Bill S-36

This enactment deals with the broad concept of citizenship as it applies to all Canadians. It replaces the existing Citizenship Act, which deals principally with the naturalization process. It states in positive terms the status, rights and obligations of Canadian citizenship, encouraging all citizens to participate fully in the life and growth of the nation. It provides a modern form of oath of loyalty to be taken by new citizens, and allows existing citizens to take the oath to reaffirm their loyalty to Canada if they choose to do so.

A Canadian Citizenship Commission is established with a duty to promote an understanding of the nature of citizenship and respect for its value. The Commission will also advise the Minister of Canadian Heritage and the Minister of Citizenship and Immigration on proposed programs and events that will promote and celebrate Canada and Canadian citizenship.

Citizenship Councillors will be appointed to continue the work of the former citizenship judges. They will preside at citizenship ceremonies, promote citizenship and may advise the Minister on applications for citizenship.

The members of the Commission will be appointed from among those who hold the office of Citizenship Councillor.

The enactment confirms the principal rights of citizens and their responsibilities and sets out the manner in which citizenship is acquired. It provides for the continued acquisition of citizenship at birth for everyone born in Canada. The residency for immigrants and refugees to obtain citizenship will be based on actual presence in Canada.

The distinction made between adopted children and children born abroad of Canadian parents is lessened for the purpose of acquiring citizenship. The right to transmit citizenship to persons born abroad of Canadian parents is limited to the first and second generations.

The enactment continues the authority of the Minister to annul the citizenship of persons who obtained their citizenship by using a false identity or who were subject to prohibitions. It allows the Minister to refuse to grant citizenship on the advice of a Review Committee when national security requires it.

The enactment establishes a new Canadian Citizenship Tribunal that considers whether an application for citizenship should be refused on the basis of public interest. If in such cases the Tribunal so advises, the Governor in Council may refuse to grant citizenship.

The process for dealing with applications for citizenship is administrative rather than judicial.

Prohibitions and offences related to citizenship and its acquisition are established in order to maintain the integrity of Canadian citizenship.