Bill C-63
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LOSS OF CITIZENSHIP |
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| General
principle
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13. A citizen continues to be a citizen unless
the person's citizenship is lost in accordance
with this Part.
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| Automatic
loss
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14. A person who acquires citizenship
because the person was born, outside Canada,
of a parent having , at the time of the person's
birth, citizenship either as a result of the
parent's birth outside Canada after February
14, 1977 or as a result of the registration under
prior legislation, after that date, of the parent's
birth outside Canada loses citizenship on
attaining 28 years of age, unless the person
applies to retain citizenship and has resided in
Canada for at least 1,095 days during the six
years before so applying.
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| Renunciation
of citizenship
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15. (1) The Minister shall, on application,
allow a citizen to renounce their citizenship,
if the citizen
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| Waiver on
compassio- nate grounds
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(2) If the Minister believes that there are
compassionate grounds for doing so, the
Minister may waive the application of
paragraph (1)(c) or (d) to the person.
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| Revocation
order
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16. (1) The Governor in Council may make
an order revoking the citizenship or
renunciation of citizenship of a person if the
Governor in Council is, on the report of the
Minister, satisfied that a person has obtained,
retained, renounced or resumed citizenship by
false representation or fraud or knowingly
concealing material circumstances.
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| Effective date
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(2) The revocation takes effect on the day
that the Governor in Council specifies in the
order.
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| Presumption
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(3) For the purposes of this section, a person
is deemed to have obtained or resumed
citizenship by false representation or fraud or
by concealing material circumstances if the
person was admitted to Canada for permanent
residence by false representation or fraud or
by knowingly concealing material
circumstances and, because of that admission,
the person subsequently obtained or resumed
citizenship.
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| Notice of
decision
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17. (1) The Minister shall not make a report
mentioned in subsection 16(1) unless the
Minister notifies the person who is to be the
subject of the report that the report is to be
made and
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| Statement in
notice
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(2) The notice must state that the person to
whom it is sent may, within 30 days after the
sending, request the Minister to refer the
matter to the Federal Court - Trial Division.
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| Final decision
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(3) A decision of the Federal Court - Trial
Division made under subsection (1) is final
and, despite any other Act of Parliament, is not
subject to appeal.
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| Annulment
order
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18. (1) If the Minister is satisfied that a
person has, after the coming into force of this
Act, obtained, retained, renounced or resumed
citizenship in contravention of section 28 or
by using a false identity, the Minister may, by
order, declare that the obtention, retention,
renunciation or resumption of citizenship is,
and always has been, void.
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| Notice of
decision
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(2) The Minister shall not make an order
unless the Minister, at least 30 days before
making it, notifies the person who is to be the
subject of the order.
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| Statement in
notice
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(3) The notice must state that the person
may, within 30 days after the date on which it
was sent, make written representations to the
Minister about the proposed order.
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| Informing
person on
annulment
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(4) On making an order under subsection
(1), the Minister shall inform the person who
is the subject of the order that the order has
been made and advise them of their right to
apply for judicial review under section 18.1 of
the Federal Court Act.
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| Limitation
period
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(5) The Minister may not make an order
under subsection (1) more than five years after
the day on which the citizenship was granted,
retained, renounced or resumed, as the case
may be.
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PART 3 |
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RESTORATION OF CITIZENSHIP |
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| Resumption
of citizenship
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19. (1) The Minister shall, on application,
grant citizenship to a person who has lost their
citizenship and
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| Deemed
residence in
Canada
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(2) Despite subparagraph 2(2)(c)(i), a day
on which an applicant for citizenship is a
permanent resident residing with the
applicant's spouse who is a citizen engaged,
other than as a locally engaged person, for
service or employment outside of Canada in or
with the Canadian armed forces or the public
service of Canada or of a province, is deemed
to be a day on which the applicant resided in
Canada for the purposes of paragraph (1)(b).
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| Citizenship
for certain
women
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20. A woman who notifies the Minister, in
writing, that she elects to become a citizen
shall be granted citizenship, effective from the
day the Minister receives the notice, if the
woman
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PART 4 |
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PROHIBITIONS |
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Public Interest |
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| Report of
Minister
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21. (1) If the Minister is satisfied that there
are reasonable grounds to believe that it is not
in the public interest for a person to become a
citizen, the Minister may submit a report to the
Governor in Council recommending that the
person not be granted citizenship or be
allowed to take the oath of citizenship.
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| Notice of
intention
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(2) The Minister shall not submit a report
unless the Minister, at least 30 days before
submitting it, notifies the person who is to be
the subject of the report.
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| Statement in
notice
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(3) The notice must include a summary of
the grounds contained in the report and state
that that person may, within 30 days after the
date on which the notice was sent, make
written representations to the Minister about
those grounds.
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| Order of the
Governor in
Council
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22. (1) Despite any other provision of this
Act, if the Governor in Council is, on
receiving a report under section 21, satisfied
that there are reasonable grounds to believe
that it would not be in the public interest for
the person who is the subject of the report to
become a citizen, the Governor in Council
may, by order, prohibit the grant of citizenship
to that person or the taking of the oath of
citizenship by that person.
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| Effect
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(2) The Minister is, on the making of the
order, deemed to reject any application for the
grant or resumption of citizenship made by the
person who is the subject of the order.
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| Order final
and binding
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(3) The order is final and, despite any other
Act of Parliament, is not subject to appeal to
or review by any court.
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| Effective
period
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(4) The order is effective for five years after
the date it is made.
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| Conclusive
proof
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(5) Despite anything in this Act or any other
Act of Parliament, the order is conclusive
proof of the matters stated in it.
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National Security |
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| Definitions
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23. (1) In this section, ``Review
Committee'' and ``threats to the security of
Canada'' have the meanings assigned to those
expressions by section 2 of the Canadian
Security Intelligence Service Act.
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| Report to
Review
Committee
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(2) The Minister may report to the Review
Committee about any person who, in the
opinion of the Minister, should not be granted
citizenship, take the oath of citizenship or be
issued a certificate of renunciation because
there are reasonable grounds to believe that
the person has engaged or will engage in
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| Notice
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(3) The person who is the subject of a report
shall, within 10 days after the report is made,
be notified by the Minister that the report has
been made and that the Governor in Council
may, following an investigation, make a
declaration about that person under section
27.
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| Application of
Canadian
Security
Intelligence
Service Act
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(4) The Review Committee shall
investigate the grounds on which the report is
based and, for that purpose, subsections 39(2)
and (3) and sections 43, 44 and 48 to 51 of the
Canadian Security Intelligence Service Act
apply, with any modifications that the
circumstances require, to the investigation as
if
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| Summary
statement
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(5) The Review Committee shall, as soon as
practicable, send to the person who is the
subject of the report a statement summarizing
the information available to the Review
Committee so as to enable that person to be
informed as much as possible of the
circumstances giving rise to the report, having
regard to whether, in the opinion of the
Review Committee, the summarized
information may be disclosed without injury
to national security or to the safety of persons.
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| Report
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(6) On completion of its investigation, the
Review Committee shall report to the
Governor in Council on the investigation. The
Review Committee shall, when it is
convenient to do so, provide the report's
conclusion to the person who is the subject of
the report.
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| End of
investigation
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(7) If the Review Committee is of the
opinion that it cannot perform the duties
described in subsections (4), (5) and (6), it
shall stop the investigation and give notice to
the Minister and the person to whom the
investigation relates.
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| Appointment
of retired
judge
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24. (1) The Governor in Council may
appoint, for a period of three to five years, a
retired judge of a superior court to perform the
duties and have the powers and functions of a
Review Committee referred to in subsections
23(4), (5) and (6). The Governor in Council
shall, before making the appointment, consult
with the Prime Minister of Canada, the Leader
of the Official Opposition in the House of
Commons and the leader of any other party
having at least 12 members sitting in that
House.
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| Tenure and
renewal
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(2) The Governor in Council may not
remove a retired judge appointed under
subsection (1) except for cause. The
appointment may be renewed at the end of its
term.
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| Remunera- tion
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(3) A retired judge appointed under
subsection (1) is entitled to receive, for each
day on which the judge performs duties and
exercises functions or powers, the
remuneration that the Governor in Council
fixes.
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| Moving and
travel
expenses
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(4) The judge is entitled to be paid any
moving expenses and travel expenses that the
judge reasonably incurred to perform those
duties and exercise those functions or powers
outside their place of residence.
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| Reference
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25. (1) The Minister may refer a matter that
a Review Committee has stopped
investigating under subsection 23(7) to a
retired judge appointed under subsection
24(1). The Minister shall provide the retired
judge with a copy of the report referred to in
subsection 23(2) and send the notice referred
to in subsection 23(3) to the person who is the
subject of the report.
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| Application of
subsections
23(4), (5) and
(6)
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(2) Subsections 23(4), (5) and (6) apply to
the retired judge as if the judge were the
Review Committee.
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| Annual report
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26. (1) A retired judge appointed under
subsection 24(1) shall submit an annual report
every year, on or before September 30, to the
Solicitor General of Canada on the judge's
activities for the preceding fiscal year.
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| Tabling in
Parliament
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(2) After receiving the report, the Solicitor
General shall cause the report to be laid before
each House of Parliament within the first 15
days that that House is sitting.
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| Declaration
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27. (1) After considering the report made by
the Review Committee under section 23, the
Governor in Council may declare that there
are reasonable grounds to believe that the
person who is the subject of the report has
engaged or will engage in an activity
mentioned in paragraph 23(2)(a) or (b).
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| Effect
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(2) The Minister is, on the making of the
declaration, deemed to reject any application
for the grant or resumption of citizenship or
for a certificate of renunciation made by the
person who is the subject of the declaration.
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| Declaration
final and
binding
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(3) The declaration is final and, despite any
other Act of Parliament, is not subject to
appeal to or review by any court.
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| Effective
period
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(4) The declaration is effective for five
years after the date it is made.
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| Conclusive
proof
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(5) Despite anything in this Act or any other
Act of Parliament, the declaration is
conclusive proof of the matters stated in it
about the application or the notice.
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