An Act to amend the Citizenship Act and to make consequential amendments to another Act (S.C. 2017, c. 14)
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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1 (0.1) Paragraph 5(1)(b) of the Citizenship Act is repealed.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).
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