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Bill C-333

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First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-333
An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act (granting and revoking of citizenship)
FIRST READING, December 14, 2016
Ms. Kwan
421248


SUMMARY
This enactment amends the Citizenship Act to, among other things,
(a)permit certain persons who lost their Canadian citizenship for a specified reason to regain citizenship;
(b)allow a person to acquire Canadian citizenship despite being born outside Canada to a Canadian parent who was born outside Canada if the person establishes that the parent has or had a substantial connection to Canada;
(c)provide for a hearing by the Immigration Appeal Division before a person’s citizenship may be revoked for false representation or fraud or for knowingly concealing material circumstances;
(d)limit the period for which the Minister may suspend the processing of an application for citizenship;
(e)provide that the prohibition against granting citizenship does not apply in respect of a person who was dealt with under the Youth Criminal Justice Act or would have been if the offence had been committed in Canada; and
(f)clarify that no decision, action or declaration may be made that would render a person stateless.
It also amends the Immigration and Refugee Protection Act to repeal provisions related to inadmissibility and loss of status resulting from the cessation of refugee protection for permanent residents.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


1st Session, 42nd Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-333
An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act (granting and revoking of citizenship)
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

1Subsection 2(2) of the Citizenship Act is amended by adding the following after paragraph (a):
(a.‍1)a stateless person is a person who is not considered a national by any state under the operation of its laws and includes a person who is, in fact, a national of a state but is not recognized as such by that state;
2(1)Subparagraph 3(1)‍(f)‍(iii) of the Act is replaced by the following:
(iii)the person made an application to retain his or her citizenship under section 8 as it read before April 17, 2009, that subsequently was not approved.
(2)Subsection 3(1) of the Act is amended by adding the following after paragraph (g):
(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;
(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 on June 11, 2015.
3(1)Paragraph 5(1)‍(e) of the Act is replaced by the following:
(e)if under 55 years of age at the date of his or her application, demonstrates that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
(2)Section 5 is amended by adding the following after subsection (6):
Grant of citizenship
(7)The Minister shall, on application, grant citizenship to a person who
(a)is born outside Canada after April 16, 2009, to a parent born outside Canada who was a citizen at the time of the person’s birth;
(b)has been physically present in Canada for at least 1,095 days or has established a substantial connection to Canada; and
(c)has established that the parent referred to in paragraph (a) has or had a substantial connection to Canada.
4Section 10 of the Act is replaced by the following:
Revocation by Minister — fraud, false representation, etc.
10(1)Subject to subsection 10.‍1(1), the Immigration Appeal Division of the Immigration and Refugee Board (in this section referred to as the “Appeal Division”) may, on a report from the Minister, if satisfied on a balance of probabilities that a person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, revoke the person’s citizenship or renunciation of citizenship.
Immigration and Refugee Protection Act
(2)Sections 162 to 164, 166 to 169, 174 and 175 of the Immigration and Refugee Protection Act apply, with any modifications that the circumstances require, to proceedings under this section.
Powers of a commissioner
(3)For the purposes of this section, the Appeal Division and each member of that Division have the powers and authority of a commissioner appointed under Part I of the Inquiries Act and may do any other thing they consider necessary to provide a full and proper hearing.
Notice
(4)Before making a report to the Appeal Division, the Minister shall provide the person with a written notice that specifies
(a)the person’s right to make written representations;
(b)the period within which the person may make his or her representations and the form and manner in which they must be made; and
(c)the grounds on which the Minister is relying to make the report.
Notice of decision
(5)The Minister shall provide to the person, in writing, his or her decision on whether to make a report.
5The Act is amended by adding the following after section 10.‍2:
Restriction
10.‍21Sections 10 and 10.‍1 do not operate so as to author­ize any decision, action or declaration that would render a person stateless or that would otherwise conflict with any international human rights instrument regarding statelessness to which Canada is signatory.
6(1)The portion of section 13.‍1 of the Act before paragraph (a) is replaced by the following:
Suspension of processing
13.‍1(1)The Minister may suspend the processing of an application for up to 90 days if it is necessary to receive
(2)Section 13.‍1 of the Act is amended by adding the following after subsection (1):
Extension
(2)The Minister may, after notifying the applicant, extend the period of suspension for further periods, each not exceeding 90 days, if the Minister is satisfied that it is necessary to receive the information described in paragraphs (1)‍(a) and (b).
7(1)The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following:
Prohibition
22(1)Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1) or (4) or 11(1) or take the oath of citizenship
(2)Paragraphs 22(1)‍(a.‍1) and (a.‍2) of the Act are repealed.
(3)Paragraph 22(1)‍(b.‍1) of the Act is repealed.
(4)Subsection 22(1.‍1) of the Act is replaced by the following:
Limitation
(1.‍1)Subsection (1) does not apply if, with respect to an offence, the person was dealt with under the Youth Criminal Justice Act or would have been if the offence had been committed in Canada.
(5)The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
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) 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,
(6)Subsection 22(3) of the Act is repealed.
8Sections 22.‍1 to 22.‍4 of the Act are replaced by the following:
Precision
22.‍1For greater certainty, an application for judicial review with respect to any matter under this Act may be made under the Federal Courts Act.
9(1)Subparagraph 27(1)‍(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;
(2)Subparagraph 27(1)‍(j.‍1)‍(i) of the Act is replaced by the following:
(i)who are citizens under paragraph 3(1)‍(f), (g) or (g.‍1),
10Subsection 28.‍1(3) of the Act is repealed.
2001, c. 27

Immigration and Refugee Protection Act

11Section 40.‍1 of the Immigration and Refugee Protection Act is repealed.
12Paragraph 46(1)‍(c.‍1) of the Act is repealed.

Coordinating Amendments

Bill C-6
13(1)Subsections (2) to (5) apply if Bill C-6, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Citizenship Act and to make consequential amendments to another Act (in this section referred to as the “other Act”), receives royal assent.
(2)If subsection 3(1) of this Act comes into force before subsection 1(6) of the other Act, then that subsection 1(6) is repealed.
(3)If subsection 3(1) of this Act comes into force on the same day as subsection 1(6) of the other Act, then that subsection 1(6) is deemed to have come into force before that subsection 3(1).
(4)If section 4 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed.
(5)If section 4 of this Act comes into force on the same day as section 3 of the other Act, then that section 3 is deemed to have come into force before that section 4.
Published under authority of the Speaker of the House of Commons

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