Bill C-6
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- ENGLISH
- SUMMARY SUMMARY
- Citizenship Act Citizenship Act
- Transitional Provisions Transitional Provisions
- Prohibition on Taking Oath of Citizenship Prohibition on Taking Oath of Citizenship
- Consequential Amendments to the Immigration and Refugee Protection Act Consequential Amendments to the Immigration and Refugee Protection Act
- Coming into Force Coming into Force
- EXPLANATORY NOTES EXPLANATORY NOTES
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First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 |
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HOUSE OF COMMONS OF CANADA |
An Act to amend the Citizenship Act and to make consequential amendments to another Act
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FIRST READING, February 25, 2016
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MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP |
SUMMARY
This enactment amends the Citizenship Act to, among other things,
(a) remove the grounds for the revocation of Canadian citizenship that relate to national security;
(b) remove the requirement that an applicant intend, if granted citizenship, to continue to reside in Canada;
(c) reduce the number of days during which a person must have been physically present in Canada before applying for citizenship and provide that, in the calculation of the length of physical presence, the number of days during which the person was physically present in Canada before becoming a permanent resident may be taken into account;
(d) limit the requirement to demonstrate knowledge of Canada and of one of its official languages to applicants between the ages of 18 and 54; and
(e) authorize the Minister to seize any document that he or she has reasonable grounds to believe was fraudulently or improperly obtained or used or could be fraudulently or improperly used.
It also makes consequential amendments to the Immigration and Refugee Protection Act.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 |
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HOUSE OF COMMONS OF CANADA |
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BILL C-6 |
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An Act to amend the Citizenship Act and to make consequential amendments to another Act |
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-29
Citizenship Act
2014, c. 22, s. 3(1)
1 (1) The portion of paragraph 5(1)(c) of the Citizenship Act before subparagraph (i) is replaced by the following:
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(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
2014, c. 22, s. 3(1)
(2) Subparagraph 5(1)(c)(i) of the Act is replaced by the following:
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(i) been physically present in Canada for at least Insertion start 1,095 Insertion end days during the Insertion start five Insertion end years immediately before the date of his or her application, Insertion start and Insertion end
2014, c. 22, s. 3(1)
(3) Subparagraph 5(1)(c)(ii) of the Act is repealed.
2014, c. 22, s. 3(1)
(4) Subparagraph 5(1)(c)(iii) of the Act is replaced by the following:
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(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of Insertion start three Insertion end taxation years that are fully or partially within the Insertion start five Insertion end years immediately before the date of his or her application;
2014, c. 22, s. 3(1)
(5) Paragraph 5(1)(c.1) of the Act is repealed.
2014, c. 22, s. 3(1)
(6) Paragraphs 5(1)(d) and (e) of the Act are replaced by the following:
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(d) if under Insertion start 55 Insertion end years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;
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(e) if under Insertion start 55 Insertion end 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
(7) Section 5 of the Act is amended by adding the following after subsection (1):
Length of physical presence — calculation
Start of inserted block(1.001) For the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner:
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(a) for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days; and
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(b) for every day during which the person has been physically present in Canada since becoming a permanent resident, the person accumulates one day of physical presence.
End of inserted block
2014, c. 22, s. 3(2)
(8) Subsection 5(1.1) of the Act is repealed.
2014, c. 22, s. 3(5)
(9) Subsection 5(2) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).
2014, c. 22, s. 3(6)
(10) Paragraph 5(3)(a) of the Act is replaced by the following:
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(a) in the case of any person, the requirements of paragraph (1)(d) or (e);
2014, c. 22, s. 3(6)
(11) Paragraph 5(3)(b) of the Act is amended by adding “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).
2014, c. 22, s. 3(6)
(12) Subsection 5(3) of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (b.1).
2014, c. 22, s. 7(2)
2 Subsections 9(2.1) and (2.2) of the Act are replaced by the following:
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) 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) 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.
2014, c. 22, s. 8
3 Subsection 10(2) of the Act is repealed.
2014, c. 22, s. 8
4 Subsections 10.1(2) and (3) of the Act are replaced by the following:
Effect of declaration
(3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.
2014, c. 22, s. 8
5 Sections 10.3 and 10.4 of the Act are repealed.
2014, c. 22, s. 8
6 Section 10.6 of the Act is replaced by the following:
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 10.5(1).
2014, c. 22, s. 9(2)
7 Subsection 11(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (c) and by repealing paragraph (e).
2014, c. 22, s. 12(1)
8 Paragraph 14(1)(a) of the Act is replaced by the following:
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(a) Insertion start subparagraph Insertion end 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);
2014, c. 22, s. 17
9 (1) The portion of section 21 of the English version of the Act before paragraph (c) 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, under any enactment in force in Canada,
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(a) has been under a probation order;
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(b) Insertion start has been Insertion end a paroled inmate; or
(2) Paragraph 21(c) of the Act is replaced by the following:
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(c) Insertion start has served a term Insertion end of Insertion start imprisonment Insertion end .
R.S., c. 30 (3rd Supp.), s. 11(1)
10 (1) The portion of paragraph 22(1)(a) of the English version of the Act before subparagraph (iii) is replaced by the following:
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(a) while the person, Insertion start under Insertion end any enactment in force in Canada,
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(i) is under a probation order,
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(ii) Insertion start is Insertion end a paroled inmate, or
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R.S., c. 30 (3rd Supp.), s. 11(1)
(2) Subparagraph 22(1)(a)(iii) of the Act is replaced by the following:
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(iii) Insertion start is serving a term Insertion end of Insertion start imprisonment Insertion end ;
2014, c. 22, s. 19(2)
(3) Subsection 22(1) of the Act is amended by adding “or” at the end of paragraph (e.2) and by replacing paragraphs (f) and (g) with the following:
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(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 10.1(3).
11 The Act is amended by adding the following after section 23.1:
Seizure
Start of inserted block23.2 The Minister may seize and detain any document that is provided to him or her for the purposes of this Act if he or she has reasonable grounds to believe that it was fraudulently or improperly obtained or used or that the measure is necessary to prevent its fraudulent or improper use.
End of inserted block12 Subsection 27(1) of the Act is amended by adding the following after paragraph (i.1):
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Start of inserted block
(i.2) prescribing the procedures to be followed in relation to a document that may be seized under section 23.2, including in relation to its seizure, storage, return and disposition;
End of inserted block
2014, c. 22, s. 26
13 The portion of paragraph 27.2(c) of the Act before subparagraph (i) is replaced by the following:
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(c) with regard to the requirements of paragraphs 5(1)(d) and (e),
Transitional Provisions
Presence in Canada — pending applications
14 Paragraphs 5(1)(c) and 14(1)(a) of the Citizenship Act, as they read immediately before the day on which subsection 1(1) comes into force, apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
Presence in Canada — pending applications (subsections 1(1) and (2))
15 If subsection 1(1) comes into force before subsection 1(2), then paragraph 5(1)(c) of the Citizenship Act, as it read immediately before the day on which subsection 1(2) comes into force, applies to a person whose application for citizenship is made on or after the day on which subsection 1(1) comes into force but before the day on which subsection 1(2) comes into force and has not been finally disposed of before the day on which subsection 1(2) comes into force.
Intention to reside in Canada — citizenship granted
16 Paragraph 5(1)(c.1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, is deemed never to have applied to a person whose application for citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that subsection comes into force.
Intention to reside in Canada — pending applications
17 Paragraph 5(1)(c.1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, does not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
Knowledge of Canada and official language — pending applications
18 Paragraphs 5(1)(d) and (e) of the Citizenship Act, as enacted by subsection 1(6), apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
Knowledge of Canada and official language (minors) — pending applications
19 Paragraphs 5(2)(c) and (d) of the Citizenship Act, as they read immediately before the day on which subsection 1(9) comes into force, do not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
Citizenship deemed not to have been revoked
20 A person whose citizenship was revoked under subsection 10(2) of the Citizenship Act, as it read immediately before the day on which section 3 comes into force, is deemed never to have had their citizenship revoked.
Intention to reside in Canada — citizenship granted (resumption)
21 Paragraph 11(1)(e) of the Citizenship Act, as it read immediately before the day on which section 7 comes into force, is deemed never to have applied to a person whose application for resumption of citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that section comes into force.
Intention to reside in Canada — pending applications (resumption)
22 Paragraph 11(1)(e) of the Citizenship Act, as it read immediately before the day on which section 7 comes into force, does not apply to a person whose application for resumption of citizenship was made on or after June 11, 2015 but before the day on which that section comes into force and has not been finally disposed of before the day on which that section comes into force.
Persons serving term of imprisonment — pending applications
23 Paragraph 21(c) and subparagraph 22(1)(a)(iii) of the Citizenship Act, as enacted by subsections 9(2) and 10(2), respectively, apply to a person whose application has not been finally disposed of before the day on which section 9 comes into force.
Prohibition on Taking Oath of Citizenship
Prohibition — taking oath
24 Subsection 22(6) of the Citizenship Act applies to a person who made an application under subsection 5(1) or (2) or 11(1) of that Act before June 11, 2015 and who is required under that Act to take the oath of citizenship to become a citizen but has not done so before the day on which this section comes into force.
2001, c. 27
Consequential Amendments to the Immigration and Refugee Protection Act
2014, c. 22, s. 42
25 Subparagraph 40(1)(d)(iii) of the Immigration and Refugee Protection Act is replaced by the following:
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(iii) Insertion start subsection Insertion end 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
2014, c. 22, s. 43
26 Paragraph 46(2)(c) of the Act is replaced by the following:
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(c) Insertion start subsection Insertion end 10.1(3) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act.
Coming into Force
Order in council
27 (1) Subsections 1(1), (3) and (7) and section 8 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Subsections 1(2) and (4) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(3) Subsections 1(6), (9) and (10) and section 13 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(4) Sections 11 and 12 come into force on a day to be fixed by order of the Governor in Council.
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Published under authority of the Speaker of the House of Commons
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EXPLANATORY NOTES
5 (1) The Minister shall grant citizenship to any person who
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(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,
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(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,
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(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
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(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;
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(c.1) intends, if granted citizenship,
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(i) to continue to reside in Canada,
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(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
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(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;
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(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;
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(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
(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.
(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
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(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
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(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.
(3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,
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(a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);
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(b) in the case of a minor,
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(iii) the requirement respecting intent set out in paragraph (1)(c.1), or
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(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
(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.
(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.
(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,
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(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;
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(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;
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(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;
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(d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;
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(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;
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(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;
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(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
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(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.
(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.
(3) Each of the following has the effect of revoking a person’s citizenship or renunciation of citizenship:
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(a) a declaration made under subsection (1);
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(b) a declaration made under subsection (2).
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.
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.
(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.
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).
11 (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,
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(e) intends, if granted citizenship,
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(i) to continue to reside in Canada,
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(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
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(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.
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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:
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(a) subparagraphs 5(1)(c)(i) and (ii), in the case of an application for citizenship under subsection 5(1);
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,
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(a) under a probation order;
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(b) a paroled inmate; or
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(c) confined in or been an inmate of any penitentiary, jail, re-formatory or prison.
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
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(a) while the person is, pursuant to any enactment in force in Canada,
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(i) under a probation order,
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(ii) a paroled inmate, or
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(iii) confined in or is an inmate of any penitentiary, jail, re-formatory or prison;
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(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
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(g) if the person’s citizenship has been revoked under subsection 10(2) or paragraph 10.1(3)(b).
27 (1) The Governor in Council may make regulations
27.2 The Minister may make regulations
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(c) with regard to the requirements of paragraphs 5(1)(d) and (e) and 5(2)(c) and (d),
40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
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(d) on ceasing to be a citizen under
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(iii) Paragraph 10.1(3)(a) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
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(2) A person becomes a permanent resident if he or she ceases to be a citizen under
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(c) paragraph 10.1(3)(a) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act.