An Act to amend the Citizenship Act and to make consequential amendments to another Act (S.C. 2017, c. 14)
Full Document:
Assented to 2017-06-19
An Act to amend the Citizenship Act and to make consequential amendments to another Act
S.C. 2017, c. 14
Assented to 2017-06-19
An Act to amend the Citizenship Act and to make consequential amendments to another Act
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;
(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;
(f) change the process for the revocation of Canadian citizenship on the grounds of false representation, fraud or knowingly concealing material circumstances; and
(g) remove the requirement that an applicant be 18 years of age or over for citizenship to be granted under subsection 5(1) of that Act.
It also makes consequential amendments to the Immigration and Refugee Protection 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-29Citizenship Act
1 (0.1) Paragraph 5(1)(b) of the Citizenship Act is repealed.
Marginal note:2014, c. 22, s. 3(1)
(1) The portion of paragraph 5(1)(c) of the Act before subparagraph (i) is replaced by the following:
(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
Marginal note:2014, c. 22, s. 3(1)
(2) Subparagraph 5(1)(c)(i) of the Act is replaced by the following:
(i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and
Marginal note:2014, c. 22, s. 3(1)
(3) Subparagraph 5(1)(c)(ii) of the Act is repealed.
Marginal note:2014, c. 22, s. 3(1)
(4) Subparagraph 5(1)(c)(iii) of the Act is replaced by the following:
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;
Marginal note:2014, c. 22, s. 3(1)
(5) Paragraph 5(1)(c.1) of the Act is repealed.
Marginal note:2014, c. 22, s. 3(1)
(6) Paragraphs 5(1)(d) and (e) of the Act are replaced by the following:
(d) if 18 years of age or more but less than 55 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;
(e) if 18 years of age or more but less than 55 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):
Marginal note:Length of physical presence — calculation
(1.001) For the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner:
(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
(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.
(7.1) Section 5 of the Act is amended by adding the following after subsection (1.03):
Marginal note:Application — minor
(1.04) When the application referred to in paragraph (1)(a) is in respect of a minor, it must be
(a) made by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court; and
(b) countersigned by the minor, if the minor has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability.
Marginal note:Application made by minor
(1.05) If the Minister waives the requirement set out in paragraph (1.04)(a) under subparagraph (3)(b)(v), the application referred to in paragraph (1)(a) may be made by the minor.
Marginal note:2014, c. 22, s. 3(2)
(8) Subsection 5(1.1) of the Act is repealed.
Marginal note: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).
Marginal note:2014, c. 22, s. 3(6)
(10) Paragraph 5(3)(a) of the Act is replaced by the following:
(a) in the case of any person, the requirements of paragraph (1)(d) or (e);
Marginal note:2014, c. 22, s. 3(6)
(11) Subparagraph 5(3)(b)(i) of the Act is repealed.
(11.1) Subparagraph 5(3)(b)(iii) of the Act is repealed.
(11.2) Paragraph 5(3)(b) of the Act is amended by adding “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
(v) the requirement respecting who may make an application in respect of a minor set out in paragraph (1.04)(a).
Marginal note: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).
(13) Section 5 of the Act is amended by adding the following after subsection (3):
Marginal note:Disabled persons
(3.1) For the purposes of this section, if an applicant for citizenship is a disabled person, the Minister shall take into consideration the measures that are reasonable to accommodate the needs of that person.
(14) Subsection 5(4) of the Act is replaced by the following:
Marginal note:Special cases
(4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.
Marginal note:2014, c. 22, s. 7(2)
2 Subsections 9(2.1) and (2.2) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note:2014, c. 22, s. 8
(2) Subsection 10(3) of the Act is replaced by the following:
Marginal note:Notice
(3) Before a person’s citizenship or renunciation of citizenship may be revoked, the Minister shall provide the person with a written notice that
(a) advises the person of his or her right to make written representations;
(b) specifies the form and manner in which the representations must be made;
(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and
(d) advises the person that the case will be referred to the Court unless the person requests that the case be decided by the Minister.
Marginal note:Representations and request for decision by Minister
(3.1) The person may, within 60 days after the day on which the notice is sent, or within any extended time that the Minister may allow for special reasons,
(a) make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless; and
(b) request that the case be decided by the Minister.
Marginal note:Consideration of representations
(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.
(3) The Act is amended by adding the following after subsection 10(4):
Marginal note:Referral to Court
(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) unless
(a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied
(i) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, or
(ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or
(b) the person has made a request under paragraph (3.1)(b).
Marginal note:2014, c. 22, s. 8
4 (1) Subsection 10.1(1) of the Act is replaced by the following:
Marginal note:Revocation for fraud — declaration of Court
10.1 (1) Unless a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.
(2) Subsections 10.1(2) and (3) of the Act are replaced by the following:
Marginal note:Effect of declaration
(3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.
(3) Subsection 10.1(4) of the Act is replaced by the following:
Marginal note:Proof
(4) For the purposes of subsection (1), if the Minister seeks a declaration that the person has 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, the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
Marginal note:2014, c. 22, s. 8
5 Sections 10.3 and 10.4 of the Act are repealed.
5.1 Subsection 10.5(1) of the Act is replaced by the following:
Marginal note:Inadmissibility
10.5 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the 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 — seek a declaration that the person who is the subject of the action 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.
Marginal note:2014, c. 22, s. 8
6 Section 10.6 of the Act is replaced by the following:
Marginal note: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).
Marginal note: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).
Marginal note:2014, c. 22, s. 12(1)
8 Paragraph 14(1)(a) of the Act is replaced by the following:
(a) subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);
Marginal note: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:
Marginal note: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,
(2) Paragraph 21(c) of the Act is replaced by the following:
(c) has served a term of imprisonment.
Marginal note: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:
Marginal note:R.S., c. 30 (3rd Supp.), s. 11(1)
(2) Subparagraph 22(1)(a)(iii) of the Act is replaced by the following:
(iii) is serving a term of imprisonment;
Marginal note: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:
(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:
Marginal note:Seizure
23.2 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.
12 Subsection 27(1) of the Act is amended by adding the following after paragraph (i.1):
(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;
Marginal note:2014, c. 22, s. 26
13 The portion of paragraph 27.2(c) of the Act before subparagraph (i) is replaced by the following:
(c) with regard to the requirements of paragraphs 5(1)(d) and (e),
Transitional Provisions
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Knowledge of Canada and official languages
17.1 Until the day on which subsection 1(6) comes into force, paragraphs 5(1)(d) and (e) of the Citizenship Act are replaced by the following:
(d) if 18 years of age or more but less than 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;
(e) if 18 years of age or more but less than 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
Marginal note: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.
Marginal note: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.
Marginal note:Decisions sent back for redetermination
19.1 (1) Any decision that is made under subsection 10(1) of the Citizenship Act as it read immediately before the day on which subsection 3(2) comes into force 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.
Marginal note:Pending proceedings
(2) A proceeding that is pending before the Federal Court before the day on which subsection 3(2) comes into force as a result of an action commenced under subsection 10.1(1) of the Citizenship Act is to be dealt with and disposed of in accordance with that Act as it read immediately before that day.
Marginal note: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.
Marginal note:Request — new procedure
20.1 If, before the day on which subsection 3(2) comes into force, a notice has been given to a person under subsection 10(3) of the Citizenship Act and a decision has not been made by the Minister before that day, the person may, within 30 days after that day, request to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of that Act as it reads on that day.
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note: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. 27Consequential Amendments to the Immigration and Refugee Protection Act
Marginal note:2014, c. 22, s. 42
25 Subparagraph 40(1)(d)(iii) of the Immigration and Refugee Protection Act is replaced by the following:
(iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
Marginal note:2014, c. 22, s. 43
26 Paragraph 46(2)(c) of the Act is replaced by the following:
(c) subsection 10.1(3) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act.
Coming into Force
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Order in council
(3.1) Subsections 3(2) and (3) and 4(1) and (3) and section 5.1 come into force on a day to be fixed by order of the Governor in Council.
Marginal note: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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