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
R.S., c. C-29Citizenship Act (continued)
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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