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Bill C-417

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1st Session, 37th Parliament,
49-50-51 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-417

An Act respecting Canadian citizenship

Preamble

WHEREAS Canadian citizenship is a special treasure of inestimable value to be nurtured and promoted;

WHEREAS the heritage of Canadian citizens speaks to their ancient and beautiful land which they inhabit in peace with nature;

WHEREAS Parliament is mindful of the dignity and worth of all Canadian citizens and the rich contribution that each can make to the growth of Canada;

WHEREAS the Constitution Act, 1867, the common law, the Civil Code, the Canadian Bill of Rights, the Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms and other enactments trace the relationships among Canadian citizens over the years;

WHEREAS active citizens, through their labours, their democratic institutions and their laws, have built a peaceful nation where they may enjoy the harvest of nature and exercise their enterprises throughout Canada and the world community, while safeguarding the land, its creatures and resources;

WHEREAS the citizens of Canada enjoy the benefits of peace and prosperity, and they should be given an opportunity to make a contribution, each according to their talents and abilities;

AND WHEREAS it is desirable to enact a measure to celebrate, protect and codify the richness of Canadian citizenship;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Code of Canadian Citizenship.

Oath of Citizenship

2. Every person, on taking Canadian citizenship, shall make and subscribe to the following oath:

I, (here state full name), pledge my loyalty to Canada and Her Majesty Elizabeth the Second, Queen of Canada. I promise to respect our country's rights and freedoms, to uphold our democratic values, to faithfully observe our laws and to fulfill my duties and obligations as a Canadian citizen.

PART 1

PROMOTION OF CANADIAN CITIZENSHIP

Purpose of Part

3. The purpose of this Part is to provide for the promotion of Canadian citizenship and to provide for programs of education in citizenship to achieve a common understanding of and a respect for citizenship.

Definitions

4. The definitions in this section apply in this Act.

``citizen''
« citoyen »

``citizen'' means a Canadian citizen.

``citizenship''
« citoyenneté »

``citizenship'' means Canadian citizenship.

``Commission ''
« Commission »

``Commission'' means the Canadian Citizenship Commission established by section 5.

``Commission er''
« commissaire »

``Commissioner'' means a person who holds the office of Canadian Citizenship Commissioner pursuant to section 6.

``Ministers''
« ministres »

``Ministers'' means the Minister of Canadian Heritage and the Minister of Citizenship and Immigration acting jointly.

Canadian Citizenship Commission

5. There is hereby established the Canadian Citizenship Commission as an agency of the Government of Canada under the administration of the Ministers.

Canadian Citizenship Commissioner s

6. (1) The Commission consists of the Canadian Citizenship Commissioners appointed according to subsection (2).

Commissioner s appointed

(2) The Governor in Council shall appoint not more than 9 Canadian Citizenship Commissioners from among those who hold the office of Citizenship Councillor pursuant to section 40.

Appointment of Chief and Deputy Chief

7. (1) The Governor in Council shall name one of the Commissioners to be the Chief Canadian Citizenship Commissioner and one of them to be the Deputy Chief Canadian Citizenship Commissioner.

Term

(2) An appointment under subsection (1) shall be for a term of not more than five years.

Reappointmen t

(3) A person may be appointed under subsection (1) for a second or third term.

Chief presides

(4) The Chief Canadian Citizenship Commissioner presides over the proceedings of the Commission.

Deputy Chief

(5) In the absence of the Chief Canadian Citizenship Commissioner, the Deputy Chief Canadian Citizenship Commissioner presides over the proceedings of the Commission.

Functions of Commission

8. (1) The functions of the Commission are

    (a) to advise the Ministers on all matters relating to citizenship, including fostering the pride of Canadians in their country, their citizenship and their responsibilities to each other in the context of a peaceful and democratic country;

    (b) to review programs prepared by any department or agency of the government that are or are proposed to be offered in any manner, medium or sector, within or outside Canada, to citizens and to those seeking Canadian citizenship, that have the objective of

      (i) promoting the ideals of Canadian citizenship,

      (ii) defining the concept of Canadian citizenship, and

      (iii) explaining the rights and obligations that Canadian citizenship entails;

    (c) to advise the Ministers respecting the symbols of Canada and their use and display;

    (d) to review and advise on plans and proposals by the Government of Canada for events throughout Canada that celebrate Canada and Canadian citizenship; and

    (e) to be a source of persons with experience in matters of citizenship from which the Citizenship Review Tribunal may be appointed from time to time, pursuant to Part 3.

Programs

(2) Programs mentioned in paragraph (1)(b) include programs

    (a) to assist Canadian citizens to enjoy the benefits and bear the responsibilities of citizenship; and

    (b) to encourage and assist new arrivals in Canada to become Canadian citizens and to enjoy the benefits and bear the responsibilities of citizenship.

Advisory role

9. The role of the Commission is advisory, and the Commission does not have the power to determine that any program, event or symbol or any information respecting citizenship must or must not be offered, held, used or disseminated.

Annual report

10. (1) The Commission shall prepare and submit to the Ministers, no later than April 1 in every year, a report on its operations in respect of the previous fiscal year.

Laid before Parliament

(2) On receiving the report from the Commission, the Ministers shall cause it to be laid before each House of Parliament on any of the first five days after it is received that the House sits.

PART 2

CANADIAN CITIZENSHIP

Interpretation

11. The definition in this section applies in this Part.

``Minister''
« ministre »

``Minister'' means the Minister of Citizenship and Immigration.

Purpose of Part

12. The purpose of this Part is to confirm the rights of Canadians to citizenship for themselves and their children and the responsibilities that attach to Canadian citizenship.

Citizenship at Birth

Persons who are citizens

13. (1) A person is a citizen if the person was a citizen immediately before the coming into force of this section or becomes a citizen in accordance with this Act.

Acquisition at birth

(2) A person acquires citizenship at birth if, after the coming into force of this section,

    (a) the person is born in Canada; or

    (b) the person is born outside Canada of a parent who is a citizen at the time of the birth, unless the parent's citizenship was acquired because the parent was born, outside Canada, of a father or mother who was a citizen at the time of the parent's birth and whose citizenship was also acquired as a result of the father's or mother's birth, as the case may be, after February 14, 1977, outside Canada.

Birth in Canada - exception for children of foreign diplomats, etc.

(3) Paragraph (2)(a) does not apply to a person if, at the time of the person's birth, neither of the person's parents is a citizen or lawfully admitted to Canada for permanent residence and one of the parents is

    (a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

    (b) an employee in the service of a person referred to in paragraph (a); or

    (c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to persons referred to in paragraph (a).

Deserted child

(4) If a person who appears to be less than seven years of age is found in Canada as a deserted child, paragraph (2)(a) is deemed to apply to the person, unless, within seven years of the finding, it is proved that the person was not born in Canada.

Child born after death of parent

(5) For the purposes of paragraph (2)(b) and subsection (3), if a child is born after the death of either of the child's parents, the child is deemed to have been born before the death of that parent.

Grant of citizenship

General principle

14. (1) A person acquires citizenship on being granted citizenship by the Minister and taking the oath of citizenship provided in section 2. The requirement of taking the oath of citizenship does not apply to a person referred to in section 15, 16 or 28 or a person who is less than 14 years of age.

Adults

(2) The Minister shall, on application, grant citizenship to a person who

    (a) is at least 18 years of age;

    (b) has been lawfully admitted to Canada for permanent residence, continued to be a permanent resident and has, during the six years immediately before applying for citizenship, resided in Canada for at least 1,095 days, calculated in the following manner :

      (i) the person is deemed to have resided in Canada

        (A) if the person is determined to be a Convention refugee, one day for every day that the person has resided in Canada, during the period beginning on the day on which the person made application to be a Convention refugee and ending on the day before the person became a permanent resident, or

        (B) if the person is a visitor or has a permit within the meaning of the Immigration 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

      (ii) for every day during which the person has resided in Canada after lawful admission to Canada for permanent residence, the person is deemed to have resided in Canada for one day;

    (c) has an adequate knowledge of one of the official languages of Canada; and

    (d) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.

Waiver on compassionat e grounds

(3) If the Minister believes there are compassionate grounds for doing so, the Minister may waive

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

    (b) in the case of a minor, the requirement

      (i) respecting age, set out in paragraph (2)(a), and

      (ii) respecting length of residence in Canada, set out in paragraph (2)(b); or

    (c) in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of mental disability, the requirement to take the oath.

Minors

(4) The Minister shall, on application, grant citizenship to a permanent resident who is a minor at the time of the application and the child of a citizen.

Adoptees

15. The Minister shall, on application, grant citizenship to a person who, after February 14, 1977, was adopted by a citizen while the person was a minor child and whose adoption

    (a) was in the best interests of the child;

    (b) created a genuine relationship of parent and child;

    (c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen; and

    (d) was not intended to circumvent the requirements under any enactment for admission to Canada or Canadian citizenship.

Statelessness - bloodline connection

16. The Minister shall, on application, grant citizenship to a person who

    (a) is born outside Canada after the coming into force of this section;

    (b) has a birth parent who is a citizen at the time of the birth;

    (c) has resided in Canada for at least 1,095 days during the six years immediately before applying for citizenship;

    (d) has always been stateless; and

    (e) has not been convicted of an offence against national security.

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