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An Act to amend the Citizenship Act (S.C. 2008, c. 14)

Assented to 2008-04-17

 Section 7 of the Act is replaced by the following:

Marginal note:No loss except as provided

7. A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(j.1).

 Section 8 of the Act is repealed.

Marginal note:2005, c. 17, s. 1

 Subsection 11(1.1) of the Act is repealed.

 Subsection 12(2) of the Act is replaced by the following:

  • Marginal note:Issue of certificate

    (2) When an application under section 5 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.

 The portion of section 13 of the Act before paragraph (a) is replaced by the following:

Marginal note:Applications

13. When an application is made or a notice is given under this Act

 Paragraphs 14(1)(a) and (b) of the Act are replaced by the following:

  • (a) a grant of citizenship under subsection 5(1) or (5),

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

    Marginal note:Prohibition
    • 22. (1) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship

  • Marginal note:R.S., c. 30 (3rd Supp.), s. 11(2)(E); 1992, c. 47, s. 67(2)

    (2) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Prohibition

      (2) Despite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if,

  •  (1) Paragraph 27(a) of the Act is replaced by the following:

    • (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 the evidence that is to be provided with respect to those applications and notices;

  • (2) Subparagraph 27(b)(iii) of the Act is repealed.

  • (3) Paragraph 27(d) of the Act is amended by adding the word “or” at the end of subparagraph (i), by striking out the word “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).

  • (4) Section 27 of the Act is amended by adding the following before paragraph (e):

    • (d.2) providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) are met;

    • (d.3) providing for the circumstances in which a review of an application under section 5.1 is suspended;

  • (5) Section 27 of the Act is amended by adding the following after paragraph (j):

    • (j.1) providing for the renunciation of citizenship by persons who are citizens under paragraph 3(1)(f) or (g);

COORDINATING AMENDMENTS

Marginal note:2007, c. 24
  •  (1) In this section, “other Act” means An Act to amend the Citizenship Act (adoption), chapter 24 of the Statutes of Canada, 2007.

  • (2) On the first day on which both section 2 of this Act and section 1 of the other Act are in force, paragraph 3(3)(a) of the Citizenship Act is replaced by the following:

    • (a) if, at the time of his or her birth or adoption, only one of the person’s parents is a citizen and that parent is a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents are citizens under any of those paragraphs; or

  • (3) On the first day on which both section 2 of this Act and section 2 of the other Act are in force

    • (a) the portion of subsection 5.1(1) of the Citizenship Act before paragraph (a) is replaced by the following:

      Marginal note:Adoptees — minors
      • 5.1 (1) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption

    • (b) the portion of subsection 5.1(2) of the Citizenship Act before paragraph (a) is replaced by the following:

      • Marginal note:Adoptees — adults

        (2) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if

    • (c) the portion of subsection 5.1(3) of the Citizenship Act before paragraph (a) is replaced by the following:

      • Marginal note:Quebec adoptions

        (3) The Minister shall on application grant citizenship to a person in respect of whose adoption — by a citizen who is subject to Quebec law governing adoptions — a decision was made abroad on or after January 1, 1947 if

  • (4) On the first day on which both section 8 of this Act and section 2 of the other Act are in force, subsection 12(2) of the Citizenship Act is replaced by the following:

    • Marginal note:Issue of certificate

      (2) When an application under section 5 or 5.1 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.

COMING INTO FORCE

Marginal note:Order in council

 The provisions of this Act, other than section 13, come into force on a day or days to be fixed by order of the Governor in Council, but no later than 365 days after the day on which this Act receives royal assent.

 
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