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Bill C-75

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First Reading

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2nd Session, 41st Parliament,

62-63-64 Elizabeth II, 2013-2014-2015

house of commons of canada

BILL C-75

An Act to amend the Citizenship Act and to make a consequential amendment to another Act

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 Oath of Citizenship Act.

R.S., c. C-29

CITIZENSHIP ACT

2. Subsection 13.2(1) of the Citizenship Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

(c) in the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails to take the oath in accordance with this Act.

3. Section 24 of the Act is replaced by the following:

Requirement to take oath of citizenship

24. (1) If a person is required under this Act to take the oath of citizenship, the person shall swear or affirm the oath out loud and with their face uncovered, in the form set out in the schedule and in accordance with the regulations.

Citizenship ceremony

(2) If a person is required to take the oath of citizenship at a citizenship ceremony, the person shall take the oath at the time, during the ceremony, when the oath is administered to the applicants.

Waiver

(3) The Minister may, in his or her discretion, waive either or both of the requirements to take the oath of citizenship out loud and with the person’s face uncovered if the Minister is satisfied that the person is unable to comply with those requirements because of a mental or physical disability.

TRANSITIONAL PROVISION

Existing applications

4. The provisions of the Citizenship Act, as enacted by this Act, apply to a person who made an application under subsection 5(1) or (2) or 11(1) of that Act before the day on which this Act comes into force but who has not taken the oath of citizenship before that day.

2014, c. 22

CONSEQUENTIAL AMENDMENT TO THE STRENGTHENING CANADIAN CITIZENSHIP ACT

5. Section 26 of the Strengthening Canadian Citizenship Act is amended by replacing the paragraph 27.2(d) that it enacts with the following:

(d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3), 9(2) or 24(3) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.

COORDINATING AMENDMENTS

2014, c. 22

6. (1) If section 26 of the Strengthening Canadian Citizenship Act (in this section referred to as the “other Act”) comes into force before section 5 of this Act, then

(a) that section 5 is deemed never to have come into force and is repealed; and

(b) paragraph 27.2(d) of the Citizenship Act is replaced by the following:

(2) If section 26 of the other Act comes into force on the same day as section 5 of this Act, then that section 5 is deemed to have come into force before that section 26.

Published under authority of the Speaker of the House of Commons

Explanatory Notes

Citizenship Act

Clause 2: Relevant portion of subsection 13.2(1):

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

Clause 3: Existing text of section 24:

24. Where a person is required under this Act to take the oath of citizenship, the person shall swear or affirm in the form set out in the schedule and in accordance with the regulations.

Strengthening Canadian Citizenship Act

Clause 5: Relevant portion of enacted section 27.2:

27.2 The Minister may make regulations

...

(d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.