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Bill S-245

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-245
An Act to amend the Citizenship Act (granting citizenship to certain Canadians)

FIRST READING, May 12, 2022

THE HONOURABLE SENATOR MARTIN

4412022


SUMMARY

This enactment amends the Citizenship Act to permit certain persons who lost their Canadian citizenship to regain it.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-245

An Act to amend the Citizenship Act (granting citizenship to certain Canadians)

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

R.‍S.‍, c. C-29

Citizenship Act

1(1)Subparagraph 3(1)‍(f)‍(iii) of the Citizenship Act is replaced by the following:

  • (iii)the person Insertion start made Insertion end an application to retain his or her citizenship under section 8 as it read before Insertion start April 17, 2009, Insertion end that subsequently was not approved;

(2)Subsection 3(1) of the Act is amended by adding the following after paragraph (g):

  • Start of inserted block

    (g.‍1)the person was born outside Canada after February 14, 1977, and would be a citizen if he or she had made an application to retain his or her citizenship under section 8 as it read before April 17, 2009;

    End of inserted block

(3)Subsections 3(4) and (4.‍1) of the Act are replaced by the following:

Exception

(4)Subsection (3) does not apply to a person who was a citizen Insertion start on June 11, 2015 Insertion end .

2Subparagraph 27(1)‍(j.‍1)‍(i) of the Act is replaced by the following:

  • (i)who are citizens under paragraph 3(1)‍(f), (g) or Insertion start (g.‍1), Insertion end

Published under authority of the Senate of Canada



EXPLANATORY NOTES

Citizenship Act
Clause 1: (1)Text of relevant portions of subsection 3(1):

3(1)Subject to this Act, a person is a citizen if

  • . . .

  • (f)before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:

    • . . .

    • (iii)the person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved;

  • . . .

(2)New.
(3)Text of subsections 3(4) and (4.‍1):

(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.

(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.

Clause 2:Text of relevant portions of subsection 27(1):

27(1)The Governor in Council may make regulations

  • . . .

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

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

    • . . .


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