An Act to amend the Citizenship Act and to make consequential amendments to other Acts (S.C. 2014, c. 22)
Full Document:
Assented to 2014-06-19
R.S., c. C-29CITIZENSHIP ACT
Marginal note:2002, c. 8, par. 182(1)(j)
13. Sections 15 to 17 of the Act are replaced by the following:
Marginal note:Obligation — answer truthfully
15. A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.
14. Section 18 of the Act is repealed.
15. (1) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Report to Review Committee
(2) The Minister may make a report to the Review Committee if the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person has engaged, is engaging or may engage in activity
(2) The portion of subsection 19(2) of the English version of the Act after paragraph (b) is repealed.
Marginal note:1997, c. 22, s. 3
16. (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Declaration by Governor in Council — security
20. (1) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 if, after considering the report made under subsection 19(6) by the Review Committee or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b).
(2) Subsection 20(2) of the Act is replaced by the following:
Marginal note:Effect on applications and appeals
(2) If a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be refused and any related application for judicial review or appeal is deemed to be dismissed.
(3) Subsection 20(3) of the Act is replaced by the following:
Marginal note:Expiration of declaration
(3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it is made.
17. The portion of section 21 of the Act before paragraph (a) 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 has been, under any enactment in force in Canada,
18. The Act is amended by adding the following after section 21:
Marginal note:Representation or advice for consideration
21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.
Marginal note:Persons who may represent or advise
(2) Subsection (1) does not apply to
(a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;
(b) any other member in good standing of a law society of a province; or
(c) a member in good standing of a body designated under subsection (5).
Marginal note:Students-at-law
(3) Subsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.
Marginal note:Agreement or arrangement with Her Majesty
(4) Subsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.
Marginal note:Designation by Minister
(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.
Marginal note:Regulations — required information
(6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.
Marginal note:Regulations — transitional measures
(7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures
(a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and
(b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act without contravening subsection (1).
Marginal note:Persons made members of body
(8) For greater certainty, nothing in the measures described in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.
Meaning of “proceeding”
(9) For greater certainty, in this section “proceeding” does not include a proceeding before a superior court.
Marginal note:1992, c. 47, s. 67(1)
19. (1) Paragraph 22(1)(b) of the Act is replaced by the following:
(a.1) while the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;
(a.2) while the person is serving a sentence outside Canada for an offence under any Act of Parliament;
(b) while the person is charged with, on trial for, subject to or a party to an appeal relating to 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;
(b.1) subject to subsection (1.1), while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;
Marginal note:1992, c. 49, s. 124
(2) Subsection 22(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by replacing paragraph (f) with the following:
(e.1) if the person directly or indirectly misrepresents or withholds material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act;
(e.2) if, during the five years immediately before the person’s application, the person was prohibited from being granted citizenship or taking the oath of citizenship under paragraph (e.1);
(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
(g) if the person’s citizenship has been revoked under subsection 10(2) or paragraph 10.1(3)(b).
Marginal note:R.S., c. 30 (3rd Supp.), s. 11(2)(E); 1992, c. 47, s. 67(2); 2008, c. 14, s. 11(2)
(3) Subsection 22(2) of the Act is replaced by the following:
Marginal note:Waiver
(1.1) The Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compassionate grounds.
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 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,
(a) during the four-year period immediately before the date of the person’s application; or
(b) during the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship.
Marginal note:Prohibition — conviction of offence outside Canada
(3) 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 if the person has been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred during
(a) the four-year period immediately before the date of the person’s application; or
(b) the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship.
Marginal note:Prohibition — specific cases
(4) 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 if the person, before or after the coming into force of this subsection and while the person was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,
(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;
(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;
(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;
(d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;
(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;
(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;
(g) was convicted of an offence described in section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life;
(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; or
(i) 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.
Marginal note:Exceptional circumstances
(5) If the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person.
Marginal note:Prohibition — taking oath
(6) Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship.
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