SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Strengthening Canadian Citizenship Act.

R.S., c. C-29CITIZENSHIP ACT

Marginal note:2008, c. 14, s. 2(1)

• 2. (1) The portion of subparagraph 3(1)(f)(ii) of the French version of the Citizenship Act before clause (A) is replaced by the following:

  • (ii) sa citoyenneté a été révoquée pour cause de fausse déclaration, fraude ou dissimulation de faits essentiels au titre de l’une des dispositions suivantes :

• (2) Subsection 3(1) of the Act is amended by striking out “or” at the end of subparagraph (i)(iii) and by adding the following after paragraph (j):

  • (k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;

  • (l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;

  • (m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;

  • (n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day;

  • (o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;

  • (p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day;

  • (q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or

  • (r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day.

• (3) Section 3 of the Act is amended by adding the following after subsection (1):

  • Marginal note:For greater certainty

    (1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada.

• (4) Section 3 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Citizen despite death of parent

    (1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) for the sole reason that, on the coming into force of this subsection, his or her parent  —  referred to in one of those paragraphs  —  is deceased, is a citizen under paragraph (1)(b), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).

• (5) Section 3 of the Act is amended by adding the following after subsection (1.1):

  • Marginal note:Citizen despite death of parent

    (1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) for the sole reason that, on the coming into force of this subsection, his or her parent  —  referred to in one of those paragraphs  —  is deceased, is a citizen under that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n).

  • Marginal note:Citizen despite death of parent

    (1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947.

  • Marginal note:Citizen despite death of parent

    (1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949.

• (6) Section 3 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Not applicable  — paragraphs (1)(k), (m), (o) and (q)

    (2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if

    • (a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or

    • (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently

      • (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or

      • (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

  • Marginal note:Not applicable  — paragraphs (1)(b), (g) and (h)

    (2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person  —  who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q)  —  if the person became a citizen by way of grant on or after January 1, 1947 and subsequently

    • (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or

    • (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

  • Marginal note:Not applicable  — paragraphs (1)(l), (n), (p) and (r)

    (2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if

    • (a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or

    • (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently

      • (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or

      • (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

  • Marginal note:Not applicable  — paragraphs (1)(b), (g) and (h)

    (2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person  —  who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r)  —  if the person became a citizen by way of grant on or after April 1, 1949 and subsequently

    • (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or

    • (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

• Marginal note:2008, c. 14, ss. 2(2) and 13(2)

  (7) The portion of subsection 3(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Not applicable  — after first generation

    (3) Paragraphs (1)(b) and (f) to (j) do not apply to a person born outside Canada

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

• (8) The portion of subsection 3(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Not applicable  — after first generation

    (3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada

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

    • (a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;

    • (a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or

• Marginal note:2008, c. 14, s. 2(2)

  (9) The portion of paragraph 3(3)(b) of the French version of the Act before subparagraph (i) is replaced by the following:

  • b) à un moment donné, seul le père ou la mère avait qualité de citoyen, et ce, au titre de l’une des dispositions ci-après, ou les deux parents avaient cette qualité au titre de l’une de celles-ci :

• Marginal note:2008, c. 14, s. 2(2)

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

  • Marginal note:Exception  — transitional provision

    (4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.

• (11) Section 3 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Exception  — transitional provision

    (4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.

• Marginal note:2008, c. 14, s. 2(2)

  (12) Subsection 3(5) of the Act is replaced by the following:

  • Marginal note:Exception  — child or grandchild of person in service abroad

    (5) Subsection (3) does not apply to a person

    • (a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

    • (b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

    • (c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

• (13) Section 3 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Citizenship other than by way of grant  — grandchild of person in service abroad

    (5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act  —  other than under any provision referred to in subparagraphs (3)(b)(i) to (viii)  —  or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:

    • (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

    • (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

  • Marginal note:Non-application of subsection (5.1)

    (5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved.

• (14) Section 3 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Citizenship other than by way of grant  —  certain children born after February 14, 1977

    (6.1) A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant if

    • (a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or

    • (b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i).

• (15) Section 3 of the Act is amended by adding the following after subsection (6.1):

  • Marginal note:Citizenship other than by way of grant

    (6.2) A person referred to in any of paragraphs (1)(k) to (r)  —  or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n)  —  who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.

  • Marginal note:Deemed application

    (6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r).

• (16) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

  • (h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born.

• (17) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):

  • (i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;

  • (j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;

  • (k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;

  • (l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and

  • (m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.

• Marginal note:2008, c. 14, s. 2(2)

  (18) The portion of subsection 3(8) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Limitation

    (8) For any period before the day on which subsection (7) first takes effect with respect to a person,

    • (a) subsection (7) does not have the effect of conferring any rights, powers or privileges  —  or imposing any obligations, duties or liabilities  —  under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and

• (19) Section 3 of the Act is amended by adding the following after subsection (8):

  • Definition of “by way of grant”

    (9) In subsections (2.1) to (2.4) and (6.2), “by way of grant” means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.

Marginal note:2001, c. 27, s. 228(1)

• 3. (1) Paragraphs 5(1)(c) to (e) of the Act are 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, since becoming a permanent resident,

    • (i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,

    • (ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and

    • (iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;

  • (c.1) intends, if granted citizenship,

    • (i) to continue to reside in Canada,

    • (ii) to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, or

    • (iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

  • (d) if under 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 under 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:R.S., c. 44 (3rd Supp.), s. 1; 2000, c. 12, s. 75; 2003, c. 22, s. 149(E)

  (2) Subsection 5(1.1) of the Act is replaced by the following:

  • Marginal note:Period of physical presence  — spouse or common-law partner of citizen

    (1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

  • Marginal note:Period of physical presence  — permanent residents

    (1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

  • Marginal note:Period of physical presence  — residing with permanent residents

    (1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

  • Marginal note:Intention

    (1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

• (3) Section 5 of the Act is amended by adding the following before subsection (2):

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, within the period referred to in that paragraph, completed a number of years of service in the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

  • Marginal note:Canadian Armed Forces  —  person attached or seconded

    (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the period referred to in that paragraph, completed a number of years of service with the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year.

• (4) Subsections 5(1.2) and (1.3) of the Act are replaced by the following:

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

    • (a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and

    • (b) has 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 six years immediately before the date of his or her application.

    However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

  • Marginal note:Canadian Armed Forces  —  person attached or seconded

    (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.

• Marginal note:2008, c. 14, s. 4(1)

  (5) Subsection 5(2) of the Act is replaced by the following:

  • Marginal note:Grant of citizenship

    (2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, if

    • (a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child;

    • (b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident;

    • (c) in the case of a person who is 14 years of age or over at the date of the application, he or she has an adequate knowledge of one of the official languages of Canada; and

    • (d) in the case of a person who is 14 years of age or over at the date of the application, he or she 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.

• Marginal note:1992, c. 21, s. 7

  (6) The portion of subsection 5(3) of the Act before paragraph (c) is replaced by the following:

  • Marginal note:Waiver by Minister on compassionate grounds

    (3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,

    • (a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);

    • (b) in the case of a minor,

      • (i) the requirement respecting age set out in paragraph (1)(b),

      • (ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),

      • (iii) the requirement respecting intent set out in paragraph (1)(c.1), or

      • (iv) the requirement respecting the taking of the oath of citizenship;

    • (b.1) in the case of any person who is incapable of forming the intent referred to in paragraph (1)(c.1) or 11(1)(e) because of a mental disability, the requirement respecting that intent; and

• (7) 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 special and unusual hardship or to reward services of an exceptional value to Canada.

• Marginal note:2008, c. 14, s. 4(2)

  (8) Paragraph 5(5)(d) of the Act is replaced by the following:

  • (d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;

Marginal note:2008, c. 14, par. 13(3)(a)

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

  Marginal note:Adoptees  — minors

  • 5.1 (1) Subject to subsections (3) and (4), 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

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

  Marginal note:Adoptees  — minors

  • 5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption

• (3) Subsection 5.1(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and

• Marginal note:2008, c. 14, par. 13(3)(b)

  (4) The portion of subsection 5.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Adoptees  — adults

    (2) Subject to subsections (3) and (4), 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

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

  • Marginal note:Adoptees  — adults

    (2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if

• Marginal note:2007, c. 24, s. 2

  (6) Paragraph 5.1(2)(b) of the Act is replaced by the following:

  • (b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).

• Marginal note:2008, c. 14, par. 13(3)(c)

  (7) The portion of subsection 5.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Quebec adoptions

    (3) Subject to subsection (4), 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

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

  • Marginal note:Quebec adoptions

    (3) Subject to subsection (4), 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  —  or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day  —  if

• (9) Section 5.1 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Not applicable  — after first generation

    (4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)

    • (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g) or (h), or both of the adoptive parents were citizens under any of those paragraphs; or

    • (b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.

  • Marginal note:Exception  — child or grandchild of person in service abroad

    (5) Subsection (4) does not apply to a person who was

    • (a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

    • (b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

    • (c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

• (10) Paragraph 5.1(4)(a) of the Act is replaced by the following:

  • (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;

  • (a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;

  • (a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or

• (11) Section 5.1 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Exception  — Canada and Newfoundland and Labrador

    (6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if

    • (a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and

    • (b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).

5. The Act is amended by adding the following after section 5.1:

Marginal note:2008, c. 14, s. 5

6. Section 7 of the Act is replaced by the following:

• 7. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Renunciation of citizenship

  • 9. (1) Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he

• (2) Section 9 of the Act is amended by adding the following after subsection (2):

  • 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) or (2) 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) or (2) 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.

• (3) Subsection 9(3) of the Act is replaced by the following:

  • Marginal note:Certificate of renunciation

    (3) If an application under subsection (1) is approved by the Minister, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or any later day that the certificate may specify.

8. Section 10 of the Act is replaced by the following:

• 9. (1) Paragraph 11(1)(b) of the Act is replaced by the following:

  • (b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;

  • (b.1) is not the subject of a declaration made under section 20;

• Marginal note:2001, c. 27, s. 229

  (2) Subsection 11(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

  • (d) has become 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, since having ceased to be a citizen and become a permanent resident,

    • (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

    • (ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made; and

  • (e) intends, if granted citizenship,

    • (i) to continue to reside in Canada,

    • (ii) to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, or

    • (iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

• (3) Section 11 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, within the year immediately preceding the date of the application, completed six months of service in the Canadian Armed Forces. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

  • Marginal note:Canadian Armed Forces  — person attached or seconded

    (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the year immediately preceding the date of the application, completed six months of service with the Canadian Armed Forces.

• (4) Subsections 11(1.1) and (1.2) of the Act are replaced by the following:

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

    • (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and

    • (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

    However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

  • Marginal note:Canadian Armed Forces  —  person attached or seconded

    (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.

Marginal note:2008, c. 14, s. 13(4)

10. Part IV of the Act is replaced by the following:

Marginal note:2008, c. 14, s. 9

11. Section 13 of the Act is replaced by the following:

Marginal note:2008, c. 14, s. 10

• 12. (1) Subsection 14(1) of the Act is replaced by the following:

  Marginal note:Consideration by citizenship judge

  • 14. (1) If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on which the application is referred:

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

    • (b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and

    • (c) paragraph 11(1)(d), in the case of an application for resumption of citizenship under subsection 11(1).

• (2) Paragraphs 14(1)(a) to (c) of the Act are replaced by the following:

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

  • (b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and

  • (c) subparagraph 11(1)(d)(i), in the case of an application for resumption of citizenship under subsection 11(1).

• Marginal note:2001, c. 27, s. 230

  (3) Subsections 14(1.1) to (6) of the Act are replaced by the following:

  • Marginal note:Interruption of proceedings

    (1.1) Despite subsection (1), the citizenship judge is not authorized to make a determination until

    • (a) the completion of any investigation or inquiry for the purpose of ascertaining whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies to the applicant; and

    • (b) if the applicant is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, a determination as to whether a removal order is to be made against that applicant.

  • Marginal note:Application returned to Minister

    (1.2) Despite subsection (1), the citizenship judge is not authorized to make a determination if

    • (a) after the completion of an investigation or inquiry referred to in paragraph (1.1)(a), it is determined that section 20 or 22 applies to the applicant; and

    • (b) after an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant.

  • Marginal note:Notice to Minister

    (2) Without delay after making a determination under subsection (1) in respect of an application, the citizenship judge shall approve or not approve the application in accordance with his or her determination, notify the Minister accordingly and provide the Minister with the reasons for his or her decision.

  • Marginal note:Notice to applicant

    (3) If a citizenship judge does not approve an application under subsection (2), the citizenship judge shall without delay notify the applicant of his or her decision, of the reasons for it and of the right to apply for judicial review.

Marginal note:2002, c. 8, par. 182(1)(j)

13. Sections 15 to 17 of the Act are replaced by the following:

14. Section 18 of the Act is repealed.

• 15. (1) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:

  • 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

• (2) The portion of subsection 19(2) of the English version of the Act after paragraph (b) is repealed.

Marginal note:1997, c. 22, s. 3

• 16. (1) Subsection 20(1) of the Act is replaced by the following:

  Marginal note:Declaration by Governor in Council  — security

  • 20. (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).

• (2) Subsection 20(2) of the Act is replaced by the following:

  • 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.

• (3) Subsection 20(3) of the Act is replaced by the following:

  • 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.

17. The portion of section 21 of the Act before paragraph (a) is replaced by the following:

18. The Act is amended by adding the following after section 21:

Marginal note:1992, c. 47, s. 67(1)

• 19. (1) Paragraph 22(1)(b) of the Act is replaced by the following:

  • (a.1) while the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;

  • (a.2) while the person is serving a sentence outside Canada for an offence under any Act of Parliament;

  • (b) while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;

  • (b.1) subject to subsection (1.1), while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;

• Marginal note:1992, c. 49, s. 124

  (2) Subsection 22(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by replacing paragraph (f) with the following:

  • (e.1) if the person directly or indirectly misrepresents or withholds material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act;

  • (e.2) if, during the five years immediately before the person’s application, the person was prohibited from being granted citizenship or taking the oath of citizenship under paragraph (e.1);

  • (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 paragraph 10.1(3)(a); or

  • (g) if the person’s citizenship has been revoked under subsection 10(2) or paragraph 10.1(3)(b).

• Marginal note:R.S., c. 30 (3rd Supp.), s. 11(2)(E); 1992, c. 47, s. 67(2); 2008, c. 14, s. 11(2)

  (3) Subsection 22(2) of the Act is replaced by the following:

  • Marginal note:Waiver

    (1.1) The Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compassionate grounds.

  • 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 the person has been convicted of an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act,

    • (a) during the four-year period immediately before the date of the person’s application; or

    • (b) during the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship.

  • Marginal note:Prohibition  — conviction of offence outside Canada

    (3) 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 if the person has been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred during

    • (a) the four-year period immediately before the date of the person’s application; or

    • (b) the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship.

  • Marginal note:Prohibition  — specific cases

    (4) 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 if the person, before or after the coming into force of this subsection and while the person was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

    • (a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section;

    • (b) was convicted of a terrorism offence as defined in section 2 of the Criminal Code  —  or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section  —  and sentenced to at least five years of imprisonment;

    • (c) was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously;

    • (d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;

    • (e) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 47 of the Criminal Code and sentenced to imprisonment for life;

    • (f) was convicted under the National Defence Act of a terrorism offence as defined in subsection 2(1) of that Act and sentenced to at least five years of imprisonment;

    • (g) was convicted of an offence described in section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life;

    • (h) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life; or

    • (i) served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada.

  • Marginal note:Exceptional circumstances

    (5) If the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person.

  • Marginal note:Prohibition  — taking oath

    (6) Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship.

20. The Act is amended by adding the following after section 22:

21. Section 23 of the Act is replaced by the following:

22. The Act is amended by adding the following after section 23:

23. Subsection 25(2) of the Act is replaced by the following:

Marginal note:2008, c. 14, s. 12(1)

• 24. (1) Paragraph 27(a) of the Act is repealed.

• (2) Paragraph 27(b) of the Act is amended by adding the following after subparagraph (ii):

  • (iii) the provision under paragraph 12(1)(b) or (2)(b) of any means of establishing citizenship other than a certificate of citizenship,

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

  • (c.1) providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;

• (4) Subparagraph 27(d)(ii) of the Act is replaced by the following:

  • (ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;

• Marginal note:2008, c. 14, s. 12(5)

  (5) Paragraphs 27(i) to (k) of the Act are replaced by the following:

  • (i) providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;

  • (i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;

  • (j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;

  • (j.1) providing for the renunciation of citizenship by persons

    • (i) who are citizens under paragraph 3(1)(f) or (g),

    • (ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or

    • (iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);

  • (j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);

  • (k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;

  • (k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;

  • (k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;

  • (k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;

  • (k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;

  • (k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding  —  other than a proceeding before a superior court  —  or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; and

• (6) Section 27 of the Act is renumbered as subsection 27(1) and is amended by adding the following:

  • Marginal note:Conditions

    (2) Regulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

Marginal note:2007, c. 24, s. 3.1

25. Subsection 27.1(1) of the Act is replaced by the following:

26. The Act is amended by adding the following after section 27.1:

27. The Act is amended by adding the following after section 28:

28. Subsections 29(1) to (3) of the Act are replaced by the following:

29. The Act is amended by adding the following after section 29:

30. Section 31 of the Act is replaced by the following:

TRANSITIONAL PROVISIONS

Marginal note:Existing applications  — sections 5, 5.1, 9 and 11

• 31. (1) Subject to subsections (2) and (3), an application that was made under subsection 5(1), (2), or (5), 5.1(1), (2) or (3), 9(1) or 11(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accord­ance with

  • (a) the provisions of that Act  —  except section 3, subsection 5(4), sections 5.1 and 14 and paragraph 22(1)(f)  —  as they read immediately before that day; and

  • (b) the following provisions of that Act as they read on that day:

    • (i) section 3,

    • (ii) paragraph 5(2)(b) and subsection 5(4),

    • (iii) section 5.1 other than paragraph (1)(c.1),

    • (iv) sections 13.1 to 14, and

    • (v) paragraphs 22(1)(a.1), (a.2), (b.1), (e.1), (e.2) and (f) and subsections 22(1.1), (3) and (4).

• Marginal note:Order in council

  (2) On the day on which section 11 comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that section 11.

• Marginal note:Paragraphs 5(1)(c) and 11(1)(d)

  (3) On the day on which subsection 2(2) comes into force

  • (a) the reference to section 11 in subsection (1) is replaced by a reference to that subsection 2(2); and

  • (b) the requirement described in paragraph 5(1)(c) or 11(1)(d) of that Act, as enacted by subsections 3(1) and 9(2), respectively, that a person have no unfulfilled conditions relating to their status as a permanent resident, applies to an application referred to in subsection (1).

Marginal note:Reports under former section 10

32. If, immediately before the day on which section 8 comes into force, the Minister, within the meaning of the Citizenship Act, was entitled to make or had made a report referred to in section 10 of that Act, as that section 10 read immediately before that day, the matter is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.

Marginal note:Judicial review  — subsection 10(1)

33. If a matter is the subject of an order that is made under subsection 10(1) of the Citizenship Act before the day on which section 8 comes into force or as a result of the application of section 32 or subsection 40(1) and that is set aside by the Federal Court and referred back for determination, the matter is to be determined by the Governor in Council in accordance with that subsection 10(1) as it read immediately before that day.

Marginal note:Existing applications  — subsections 5(1.2) and (1.3) and 11(1.1) and (1.2)

• 34. (1) Subject to subsection (2), subsections 5(1.2) and (1.3) and 11(1.1) and (1.2) of the Citizenship Act, as enacted by subsections 3(3) and 9(3), respectively, continue to apply in respect of applications that were made before the day on which subsections 3(4) and 9(4) come into force and were not finally disposed of before that day.

• Marginal note:Exception

  (2) The requirement described in subsections 5(1.2) and 11(1.1) of the Citizenship Act, as enacted by subsections 3(4) and 9(4), respectively, that a person have no unfulfilled conditions relating to his or her status as a permanent resident applies in respect of applications referred to in subsection (1).

Marginal note:Redetermination of decisions  — sections 5, 9 and 11

35. Any decision that is made under section 5, 9 or 11 of the Citizenship Act before the day on which subsection 12(1) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after the day on which that subsection comes into force is to be determined in accordance with that Act as it reads on that day.

Marginal note:Expiry of section 14  — decisions under section 5 or 11

36. In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, any decision that is made under section 5 or 11 of that Act before the day on which that section 14 expires 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:Existing applications  — subsection 12(1)

• 37. (1) An application that was made under subsection 12(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with

  • (a) the provisions of that Act  —  except section 3  —  as they read immediately before that day; and

  • (b) section 3 of that Act as it reads on that day.

• Marginal note:Order in council

  (2) On the day on which subsection 2(2) comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that subsection 2(2).

Marginal note:Existing applications  — expiry of section 14

38. In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, every application that is referred to a citizenship judge for determination under that section 14 and in respect of which a decision to approve or not to approve is not made before the expiry of that section 14 is to be dealt with and disposed of in accordance with the provisions of that Act, as if that section 14 had been repealed.

Marginal note:Existing appeals and judicial review applications

39. An appeal under subsection 14(5) of the Citizenship Act  —  or an application for judicial review with respect to any matter under that Act  —  that was commenced before the day on which section 20 comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with that Act and the Federal Courts Act as they read immediately before that day.

Marginal note:Proceeding pending

• 40. (1) A proceeding that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.

• Marginal note:Revocation cases  —  sections 34, 35 and 37 of Immigration and Refugee Protection Act

  (2) Any proceeding with respect to allegations that a 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, that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be continued as a proceeding under subsection 10.1(1) of the Citizenship Act, as enacted by section 8.

• Marginal note:Minister of Public Safety and Emergency Preparedness

  (3) In a proceeding that is continued as set out in subsection (2), the Minister of Citizenship and Immigration, on the request of the Minister of Public Safety and Emergency Preparedness, may seek a declaration that the person 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:Other cases

  (4) If, immediately before the coming into force of section 8, a notice has been given under subsection 18(1) of the Citizenship Act, as that subsection read immediately before that coming into force, and the case is not provided for under section 32 or any of subsections (1) to (3), the notice is cancelled and any proceeding arising from it is terminated on that coming into force, in which case the Minister, within the meaning of that Act, may provide the person to whom that notice was given a notice under subsection 10(3) of that Act, as enacted by section 8, or may commence an action for a declaration in respect of that person under subsection 10.1(1) of that Act, as enacted by section 8.

CONSEQUENTIAL AMENDMENTS

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

Marginal note:2002, c. 8, s. 30

41. Section 21 of the Federal Courts Act is repealed.

2001, c. 27Immigration and Refugee Protection Act

42. Paragraph 40(1)(d) of the Immigration and Refugee Protection Act is replaced by the following:

43. Subsection 46(2) of the Act is replaced by the following:

COORDINATING AMENDMENTS

Marginal note:2013, c. 33

• 44. (1) In this section, “other Act” means the Economic Action Plan 2013 Act, No. 1.

• (2) If section 170 of the other Act comes into force before subsection 24(2) of this Act, then that subsection 24(2) is repealed.

• (3) If section 170 of the other Act comes into force on the same day as subsection 24(2) of this Act, then that subsection 24(2) is deemed to have come into force before that section 170.

• (4) On the first day on which both section 27.2 of the Citizenship Act, as enacted by section 171 of the other Act, and section 27.2 of the Citizenship Act, as enacted by section 26 of this Act, are in force, section 27.2 of the Citizenship Act, as enacted by section 171 of the other Act, is renumbered as section 27.3 and is repositioned accordingly if required.

Marginal note:Bill C-425

• 45. (1) Subsections (2) to (4) apply if Bill C-425, introduced in the 1st session of the 41st Parliament and entitled An Act to amend the Citizenship Act (honouring the Canadian Armed Forces) (in this section referred to as the “other Act”), receives royal assent.

• (2) If the other Act comes into force before subsection 3(3) of this Act, then, on the day on which that subsection 3(3) comes into force, paragraph 5(1)(e.1), subsections 9(1.1) and (1.2) and paragraph 11(1)(c.1) of the Citizenship Act are repealed and the Citizenship Act is amended by adding “and” at the end of paragraphs 5(1)(e) and 11(1)(c).

• (3) If subsection 3(3) of this Act comes into force before the other Act, then, on the day on which the other Act comes into force, the other Act is deemed never to have come into force and is repealed.

• (4) If subsection 3(3) of this Act comes into force on the same day as the other Act, then that subsection 3(3) is deemed to have come into force before the other Act and subsection (3) applies as a consequence.

COMING INTO FORCE

Marginal note:Order in council

• 46. (1) Subsection 7(3), section 11, subsections 12(1) and (3), section 13, subsection 16(2) and sections 20, 22, 27 and 41 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Subsections 2(2), (3), (5), (6), (8), (11), (15) and (17) to (19), 3(1), (2), (4) to (6) and (8) and 4(2), (3), (5), (6), (8), (10) and (11), section 6, subsections 7(1) and (2), section 8, subsections 9(1), (2) and (4), section 10, subsection 12(2), sections 14 and 15, subsections 16(1) and (3), sections 17 to 19, 21 and 23, subsections 24(2) to (6) and sections 25, 28 to 30, 42 and 43 come into force on a day to be fixed by order of the Governor in Council that is made not earlier than one day after the day on which an order is made under subsection (1).

• Marginal note:Order in council

  (3) Subsection 24(1) and section 26 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:April 17, 2009

  (4) Subsections 2(4), (7), (9), (10), (12), (14) and (16) and 4(1), (4), (7) and (9) are deemed to have come into force on April 17, 2009.