applicant.

Abandonment of application

13.2 (1) The Minister may treat an application as abandoned

(a) if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1,

(i) in the case where the Minister requires additional information or evidence without requiring an appearance, to provide the additional information or evidence by the date specified, or

(ii) in the case where the Minister requires an appearance for the purpose of providing additional information or evidence, to appear at the time and at the place — or at the time and by the means — specified or to provide the additional information or evidence at his or her appearance; or

(b) in the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails, without reasonable excuse, to appear and take the oath at the time and at the place — or at the time and by the means — specified in an invitation from the Minister.

Effect of abandonment

(2) If the Minister treats an application as abandoned, no further action is to be taken with respect to it.

2008, c. 14, s. 10

12. (1) Subsection 14(1) of the Act is replaced by the following:

Consideration by citizenship judge

14. (1) If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on which the application is referred:

(a) paragraph 5(1)(c), in the case of an application for citizenship under subsection 5(1);

(b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and

(2) Paragraphs 14(1)(a) to (c) of the Act are replaced by the following:

(a) subparagraphs 5(1)(c)(i) and (ii), in the case of an application for citizenship under subsection 5(1);

(b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and

2001, c. 27, s. 230

(3) Subsections 14(1.1) to (6) of the Act are replaced by the following:

Interruption of proceedings

(1.1) Despite subsection (1), the citizenship judge is not authorized to make a determination until

(a) the completion of any investigation or inquiry for the purpose of ascertaining whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies to the applicant; and

(b) if the applicant is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, a determination as to whether a removal order is to be made against that applicant.

Application returned to Minister

(1.2) Despite subsection (1), the citizenship judge is not authorized to make a determination if

(a) after the completion of an investigation or inquiry referred to in paragraph (1.1)(a), it is determined that section 20 or 22 applies to the applicant; and

(b) after an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant.

Notice to Minister

(2) Without delay after making a determination under subsection (1) in respect of an application, the citizenship judge shall approve or not approve the application in accordance with his or her determination, notify the Minister accordingly and provide the Minister with the reasons for his or her decision.

Notice to applicant

(3) If a citizenship judge does not approve an application under subsection (2), the citizenship judge shall without delay notify the applicant of his or her decision, of the reasons for it and of the right to apply for judicial review.

2002, c. 8, par. 182(1)(j)

13. Sections 15 to 17 of the Act are replaced by the following:

Obligation — answer truthfully

15. A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.

14. Section 18 of the Act is repealed.

15. (1) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:

Report to Review Committee

(2) The Minister may make a report to the Review Committee if the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person has engaged, is engaging or may engage in activity

(2) The portion of subsection 19(2) of the English version of the Act after paragraph (b) is repealed.

1997, c. 22, s. 3

16. (1) Subsection 20(1) of the Act is replaced by the following:

Declaration by Governor in Council — security

20. (1) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 if, after considering the report made under subsection 19(6) by the Review Committee or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b).

(2) Subsection 20(2) of the Act is replaced by the following:

Effect on applications and appeals

(2) If a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be refused and any related application for judicial review or appeal is deemed to be dismissed.

(3) Subsection 20(3) of the Act is replaced by the following:

Expiration of declaration

(3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it is made.

17. The portion of section 21 of the Act before paragraph (a) is replaced by the following:

Periods not counted as physical presence

21. Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person has been, under any enactment in force in Canada,

18. The Act is amended by adding the following after section 21:

Representation or advice for consideration

21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.

Persons who may represent or advise

(2) Subsection (1) does not apply to

(a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

(b) any other member in good standing of a law society of a province; or

Students-at-law

(3) Subsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.

Agreement or arrangement with Her Majesty

(4) Subsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

Designation by Minister

(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.

Regulations — required information

(6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.

Regulations — transitional measures

(7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures

(a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and

(b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act without contravening subsection (1).

Persons made members of body

(8) For greater certainty, nothing in the measures described in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.

Meaning of “proceeding”

(9) For greater certainty, in this section “proceeding” does not include a proceeding before a superior court.

1992, c. 47, s. 67(1)

19. (1) Paragraph 22(1)(b) of the Act is replaced by the following:

(a.1) while the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;

(a.2) while the person is serving a sentence outside Canada for an offence under any Act of Parliament;

(b) while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;

(b.1) subject to subsection (1.1), while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;

1992, c. 49, s. 124

(2) Subsection 22(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by replacing paragraph (f) with the following:

(e.1) if the person directly or indirectly misrepresents or withholds material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act;

(e.2) if, during the five years immediately before the person’s application, the person was prohibited from being granted citizenship or taking the oath of citizenship under paragraph (e.1);

(f) if, during the 10 years immediately before the person’s application, the person ceased to be a citizen under paragraph 10(1)(a), as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, or under subsection 10(1) or paragraph 10.1(3)(a); or

(g) if the person’s citizenship has been revoked under subsection 10(2) or paragraph 10.1(3)(b).

R.S., c. 30 (3rd Supp.), s. 11(2)(E); 1992, c. 47, s. 67(2); 2008, c. 14, s. 11(2)

(3) Subsection 22(2) of the Act is replaced by the following:

Waiver

(1.1) The Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compas- sionate grounds.

Prohibition

(2) Despite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act,

(a) during the four-year period immediately before the date of the person’s application; or

(b) during the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship.

Prohibition — conviction of offence outside Canada

(3) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred during

(a) the four-year period immediately before the date of the person’s application; or

(b) the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship.

Prohibition — specific cases

(4) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person, before or after the coming into force of this subsection and while the person was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

(a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section;

(c) was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously;

(d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;

(f) was convicted under the National Defence Act of a terrorism offence as defined in subsection 2(1) of that Act and sentenced to at least five years of imprisonment;

(g) was convicted of an offence described in section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life;

(i) served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada.

Exceptional circumstances

(5) If the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person.

Prohibition — taking oath

(6) Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship.

20. The Act is amended by adding the following after section 22:

PART V.1

Explanatory Notes

Citizenship Act

Clause 2: (1) and (2) Relevant portion of subsection 3(1):

3. (1) Subject to this Act, a person is a citizen if

...

(f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:

...

(ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions:

(3) to (6) New.

(7) and (9) Relevant portion of subsection 3(3):

(3) Subsection (1) does not apply to a person born outside Canada

(a) if, at the time of his or her birth or adoption, only one of the person’s parents is a citizen and that parent is a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents are citizens under any of those paragraphs; or

(b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:

(10) Existing text of subsection 3(4):

(4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, is a citizen.

(11) New.

(12) Existing text of subsection 3(5):

(5) Subsection (3) does not apply to a person if one or both of the person’s parents, as provided for in that subsection, were, at the time of the person’s birth or adoption, employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

(13) to (15) New.

(16) and (17) Relevant portion of subsection 3(7):

(7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force

(18) Relevant portion of subsection 3(8):

(8) With respect to any period before the coming into force of this subsection,

(a) subsection (7) does not have the effect of conferring on a person any rights, powers or privileges, or imposing on a person any obligations, duties or liabilities, under any Act of Parliament other than this Act or any other law; and

(19) New.

Clause 3: (1) Relevant portion of subsection 5(1):

5. (1) The Minister shall grant citizenship to any person who

...

(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:

(i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and

(ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;

(d) has an adequate knowledge of one of the official languages of Canada;

(e) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

(2) Existing text of subsection 5(1.1):

(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

(3) New.

(5) Existing text of subsection 5(2):

(2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and is the minor child of a citizen if an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child.

(6) Relevant portion of subsection 5(3):

(3) The Minister may, in his discretion, waive on compassionate grounds,

(a) in the case of any person, the requirements of paragraph (1)(d) or (e);

(b) in the case of a minor, the requirement respecting age set out in paragraph (1)(b), the requirement respecting length of residence in Canada set out in paragraph (1)(c) or the requirement to take the oath of citizenship; and

(7) Existing text of subsection 5(4):

(4) In order to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada, and notwithstanding any other provision of this Act, the Governor in Council may, in his discretion, direct the Minister to grant citizenship to any person and, where such a direction is made, the Minister shall forthwith grant citizenship to the person named in the direction.

(8) Relevant portion of subsection 5(5):

(5) The Minister shall, on application, grant citizenship to a person who

...

(d) has resided in Canada for at least three years during the four years immediately before the date of his or her application;

Clause 4: (1) and (3) Relevant portion of subsection 5.1(1):

5.1 (1) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption

(4) and (6) Relevant portion of subsection 5.1(2):

(2) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if

...

(b) the adoption meets the requirements set out in paragraphs (1)(c) and (d).

(7) Relevant portion of subsection 5.1(3):

(3) The Minister shall on application grant citizenship to a person in respect of whose adoption — by a citizen who is subject to Quebec law governing adoptions — a decision was made abroad on or after January 1, 1947 if

(9) and (11) New.

Clause 5: New.

Clause 6: Existing text of section 7:

7. A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(j.1).

Clause 7: (1) Relevant portion of subsection 9(1):

9. (1) A citizen may, on application, renounce his citizenship if he

(2) New.

(3) Existing text of subsection 9(3):

(3) Where an application for renunciation is approved, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or such later day as the certificate may specify.

Clause 8: Existing text of section 10:

10. (1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances,

(a) the person ceases to be a citizen, or

(b) the renunciation of citizenship by the person shall be deemed to have had no effect,

as of such date as may be fixed by order of the Governor in Council with respect thereto.

(2) A person shall be deemed to have obtained citizenship by false representation or fraud or by knowingly concealing material circumstances if the person was lawfully 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 citizenship.

Clause 9: (1) and (2) Relevant portion of subsection 11(1):

11. (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

...

(b) is not the subject of an order of or a declaration by the Governor in Council made pursuant to section 10 or 20 of this Act or section 18 of the former Act;

...

(d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and has, since having ceased to be a citizen and become a permanent resident, resided in Canada for at least one year immediately preceding the date of the application.

(3) New.

Clause 10: Existing text of Part IV:

PART IV

CERTIFICATE OF CITIZENSHIP

12. (1) Subject to any regulations made under paragraph 27(i), the Minister shall issue a certificate of citizenship to any citizen who has made application therefor.

(2) When an application under section 5 or 5.1 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.

(3) A certificate issued pursuant to this section does not take effect until the person to whom it is issued has complied with the requirements of this Act and the regulations respecting the oath of citizenship.

Clause 11: Existing text of section 13:

13. When an application is made or a notice is given under this Act

(a) it shall be made or given in such form and manner and at such place, and

(b) such evidence shall be provided and such fees shall be paid with respect thereto,

as are prescribed by the Minister pursuant to this Act or by the regulations.

Clause 12: (1) and (3) Existing text of subsections 14(1) to (6):

14. (1) An application for

(a) a grant of citizenship under subsection 5(1) or (5),

(b) [Repealed, 2008, c. 14, s. 10]

(d) a resumption of citizenship under subsection 11(1)

shall be considered by a citizenship judge who shall, within sixty days of the day the application was referred to the judge, determine whether or not the person who made the application meets the requirements of this Act and the regulations with respect to the application.

(1.1) Where an applicant is a permanent resident who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.

(1.2) [Repealed, 2001, c. 27, s. 230]

(2) Forthwith after making a determination under subsection (1) in respect of an application referred to therein but subject to section 15, the citizenship judge shall approve or not approve the application in accordance with his determination, notify the Minister accordingly and provide the Minister with the reasons therefor.

(3) Where a citizenship judge does not approve an application under subsection (2), the judge shall forthwith notify the applicant of his decision, of the reasons therefor and of the right to appeal.

(4) A notice referred to in subsection (3) is sufficient if it is sent by registered mail to the applicant at his latest known address.

(5) The Minister or the applicant may appeal to the Court from the decision of the citizenship judge under subsection (2) by filing a notice of appeal in the Registry of the Court within sixty days after the day on which

(a) the citizenship judge approved the application under subsection (2); or

(b) notice was mailed or otherwise given under subsection (3) with respect to the application.

(6) A decision of the Court pursuant to an appeal made under subsection (5) is, subject to section 20, final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.

Clause 13: Existing text of sections 15 to 17:

15. (1) Where a citizenship judge is unable to approve an application under subsection 14(2), the judge shall, before deciding not to approve it, consider whether or not to recommend an exercise of discretion under subsection 5(3) or (4) or subsection 9(2) as the circumstances may require.

(2) Where a citizenship judge makes a recommendation for an exercise of discretion under subsection (1), the judge shall

(a) notify the applicant;

(b) transmit the recommendation to the Minister with the reasons therefor; and

(c) in accordance with the decision that has been made in respect of his recommendation, forthwith on the communication of the decision to the judge approve or not approve the application.

16. Notwithstanding section 28 of the Federal Courts Act, the Federal Court of Appeal does not have jurisdiction to hear and determine an application to review and set aside a decision made under this Act if the decision may be appealed under section 14 of this Act.

17. Where a person has made an application under this Act and the Minister is of the opinion that there is insufficient information to ascertain whether that person meets the requirements of this Act and the regulations with respect to the application, the Minister may suspend the processing of the application for the period, not to exceed six months immediately following the day on which the processing is suspended, required by the Minister to obtain the necessary information.

Clause 14: Existing text of section 18:

18. (1) The Minister shall not make a report under section 10 unless the Minister has given notice of his 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 sent, request that the Minister refer the case to the Court; or

(b) that person does so request and the Court decides that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.

(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 sent to him, request that the Minister refer the case to the Court, and such notice is sufficient if it is sent by registered mail to the person at his latest known address.

(3) A decision of the Court made under subsection (1) is final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.

Clause 15: (1) and (2) Relevant portion of subsection 19(2):

(2) Where the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person will engage in activity

...

the Minister may make a report to the Review Committee.

Clause 16: (1) to (3) Existing text of subsections 20(1) to (3):

20. (1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 where, after considering the report made under subsection 19(6) by the Review Committee or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made will engage in an activity described in paragraph 19(2)(a) or (b).

(2) Where a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be not approved and any appeal made by him under subsection 14(5) is deemed to be dismissed.

(3) A declaration made under subsection (1) ceases to have effect two years after the day on which it was made.

Clause 17: Relevant portion of section 21:

21. Notwithstanding anything in this Act, no period may be counted as a period of residence for the purpose of this Act during which a person has been, pursuant to any enactment in force in Canada,

Clause 18: New.

Clause 19: (1) and (2) Relevant portion of subsection 22(1):

22. (1) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship

...

(b) while the person is charged with, on trial for or subject to or a party to an appeal relating to an offence under subsection 29(2) or (3) or an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;

...

(f) if, during the five years immediately preceding the person’s application, the person ceased to be a citizen pursuant to subsection 10(1).

(3) Existing text of subsection 22(2):

(2) Despite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if,

(a) during the three year period immediately preceding the date of the person’s application, or

(b) during the period between the date of the person’s application and the date that the person would otherwise be granted citizenship or take the oath of citizenship,

the person has been convicted of an offence under subsection 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act.

Clause 20: New.