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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

Marginal note:2014, c. 22, s. 8
  •  (1) Subsection 10.1(1) of the Act is replaced by the following:

    Marginal note:Revocation for fraud — declaration of Court
    • 10.1 (1) Unless a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

  • (2) Subsections 10.1(2) and (3) of the Act are replaced by the following:

    • Marginal note:Effect of declaration

      (3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.

  • (3) Subsection 10.1(4) of the Act is replaced by the following:

    • Marginal note:Proof

      (4) For the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act, the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

Marginal note:2014, c. 22, s. 8

 Sections 10.3 and 10.4 of the Act are repealed.

 Subsection 10.5(1) of the Act is replaced by the following:

Marginal note:Inadmissibility
  • 10.5 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.

Marginal note:2014, c. 22, s. 8

 Section 10.6 of the Act is replaced by the following:

Marginal note:No appeal from interlocutory judgment

10.6 Despite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or 10.5(1).

Marginal note:2014, c. 22, s. 9(2)

 Subsection 11(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (c) and by repealing paragraph (e).

Marginal note:2014, c. 22, s. 12(1)

 Paragraph 14(1)(a) of the Act is replaced by the following:

  • (a) subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);

Marginal note:2014, c. 22, s. 17
  •  (1) The portion of section 21 of the English version of the Act before paragraph (c) 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, under any enactment in force in Canada,

    • (a) has been under a probation order;

    • (b) has been a paroled inmate; or

  • (2) Paragraph 21(c) of the Act is replaced by the following:

    • (c) has served a term of imprisonment.

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

    • (a) while the person, under any enactment in force in Canada,

      • (i) is under a probation order,

      • (ii) is a paroled inmate, or

  • Marginal note:R.S., c. 30 (3rd Supp.), s. 11(1)

    (2) Subparagraph 22(1)(a)(iii) of the Act is replaced by the following:

    • (iii) is serving a term of imprisonment;

  • Marginal note:2014, c. 22, s. 19(2)

    (3) Subsection 22(1) of the Act is amended by adding “or” at the end of paragraph (e.2) and by replacing paragraphs (f) and (g) with the following:

    • (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 10.1(3).

 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.

 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

 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

 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))

 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

 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.

 

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