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Bill C-417

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Consequential Amendments

R.S., c. C-23

Canadian Security Intelligence Service Act

66. Subparagraph 38(c)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:

      (ii) reports made to the Committee pursuant to subsection 33(2) of the Code of Canadian Citizenship or sections 39 and 81 of the Immigration Act, and

67. Paragraphs 55(a) and (b) of the Act are replaced by the following:

    (a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act, subsection 33(5) of the Code of Canadian Citizenship or subsection 39(6) or 81(5) of the Immigration Act; or

    (b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act. subsection 33(6) of the Code of Canadian Citizenship or subsection 39(10) or 81(8) of the Immigration Act.

R.S., c. C-46

Criminal Code

Definitions

68. Subsection 58(2) of the Criminal Code is replaced by the following:

(2) In this section, ``certificate of citizenship'' and ``certificate of naturalization'' have the meaning assigned to those expressions by subsection 19(1) of the Code of Canadian Citizenship .

2000, c. 9

Canada Elections Act

69. Paragraph 65(f) of the Canada Elections Act is replaced by the following:

    (f) a judge appointed by the Governor in Council;

R.S., c. F-7

Federal Court Act

70. Section 21 of the Federal Court Act is repealed.

R.S., c. I-2

Immigration Act

71. (1) The definition ``Canadian citizen'' in subsection 2(1) of the Immigration Act is replaced by the following:

``Canadian citizen''
« citoyen canadien »

``Canadian citizen'' means a person who is a citizen within the meaning of the Code of Canadian Citizenship ;

1992, c. 49, s. 1(6)

(2) The portion of the definition ``permanent resident'' in subsection 2(1) of the Act after paragraph (c) is replaced by the following:

    and includes a person who has become a Canadian citizen but who has subsequently lost their Canadian citizenship under section 33 of the Code of Canadian Citizenship, and a person who, having been a permanent resident, is the subject of an order under subsection 23(1) of that Act;

1992, c. 49, s. 16(8)

72. Paragraph 27(2)(i) of the Act is replaced by the following:

      (i) loses their Canadian citizenship under section 33 of the Code of Canadian Citizenship;

73. Subsection 41(2) of the Act is replaced by the following:

Application for certificate of citizenship

(2) If an inquiry in respect of a person is adjourned under subsection (1), that person's claim to be a Canadian citizen shall be referred to the Minister of Citizenship and Immigration and that person shall, without delay , make an application for a certificate of citizenship under subsection 43(1) of the Code of Canadian Citizenship .

74. (1) Subsection 42(1) of the Act is replaced by the following:

If certificate of citizenship issued

42. (1) If a certificate of citizenship is issued under subsection 43(1) of the Code of Canadian Citizenship to a person who is the subject of an inquiry, the adjudicator who was presiding at the inquiry or any other adjudicator shall terminate the inquiry and let that person come into or remain in Canada, as the case may be.

(2) Paragraphs 42(2)(a) and (b) of the English version of the Act are replaced by the following:

    (a) the person who was the subject of the inquiry does not, without delay , make an application for a certificate of citizenship under the Code of Canadian Citizenship ;

    (b) a certificate of citizenship is not issued under the Code of Canadian Citizenship to that person within six months from the day on which the inquiry was adjourned or within any greater period that the adjudicator considers appropriate in the circumstances; or

R.S., c. P-36

Public Service Superannuation Act

75. (1) Part II of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

A citizenship judge appointed by the Governor in Council pursuant to the Citizenship Act

    Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté

(2) Part II of Schedule I to the Act is amended by adding, in alphabetical order, the following:

A Citizenship Councillor appointed by the Governor in Council under the Code of Canadian Citizenship

    Conseiller de la citoyenneté nommé par le gouverneur en conseil en application du Code de la citoyenneté canadienne

(3) Part III of Schedule I to the Act is amended by adding, in alphabetical order, the following:

A Citizenship Councillor appointed by the Governor in Council pursuant to the Code of Canadian Citizenship

    Conseiller de la citoyenneté nommé par le gouverneur en conseil en application du Code de la citoyenneté canadienne

References

Replacement of ``Citizenship Act'' with ``Code of Canadian Citizenship''

76. The expression ``Citizenship Act'' is replaced by the expression ``Code of Canadian Citizenship'' in the following provisions:

    (a) the fifth paragraph of the preamble of the Canadian Multiculturalism Act;

    (b) the portion of section 14 of the Canadian Security Intelligence Service Act after paragraph (b);

    (c) section 122 of the Immigration Act;

    (d) subsection 2(1) of the Oaths of Allegiance Act;

    (e) paragraph 13(a) of the Official Secrets Act;

    (f) the definition ``Canadian'' in section 2 of the Special Economic Measures Act; and

    (g) the definition ``Canadian offender'' in section 2 of the Transfer of Offenders Act.

Repeal

Repeal of R.S., c. C-29

77. The Citizenship Act is repealed.

Coordinating Amendments

2001, c. 27

78. If the Immigration and Refugee Protection Act being c. 27 of 2001, (``the other Act'') comes into force, then, on the later of the coming into force of this Act and the other Act,

    (a) clause 14(2(b)(i)(B) of this Act is replaced by the following:

      (B) if the person is a visitor or has a temporary residence permit within the meaning of the Immigration and Refugee Protection Act, one half of a day for every day that the person has resided in Canada, up to a maximum of 365 days of deemed residence, during the period that the person is a visitor or a permit holder, as the case may be, and

    (b) the definition of ``permanent resident'' in subsection 19(1) of this Act is replaced by the following:

``permanent resident''
« résident permanent »

``permanent resident'' has the meaning given to that expression by subsection 2(1) of the Immigration and Refugee Protection Act .

    (c) paragraph 38(h) of this Act is replaced by the following:

    (h) requires a prescribed authorization under section 52 of the Immigration and Refugee Protection Act to return to Canada, but has not obtained it;

    (d) section 66 of this Act is replaced by the following:

66. Subparagraph 38(c)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:

      (ii) reports made to the Committee pursuant to subsection 33(2) of the Code of Canadian Citizenship or section 44 of the Immigration and Refugee Protection Act, and

    (e) section 67 of this Act is replaced by the following:

67. Paragraphs 55(a) and (b) of the Act are replaced by the following:

    (a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 33(5) of the Code of Canadian Citizenship ; or

    (b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act, subsection 33(6) of the Code of Canadian Citizenship or section 44 of the Immigration and Refugee Protection Act.

    (f) sections 71 and 72 of this Act are repealed;

    (g) paragraph 76(c) of this Act is repealed; and

    (h) sections 228 to 232 of the Immigration and Refugee Protection Act are repealed.

Coming into Force

Coming into force

79. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

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