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
20. The Act is amended by adding the following after section 22:
PART V.1JUDICIAL REVIEW
Marginal note:Application for judicial review only with leave
22.1 (1) An application for judicial review with respect to any matter under this Act may be made only with leave of the Court.
Marginal note:Application for leave
(2) The following provisions govern an application for leave:
(a) the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter;
(b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;
(c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and
(d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.
Marginal note:Application by Minister
(3) The Minister may make an application in respect of a decision of a citizenship judge.
Marginal note:Judicial review
22.2 The following provisions govern the judicial review:
(a) the judge who grants leave shall fix the day and place for a hearing;
(b) the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day;
(c) the judge shall dispose of the application without delay and in a summary way; and
(d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
Marginal note:Rules
22.3 With the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply.
Marginal note:Inconsistency with Federal Courts Act
22.4 In the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act, this Part prevails to the extent of the inconsistency.
21. Section 23 of the Act is replaced by the following:
Marginal note:Delegation of authority
23. Anything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization.
22. The Act is amended by adding the following after section 23:
Marginal note:Additional information, evidence or appearance
23.1 The Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance.
23. Subsection 25(2) of the Act is replaced by the following:
Marginal note:Proof of certificates or other documents
(2) A certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information.
Marginal note:2008, c. 14, s. 12(1)
24. (1) Paragraph 27(a) of the Act is repealed.
(2) Paragraph 27(b) of the Act is amended by adding the following after subparagraph (ii):
(iii) the provision under paragraph 12(1)(b) or (2)(b) of any means of establishing citizenship other than a certificate of citizenship,
(3) Section 27 of the Act is amended by adding the following after paragraph (c):
(c.1) providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;
(4) Subparagraph 27(d)(ii) of the Act is replaced by the following:
(ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;
Marginal note:2008, c. 14, s. 12(5)
(5) Paragraphs 27(i) to (k) of the Act are replaced by the following:
(i) providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;
(i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;
(j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;
(j.1) providing for the renunciation of citizenship by persons
(i) who are citizens under paragraph 3(1)(f) or (g),
(ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or
(iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);
(j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);
(k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;
(k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;
(k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;
(k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;
(k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;
(k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; and
(6) Section 27 of the Act is renumbered as subsection 27(1) and is amended by adding the following:
Marginal note:Conditions
(2) Regulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.
Marginal note:2007, c. 24, s. 3.1
25. Subsection 27.1(1) of the Act is replaced by the following:
Marginal note:Laying of proposed regulations
27.1 (1) The Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(d.1) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.
26. The Act is amended by adding the following after section 27.1:
Marginal note:Regulations — Minister
27.2 The Minister may make regulations
(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 specifying the information and evidence that is to be provided in support of them;
(b) respecting the acceptance for processing of applications made under this Act by a person who has been represented or advised by a third party for consideration;
(c) with regard to the requirements of paragraphs 5(1)(d) and (e) and 5(2)(c) and (d),
(i) respecting the procedures to be followed or evaluation methods or tools to be used in determining whether an applicant meets those requirements or any of the criteria provided for under paragraph 27(1)(d),
(ii) respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, and
(iii) respecting what constitutes evidence that an applicant meets those requirements or criteria; and
(d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.
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