This enactment amends the Citizenship Act to provide a path to citizenship for certain persons who were not citizens when they transitioned out of the care of a child welfare agency or foster parent. It also amends the Immigration and Refugee Protection Act to provide that a removal order cannot be enforced against such a person who is applying for citizenship until a final decision is made on their application.

Preamble

Whereas Canada is a State Party to the United Nations Convention on the Rights of the Child;

Whereas the protection of children and the upholding of children’s rights is a fundamental value in Canadian society;

Whereas the best interests of the child are a primary consideration under Canadian and international law in matters affecting children;

Whereas there nonetheless remain significant inconsistencies and gaps in the protection of the rights of children who arrive in Canada as immigrants, refugees and asylum-seekers;

Whereas the vulnerability of children in care is compounded if those children also lack the security of citizenship;

Whereas the State acts in loco parentis in respect of children who are in its care, in foster care or under agreements to receive state services to improve their living conditions while not residing with a relative, and therefore has a legal obligation to provide care, guidance, counselling and other services generally expected of parents;

Whereas citizenship is required to ensure that children in care are afforded their fundamental human rights in Canadian society, such as equal access to health care, education and employment;

And whereas citizenship is required to ensure that persons who were in care as children do not face, following their transition out of care, an increased risk of deportation from Canada to states with which they have no connection;

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

Grant of citizenship — minors in care

5.‍3 (1) The Minister shall grant citizenship to any person who applies for it and who was ordinarily resident in Canada on the day on which any of the following situations ceased to apply to that person, provided that the person was not a citizen on that day:

• (a) the person resided in an institution — including a psychiatric or addictions treatment facility — a group foster home, the private home of foster parents or the private home of a guardian, tutor or other individual occupying a similar role, under a decree, order or judgment of a competent tribunal, and that person was maintained by

  • (i) a department or agency of the Government of Canada or a province mandated with the protection and care of children, or

  • (ii) an agency appointed by a province, including an authority established under the laws of a province, or by an agency appointed by such an authority for the purpose of administering any law of the province for the protection and care of children;

• (b) the person resided in or was maintained by an institution licensed or otherwise authorized under the law of the province to have the custody or care of children;

• (c) the person was provided with services to improve their living conditions by an agency appointed by a province, including an authority established under the laws of a province or by an agency appointed by such an authority for the purpose of administering any law of the province for the protection and care of children; and

• (d) the person

  • (i)  was not returned to the care and custody of their parent when any of the circumstances described in paragraphs (a) to (c) ceased to apply to that person, unless the return took place within 365 days of the date upon which the person reached the age of 18 years,

  • (ii)  has been physically present in Canada for at least 1,095 days before the date of their application,

  • (iii)  was subject to one or more of the circumstances described in paragraphs (a) to (c) for at least 365 days cumulatively, and

  • (iv) has not resided outside of Canada for more than 10 years since reaching the age of 18 years.

Waiver by Minister on compassionate grounds

(2) The Minister may, in their discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds any of the requirements set out in paragraph (1)‍(d).

Section 5.‍3

(1.‍1) In determining whether to grant an application made under section 5.‍3, the Minister must accept a written statement by the applicant about the existence of any of the circumstances in paragraphs 5.‍3(1)‍(a) to (c) as proof of that circumstance unless the Minister establishes on a balance of probabilities that the circumstance did not exist.

• (c.‍1) in the case of a foreign national who has applied under section 5.‍3 of the Citizenship Act, until a final decision has been made on the application;