This enactment amends the Citizenship Act to, among other things,

(a) permit certain persons who lost their Canadian citizenship for a specified reason to regain citizenship;

(b) allow a person to acquire Canadian citizenship despite being born outside Canada to a Canadian parent who was born outside Canada if the person establishes that the parent has or had a substantial connection to Canada;

(c) provide for a hearing by the Immigration Appeal Division before a person’s citizenship may be revoked for false representation or fraud or for knowingly concealing material circumstances;

(d) limit the period for which the Minister may suspend the processing of an application for citizenship;

(e) provide that the prohibition against granting citizenship does not apply in respect of a person who was dealt with under the Youth Criminal Justice Act or would have been if the offence had been committed in Canada; and

(f) clarify that no decision, action or declaration may be made that would render a person stateless.

It also amends the Immigration and Refugee Protection Act to repeal provisions related to inadmissibility and loss of status resulting from the cessation of refugee protection for permanent residents.

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

• Start of inserted block

  (a.‍1) a stateless person is a person who is not considered a national by any state under the operation of its laws and includes a person who is, in fact, a national of a state but is not recognized as such by that state;

  End of inserted block

• (iii) the person Insertion start made Insertion end an application to retain his or her citizenship under section 8 as it read before Insertion start April 17, 2009, Insertion end that subsequently was not approved.

• Start of inserted block

  (g.‍1) the person was born outside Canada after February 14, 1977, and would be a citizen if he or she had made an application to retain his or her citizenship under section 8, as it read before April 17, 2009;

  End of inserted block

Exception

(4) Subsection (3) does not apply to a person who was a citizen Insertion start on June 11, 2015 Insertion end .

• (e) if under Insertion start 55 Insertion end years of age at the date of his or her application, demonstrates that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

Grant of citizenship

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

• (a) is born outside Canada after April 16, 2009, to a parent born outside Canada who was a citizen at the time of the person’s birth;

• (b) has been physically present in Canada for at least 1,095 days or has established a substantial connection to Canada; and

• (c) has established that the parent referred to in paragraph (a) has or had a substantial connection to Canada.

  End of inserted block

Revocation by Minister — fraud, false representation, etc.

10 (1) Subject to subsection 10.‍1(1), the Insertion start Immigration Appeal Division of the Immigration and Refugee Board (in this section referred to as the “Appeal Division”) Insertion end may Insertion start , on a report from the Insertion end Minister Insertion start , if Insertion end satisfied on a balance of probabilities that a person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, revoke the person’s citizenship or renunciation of citizenship.

Immigration and Refugee Protection Act

(2) Sections 162 to 164, 166 to 169, 174 and 175 of the Immigration and Refugee Protection Act apply, with any modifications that the circumstances require, to proceedings under this section.

Powers of a commissioner

(3) For the purposes of this section, the Appeal Division and each member of that Division have the powers and authority of a commissioner appointed under Part I of the Inquiries Act and may do any other thing they consider necessary to provide a full and proper hearing.

Notice

(4) Before Insertion start making a report to the Appeal Division Insertion end , 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

• (c) the grounds on which the Minister is relying to make Insertion start the report Insertion end .

Notice of decision

(5) The Minister shall provide to the person, in writing, his or her decision Insertion start on whether to make a report Insertion end .

Restriction

10.‍21 Sections 10 and 10.‍1 do not operate so as to author­ize any decision, action or declaration that would render a person stateless or that would otherwise conflict with any international human rights instrument regarding statelessness to which Canada is signatory.

Suspension of processing

13.‍1  Insertion start (1) Insertion end  The Minister may suspend the processing of an application for Insertion start up to 90 days if it Insertion end is necessary to receive

(2) Section 13.‍1 of the Act is amended by adding the following after subsection (1):

Extension

(2) The Minister may, after notifying the applicant, extend the period of suspension for further periods, each not exceeding 90 days, if the Minister is satisfied that it is necessary to receive the information described in paragraphs (1)‍(a) and (b).

Prohibition

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

(2) Paragraphs 22(1)‍(a.‍1) and (a.‍2) of the Act are repealed.

(3) Paragraph 22(1)‍(b.‍1) of the Act is repealed.

(4) Subsection 22(1.‍1) of the Act is replaced by the following:

Limitation

(1.‍1) Subsection (1) does not apply if, with respect to an offence, the person was dealt with under the Youth Criminal Justice Act or would have been if the offence had been committed in Canada.

(5) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:

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) 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,

(6) Subsection 22(3) of the Act is repealed.

Precision

22.‍1  Insertion start For greater certainty, Insertion end an application for judicial review with respect to any matter under this Act may be made Insertion start under the Federal Courts Act Insertion end .

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

• (i) who are citizens under paragraph 3(1)‍(f), (g) or Insertion start (g.‍1) Insertion end ,