Bill C-24

TRANSITIONAL PROVISIONS

31. (1) Subject to subsections (2) and (3), an application that was made under subsection 5(1), (2), or (5), 5.1(1), (2) or (3), 9(1) or 11(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accord­ance with

(a) the provisions of that Act — except section 3, subsection 5(4), sections 5.1 and 14 and paragraph 22(1)(f) — as they read immediately before that day; and

(b) the following provisions of that Act as they read on that day:

(i) section 3,

(ii) paragraph 5(2)(b) and subsection 5(4),

(iii) section 5.1 other than paragraph (1)(c.1),

(iv) sections 13.1 to 14, and

(v) paragraphs 22(1)(a.1), (a.2), (b.1), (e.1), (e.2) and (f) and subsections 22(1.1), (3) and (4).

(2) On the day on which section 11 comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that section 11.

(3) On the day on which subsection 2(2) comes into force

(a) the reference to section 11 in subsection (1) is replaced by a reference to that subsection 2(2); and

(b) the requirement described in paragraph 5(1)(c) or 11(1)(d) of that Act, as enacted by subsections 3(1) and 9(2), respectively, that a person have no unfulfilled conditions relating to their status as a permanent resident, applies to an application referred to in subsection (1).

32. If, immediately before the day on which section 8 comes into force, the Minister, within the meaning of the Citizenship Act, was entitled to make or had made a report referred to in section 10 of that Act, as that section 10 read immediately before that day, the matter is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.

33. If a matter is the subject of an order that is made under subsection 10(1) of the Citizenship Act before the day on which section 8 comes into force or as a result of the application of section 32 or subsection 40(1) and that is set aside by the Federal Court and referred back for determination, the matter is to be determined by the Governor in Council in accordance with that subsection 10(1) as it read immediately before that day.

34. (1) Subject to subsection (2), subsections 5(1.2) and (1.3) and 11(1.1) and (1.2) of the Citizenship Act, as enacted by subsections 3(3) and 9(3), respectively, continue to apply in respect of applications that were made before the day on which subsections 3(4) and 9(4) come into force and were not finally disposed of before that day.

(2) The requirement described in subsections 5(1.2) and 11(1.1) of the Citizenship Act, as enacted by subsections 3(4) and 9(4), respectively, that a person have no unfulfilled conditions relating to his or her status as a permanent resident applies in respect of applications referred to in subsection (1).

35. Any decision that is made under section 5, 9 or 11 of the Citizenship Act before the day on which subsection 12(1) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after the day on which that subsection comes into force is to be determined in accordance with that Act as it reads on that day.

36. In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, any decision that is made under section 5 or 11 of that Act before the day on which that section 14 expires and that is set aside by the Federal Court and sent back for a redetermination on or after that day is to be determined in accordance with that Act as it reads on that day.

37. (1) An application that was made under subsection 12(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with

(a) the provisions of that Act — except section 3 — as they read immediately before that day; and

(b) section 3 of that Act as it reads on that day.

(2) On the day on which subsection 2(2) comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that subsection 2(2).

38. In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, every application that is referred to a citizenship judge for determination under that section 14 and in respect of which a decision to approve or not to approve is not made before the expiry of that section 14 is to be dealt with and disposed of in accordance with the provisions of that Act, as if that section 14 had been repealed.

39. An appeal under subsection 14(5) of the Citizenship Act — or an application for judicial review with respect to any matter under that Act — that was commenced before the day on which section 20 comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with that Act and the Federal Courts Act as they read immediately before that day.

40. (1) A proceeding that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.

(2) Any proceeding with respect to allegations 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, that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be continued as a proceeding under subsection 10.1(1) of the Citizenship Act, as enacted by section 8.

(3) In a proceeding that is continued as set out in subsection (2), the Minister of Citizenship and Immigration, on the request of the Minister of Public Safety and Emergency Preparedness, may seek a declaration that the person 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.

(4) If, immediately before the coming into force of section 8, a notice has been given under subsection 18(1) of the Citizenship Act, as that subsection read immediately before that coming into force, and the case is not provided for under section 32 or any of subsections (1) to (3), the notice is cancelled and any proceeding arising from it is terminated on that coming into force, in which case the Minister, within the meaning of that Act, may provide the person to whom that notice was given a notice under subsection 10(3) of that Act, as enacted by section 8, or may commence an action for a declaration in respect of that person under subsection 10.1(1) of that Act, as enacted by section 8.

CONSEQUENTIAL AMENDMENTS

Federal Courts Act

41. Section 21 of the Federal Courts Act is repealed.

Immigration and Refugee Protection Act

42. Paragraph 40(1)(d) of the Immigration and Refugee Protection Act is replaced by the following:

(d) on ceasing to be a citizen under

(i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,

(ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or

(iii) Paragraph 10.1(3)(a) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

43. Subsection 46(2) of the Act is replaced by the following:

(2) A person becomes a permanent resident if he or she ceases to be a citizen under

(a) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, other than in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force;

(b) subsection 10(1) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act; or

(c) paragraph 10.1(3)(a) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act.

COORDINATING AMENDMENTS

44. (1) In this section, “other Act” means the Economic Action Plan 2013 Act, No. 1.

(2) If section 170 of the other Act comes into force before subsection 24(2) of this Act, then that subsection 24(2) is repealed.

(3) If section 170 of the other Act comes into force on the same day as subsection 24(2) of this Act, then that subsection 24(2) is deemed to have come into force before that section 170.

(4) On the first day on which both section 27.2 of the Citizenship Act, as enacted by section 171 of the other Act, and section 27.2 of the Citizenship Act, as enacted by section 26 of this Act, are in force, section 27.2 of the Citizenship Act, as enacted by section 171 of the other Act, is renumbered as section 27.3 and is repositioned accordingly if required.

45. (1) Subsections (2) to (4) apply if Bill C-425, introduced in the 1st session of the 41st Parliament and entitled An Act to amend the Citizenship Act (honouring the Canadian Armed Forces) (in this section referred to as the “other Act”), receives royal assent.

(2) If the other Act comes into force before subsection 3(3) of this Act, then, on the day on which that subsection 3(3) comes into force, paragraph 5(1)(e.1), subsections 9(1.1) and (1.2) and paragraph 11(1)(c.1) of the Citizenship Act are repealed and the Citizenship Act is amended by adding “and” at the end of paragraphs 5(1)(e) and 11(1)(c).

(3) If subsection 3(3) of this Act comes into force before the other Act, then, on the day on which the other Act comes into force, the other Act is deemed never to have come into force and is repealed.

(4) If subsection 3(3) of this Act comes into force on the same day as the other Act, then that subsection 3(3) is deemed to have come into force before the other Act and subsection (3) applies as a consequence.

COMING INTO FORCE

46. (1) Subsection 7(3), section 11, subsections 12(1) and (3), section 13, subsection 16(2) and sections 20, 22, 27 and 41 come into force on a day to be fixed by order of the Governor in Council.

(2) Subsections 2(2), (3), (5), (6), (8), (11), (15) and (17) to (19), 3(1), (2), (4) to (6) and (8) and 4(2), (3), (5), (6), (8), (10) and (11), section 6, subsections 7(1) and (2), section 8, subsections 9(1), (2) and (4), section 10, subsection 12(2), sections 14 and 15, subsections 16(1) and (3), sections 17 to 19, 21 and 23, subsections 24(2) to (6) and sections 25, 28 to 30, 42 and 43 come into force on a day to be fixed by order of the Governor in Council that is made not earlier than one day after the day on which an order is made under subsection (1).

(3) Subsection 24(1) and section 26 come into force on a day to be fixed by order of the Governor in Council.

(4) Subsections 2(4), (7), (9), (10), (12), (14) and (16) and 4(1), (4), (7) and (9) are deemed to have come into force on April 17, 2009.