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An Act to amend the Citizenship Act (S.C. 2008, c. 14)

Assented to 2008-04-17

An Act to amend the Citizenship Act

S.C. 2008, c. 14

Assented to 2008-04-17

An Act to amend the Citizenship Act

SUMMARY

This enactment amends the Citizenship Act in order to

(a) permit certain persons who lost their Canadian citizenship for specified reasons to have their citizenship restored from the time it was lost;

(b) permit certain persons who, born outside Canada to a Canadian parent, did not acquire Canadian citizenship for specified reasons to become Canadian citizens from the time of their birth;

(c) provide that certain persons born outside Canada to a Canadian parent who was himself or herself born outside Canada do not acquire Canadian citizenship; and

(d) provide for a grant of citizenship, on application, to persons who have always been stateless and meet other specified conditions.

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

 The definition “certificate of renunciation” in subsection 2(1) of the Citizenship Act is replaced by the following:

“certificate of renunciation”

« certificat de répudiation »

“certificate of renunciation” means, unless a contrary intention appears, a certificate of renunciation issued under this Act;

  •  (1) Subsection 3(1) of the Act is amended by striking out the word “or” at the end of paragraph (d) and by adding the following after paragraph (e):

    • (f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:

      • (i) the person renounced his or her citizenship under any of the following provisions:

        • (A) paragraph 19(2)(c) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3),

        • (B) paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33,

        • (C) subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,

        • (D) subparagraph 18(1)(b)(iii) of the former Act,

        • (E) section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, or

        • (F) section 9 of this Act,

      • (ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions:

        • (A) paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,

        • (B) paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8,

        • (C) paragraph 19(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act, S.C. 1967-68, c. 4,

        • (D) paragraph 19(1)(a) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,

        • (E) paragraph 18(1)(a) of the former Act,

        • (F) section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, or

        • (G) section 10 of this Act, or

      • (iii) the person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved;

    • (g) the person was born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth and the person did not, before the coming into force of this paragraph, become a citizen;

    • (h) the person was granted citizenship under section 5, as it read before the coming into force of this paragraph, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, he or she took the oath of citizenship;

    • (i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) to (iii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, he or she took the oath of citizenship:

      • (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,

      • (ii) subsection 5(1) or (4) or 11(1) of this Act, or

      • (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph; or

    • (j) under prior legislation, the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii) and resumed citizenship.

  • (2) Section 3 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Not applicable — after first generation

      (3) Subsection (1) does not apply to a person born outside Canada

      • (a) if, at the time of his or her birth or adoption, only one of the person’s parents is a citizen and that parent is a citizen under paragraph (1)(b), (e), (g) or (h), or both of the person’s parents are citizens under any of those paragraphs; or

      • (b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:

        • (i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,

        • (ii) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,

        • (iii) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),

        • (iv) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),

        • (v) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),

        • (vi) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),

        • (vii) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or

        • (viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act.

    • Marginal note:Exception — transitional provision

      (4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, is a citizen.

    • Marginal note:Exception — service abroad

      (5) Subsection (3) does not apply to a person if one or both of the person’s parents, as provided for in that subsection, were, at the time of the person’s birth or adoption, 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.

    • Marginal note:Citizenship other than by way of grant

      (6) A person referred to in paragraph (1)(h), (i) or (j) is deemed, except for the purposes of that paragraph, never to have been a citizen by way of grant.

    • Marginal note:Deemed application

      (7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force

      • (a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) to (iii) is deemed to be a citizen under paragraph (1)(c) from the time that he or she ceased to be a citizen:

        • (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,

        • (ii) subsection 5(1) or (4) or 11(1) of this Act, or

        • (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;

      • (b) a person referred to in paragraph (1)(d) who, under prior legislation, ceased to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) and resumed citizenship is deemed to be a citizen under paragraph (1)(d) from the time that he or she ceased to be a citizen;

      • (c) a person referred to in paragraph (1)(f) who, at the time he or she ceased to be a citizen, was a citizen by way of grant is deemed to have been granted citizenship under that paragraph at that time;

      • (d) a person referred to in paragraph (1)(f) — other than a person described in paragraph (c) — is deemed to be a citizen under paragraph (1)(f) from the time the person ceased to be a citizen;

      • (e) a person referred to in paragraph (1)(g) or (h) is deemed to be a citizen from the time that he or she was born;

      • (f) a person referred to in paragraph (1)(i) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen; and

      • (g) a person referred to in paragraph (1)(j) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen.

    • Marginal note:Limitation

      (8) With respect to any period before the coming into force of this subsection,

      • (a) subsection (7) does not have the effect of conferring on a person any rights, powers or privileges, or imposing on a person any obligations, duties or liabilities, under any Act of Parliament other than this Act or any other law; and

      • (b) no action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period.

 Subsection 4(3) of the Act is repealed.

Marginal note:2001, c. 27, s. 228(3)
  •  (1) Subsection 5(2) of the Act is replaced by the following:

    • Marginal note:Grant 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 an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child.

  • (2) Section 5 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Statelessness — bloodline connection

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

      • (a) is born outside Canada after the coming into force of this subsection;

      • (b) has a birth parent who was a citizen at the time of the birth;

      • (c) is less than 23 years of age;

      • (d) has resided in Canada for at least three years during the four years immediately before the date of his or her application;

      • (e) has always been stateless; and

      • (f) has not been convicted of any of the following offences:

        • (i) a terrorism offence, as defined in section 2 of the Criminal Code,

        • (ii) an offence under section 47, 51 or 52 of the Criminal Code,

        • (iii) an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Security of Information Act, or

        • (iv) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraph (ii) or (iii).

    • Marginal note:No oath required

      (6) A person who is granted citizenship under subsection (5) is not required to take the oath of citizenship.

 Section 7 of the Act is replaced by the following:

Marginal note:No loss except as provided

7. A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(j.1).

 Section 8 of the Act is repealed.

Marginal note:2005, c. 17, s. 1

 Subsection 11(1.1) of the Act is repealed.

 Subsection 12(2) of the Act is replaced by the following:

  • Marginal note:Issue of certificate

    (2) When an application under section 5 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.

 The portion of section 13 of the Act before paragraph (a) is replaced by the following:

Marginal note:Applications

13. When an application is made or a notice is given under this Act

 Paragraphs 14(1)(a) and (b) of the Act are replaced by the following:

  • (a) a grant of citizenship under subsection 5(1) or (5),

Marginal note:R.S., c. 30 (3rd Supp.), s. 11(1)
  •  (1) The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Prohibition
    • 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

  • Marginal note:R.S., c. 30 (3rd Supp.), s. 11(2)(E); 1992, c. 47, s. 67(2)

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

    • Marginal note: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), (2) or (4) or 11(1) or take the oath of citizenship if,

  •  (1) Paragraph 27(a) of the Act is replaced by the following:

    • (a) prescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and the evidence that is to be provided with respect to those applications and notices;

  • (2) Subparagraph 27(b)(iii) of the Act is repealed.

  • (3) Paragraph 27(d) of the Act is amended by adding the word “or” at the end of subparagraph (i), by striking out the word “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).

  • (4) Section 27 of the Act is amended by adding the following before paragraph (e):

    • (d.2) providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) are met;

    • (d.3) providing for the circumstances in which a review of an application under section 5.1 is suspended;

  • (5) Section 27 of the Act is amended by adding the following after paragraph (j):

    • (j.1) providing for the renunciation of citizenship by persons who are citizens under paragraph 3(1)(f) or (g);

COORDINATING AMENDMENTS

Marginal note:2007, c. 24
  •  (1) In this section, “other Act” means An Act to amend the Citizenship Act (adoption), chapter 24 of the Statutes of Canada, 2007.

  • (2) On the first day on which both section 2 of this Act and section 1 of the other Act are in force, paragraph 3(3)(a) of the Citizenship Act is replaced by the following:

    • (a) if, at the time of his or her birth or adoption, only one of the person’s parents is a citizen and that parent is a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents are citizens under any of those paragraphs; or

  • (3) On the first day on which both section 2 of this Act and section 2 of the other Act are in force

    • (a) the portion of subsection 5.1(1) of the Citizenship Act before paragraph (a) is replaced by the following:

      Marginal note:Adoptees — minors
      • 5.1 (1) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption

    • (b) the portion of subsection 5.1(2) of the Citizenship Act before paragraph (a) is replaced by the following:

      • Marginal note:Adoptees — adults

        (2) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if

    • (c) the portion of subsection 5.1(3) of the Citizenship Act before paragraph (a) is replaced by the following:

      • Marginal note:Quebec adoptions

        (3) The Minister shall on application grant citizenship to a person in respect of whose adoption — by a citizen who is subject to Quebec law governing adoptions — a decision was made abroad on or after January 1, 1947 if

  • (4) On the first day on which both section 8 of this Act and section 2 of the other Act are in force, subsection 12(2) of the Citizenship Act is replaced by the following:

    • Marginal note:Issue of certificate

      (2) When an application under section 5 or 5.1 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.

COMING INTO FORCE

Marginal note:Order in council

 The provisions of this Act, other than section 13, come into force on a day or days to be fixed by order of the Governor in Council, but no later than 365 days after the day on which this Act receives royal assent.

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