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Citizenship Act (R.S.C., 1985, c. C-29)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART VProcedure (continued)

Marginal note:Obligation — answer truthfully

 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.

  • R.S., 1985, c. C-29, s. 15
  • 2014, c. 22, s. 13

 [Repealed, 2014, c. 22, s. 13]

 [Repealed, 2014, c. 22, s. 13]

 [Repealed, 2014, c. 22, s. 14]

Marginal note:Definitions

  •  (1) In this section and sections 19.1, 19.2 and 20, Review Committee and threats to the security of Canada have the same meanings as in the Canadian Security Intelligence Service Act.

  • 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

    • (a) that constitutes a threat to the security of Canada; or

    • (b) that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment.

  • Marginal note:Notice to be sent to person affected

    (3) The Minister shall, within ten days after a report is made pursuant to subsection (2), cause a notice to be sent informing the person referred to in that subsection of the report and stating that following an investigation in relation thereto, a declaration with respect to that person may be made by the Governor in Council under section 20.

  • Marginal note:Application of the Canadian Security Intelligence Service Act

    (4) Where a report is made to the Review Committee pursuant to subsection (2), the Review Committee shall investigate the grounds on which it is based and for that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the investigation as if the investigation were conducted in relation to a complaint made pursuant to section 42 of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.

  • Marginal note:Investigation to cease

    (4.1) If the Review Committee is of the opinion that it cannot perform its duties described in subsections (4), (5) and (6), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2).

  • Marginal note:Statement to be sent to person affected

    (5) The Review Committee shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person with respect to whom the report is made a statement summarizing such information available to it as will enable the person to be as fully informed as possible of the circumstances giving rise to the report.

  • Marginal note:Report

    (6) The Review Committee shall, on completion of an investigation made pursuant to subsection (4), make a report to the Governor in Council on all matters relating thereto and shall, at the same time as or after the report is made, provide the complainant with the conclusions of the report.

  • R.S., 1985, c. C-29, s. 19
  • 1992, c. 1, s. 144(F)
  • 1997, c. 22, s. 1
  • 2014, c. 22, s. 15

Marginal note:Appointment of a judge

  •  (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Committee described in subsections 19(4), (5) and (6).

  • Marginal note:Tenure and re-appointment

    (2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.

  • Marginal note:Remuneration and expenses

    (3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.

  • 1997, c. 22, s. 2

Marginal note:Referral

  •  (1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Committee has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3).

  • Marginal note:Application of subsections 19(4), (5) and (6)

    (2) Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee.

  • 1997, c. 22, s. 2

Marginal note:Annual report

 The person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

  • 1997, c. 22, s. 2
  • 2005, c. 10, s. 14

Marginal note:Declaration by Governor in Council — security

  •  (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).

  • 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.

  • 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.

  • Marginal note:Further declaration

    (4) Notwithstanding that a declaration has been previously made under subsection 20(1) with respect to a person, the Governor in Council may, after considering any further application made by that person, make a further declaration under that subsection with respect to that person.

  • Marginal note:Conclusive proof

    (5) Notwithstanding anything in this Act or any other Act of Parliament, a declaration by the Governor in Council under subsection (1) is conclusive of the matters stated therein in relation to an application for citizenship or for the issue of a certificate of renunciation.

  • R.S., 1985, c. C-29, s. 20
  • 1997, c. 22, s. 3
  • 2014, c. 22, s. 16

Marginal note:Periods not counted as physical presence

 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

  • (c) has served a term of imprisonment.

  • R.S., 1985, c. C-29, s. 21
  • 2014, c. 22, s. 17
  • 2017, c. 14, s. 9

Marginal note:Representation or advice for consideration

  •  (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.

  • 2014, c. 22, s. 18
 
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