Bill S-36

1st Session, 37th Parliament,

49-50 Elizabeth II, 2001

senate of canada

BILL S-36

An Act respecting Canadian citizenship

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

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

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.

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

“citizen” means a Canadian citizen.

“citizenship” means Canadian citizenship.

“Commission” means the Canadian Citizenship Commission established by section 5.

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

“Ministers” means the Minister of Canadian Heritage and the Minister of Citizenship and Immigration acting jointly.

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

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

(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.

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.

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

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

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

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

(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.

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.

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.

(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

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

“Minister” means the Minister of Citizenship and Immigration.

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

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.

(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.

(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).

(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.

(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

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.

(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.

(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.

(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.

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.

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.

17. The right of citizenship may be revoked only by the due process of law and on the grounds prescribed by law.

18. (1) A citizen, whether or not born in Canada, is entitled to all the rights, powers and privileges, and is subject to all the responsibilities, duties and liabilities, to which a person who is a citizen at birth is entitled or subject and has the same status as that person.

(2) A citizen has the rights granted and the responsibilities set out in the Canadian Charter of Rights and Freedoms and Canadian law, and is entitled to enjoy the peace and prosperity that prevails in Canada and to participate in its growth.

(3) Every citizen must recognize and respect the application of the rights and responsibilities mentioned in subsection (2) to other citizens.

PART 3

NATURALIZATION

19. (1) The definitions in this subsection apply in this Part.

“certificate of citizenship” means a certificate of citizenship issued under an Act of Parliament on or after January 1, 1947.

“certificate of naturalization” means a certificate of naturalization issued under any Act in force in Canada at any time before January 1, 1947.

“certificate of renunciation” means a certificate of renunciation issued under an Act of Parliament on or after February 15, 1977.

“citizenship official” means a Citizenship Councillor, the Registrar of Canadian Citizenship and any other person to whom the Minister delegates powers, duties or functions under this Act.

“Minister” means the Minister of Citizenship and Immigration.

“minor” means a person who is less than 18 years of age.

“permanent resident” has the meaning given to that expression by subsection 2(1) of the Immigration Act.

“prior legislation” means any law about naturalization or citizenship in force in Canada at any time before the coming into force of this section.

“Tribunal” means the Canadian Citizenship Tribunal established pursuant to section 29.

(2) For the purposes of this Act,

(a) a person born on a Canadian ship as defined in section 2 of the Canada Shipping Act or on a Canadian aircraft as defined in subsection 3(1) of the Aeronautics Act is deemed to be born in Canada;

(b) a person who is registered as an Indian under the Indian Act and who is not a citizen is deemed to be a permanent resident from the day the person registered; and

(c) a person resides in Canada if the person

(i) is physically present in Canada, and

(ii) is not, under an enactment in force in Canada, subject to a probation order, on parole or confined in a penitentiary, jail, reformatory or prison.

DIVISION 1

CONTINUATION OF CITIZENSHIP

20. A citizen continues to be a citizen unless the person’s citizenship is lost in accordance with this Part.

21. The Minister shall, on application, allow a citizen to renounce their citizenship, if the citizen

(a) is a citizen of a country other than Canada or, if the application is accepted, becomes a citizen of another country;

(b) is not a minor;

(c) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and

(d) resides outside Canada.

22. If the Minister believes that there are compassionate grounds for doing so, the Minister may waive the application of paragraph 21(c) or (d) to a person.

23. (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 by knowingly concealing material circumstances.

(2) A revocation takes effect on the day that the Governor in Council specifies in the order.

24. For the purposes of section 23, a person is deemed to have obtained or resumed citizenship by false representation or fraud or by knowingly 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.

25. (1) The Minister shall not make a report mentioned in subsection 23(1) unless the Minister notifies the person who is to be the subject of the report that the report is to be made and

(a) the person does not, within 30 days after the sending of the notice, request the Minister to refer the matter to the Federal Court — Trial Division; or

(b) if the person does, within 30 days after the sending of the notice, request the Minister to refer the matter, and the Federal Court — Trial Division determines, on a balance of probabilities, that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.

(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.

26. (1) If the Minister is satisfied that a person has, after the coming into force of this section, obtained, retained, renounced or resumed citizenship in contravention of section 38 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.

(2) The Minister shall not make an order under subsection (1) unless the Minister, at least 30 days before making it, notifies the person who is to be the subject of the order.

(3) The notice must state that the person may, within 30 days after the date on which it was sent, make representations to the Minister about the proposed order.

(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.

(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.

DIVISION 2

RESTORATION OF CITIZENSHIP

27. The Minister shall, on application, grant citizenship to a person who has lost their citizenship and

(a) whose citizenship was not revoked, declared void or annulled under this Act or prior legislation; and

(b) who was lawfully admitted to Canada for permanent residence after the loss of citizenship, has continued from that admission to be a permanent resident and, in the two years immediately before applying for citizenship, resided in Canada as a permanent resident for at least 365 days.

28. 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

(a) because of a law in force in Canada at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject; and

(b) would have been a citizen if the Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970, had been in force immediately before her marriage or the acquisition by her husband of a foreign nationality.

DIVISION 3

PROHIBITIONS

Public Interest

29. (1) The Governor in Council shall, subject to this section, on the advice of the Minister, appoint a Canadian Citizenship Tribunal to carry out the functions assigned to it by this Part.

(2) The Chief Canadian Citizenship Commissioner shall be appointed Chair of the Tribunal.

(3) The Governor in Council, on the advice of the Minister, shall appoint two Commissioners as members of the Tribunal.

(4) The Chair and each member of the Tribunal shall be appointed for a term of five years and shall serve at pleasure.

(5) The Tribunal may, with the approval of the Governor in Council, make rules for its own procedures.

30. (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 shall submit a report to the Tribunal recommending that the person not be granted citizenship or be allowed to take the oath of citizenship.

(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.

(3) The notice must include a summary of the grounds contained in the report and state that the person may, within 30 days after the date on which the notice was sent, make written representations to the Minister about those grounds.

31. (1) The Tribunal, on receiving a report under section 30, shall hold a hearing on the question of whether it would not be in the public interest for the person to become a citizen and shall consider the representations made to it by the Minister and by the person.

(2) If the Tribunal is satisfied that, on a balance of probabilities, it would not be in the public interest for the person to become a citizen, it shall make an order to that effect.

(3) If the Tribunal makes an order under subsection (2), the Minister is deemed to reject any application for the grant or resumption of citizenship made by the person who is the subject of the order.

32. (1) An order of the Tribunal may be appealed to the Federal Court — Trial Division.

(2) An order of the Tribunal is effective for the period specified in it, which may not exceed five years.

National Security

33. (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.

(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

(a) an activity that constitutes a threat to the security of Canada; or

(b) an activity that is part of a pattern of criminal activity planned and organized by a number of persons acting together to encourage the commission of an indictable offence under any Act of Parliament.

(3) Within 10 days after a report is made, the Minister shall notify the person who is the subject of the report that the report has been made and that the Governor in Council may, following an investigation, make a declaration about that person under section 37.

(4) The Review Committee shall investigate the grounds on which the report is based and, for that purpose and with any modifications that the circumstances require, apply subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security Intelligence Service Act to the investigation, as if

(a) the investigation were conducted in relation to a complaint made under section 42 of that Act; and

(b) the references to “deputy head” were references to the Minister.

(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.

(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.

(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.

34. (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 33(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, the Leader of the Opposition in the Senate and the leader of any other party in either House having at least 12 members sitting in that House.

(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.

(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.

(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.

35. (1) The Minister may refer a matter that a Review Committee has stopped investigating under subsection 33(7) to a retired judge appointed under subsection 34(1). The Minister shall provide the retired judge with a copy of the report referred to in subsection 33(2) and send the notice referred to in subsection 33(3) to the person who is the subject of the report.

(2) Subsections 33(4), (5) and (6) apply to the retired judge as if the judge were the Review Committee.

36. (1) A retired judge appointed under subsection 34(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.

(2) After receiving the report, the Solicitor General shall cause the report to be laid before each House of Parliament within the next 15 days the House is sitting.

37. (1) After considering the report made by the Review Committee under section 33, 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 33(2)(a) or (b).

(2) The Minister is, on the making of a declaration by the Governor in Council, 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.

(3) If the Governor in Council makes a declaration under subsection (1), the Minister shall inform the person who is the subject of the declaration that the declaration has been made and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.

(4) A declaration is effective for the period specified in it, which may not exceed five years.

Other Prohibitions

38. Despite anything in this Act, other than sections 15, 16 and 23, no person shall be granted citizenship or take the oath of citizenship, if the person

(a) is, under any enactment in force in Canada, subject to a probation order, on parole, or confined in any penitentiary, jail, reformatory or prison;

(b) is charged with, on trial for, or subject to or a party to an appeal or a review relating to an offence under this Act or an indictable offence under any other Act of Parliament;

(c) is charged with, on trial for, or subject to or a party to an appeal or review relating to, an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;

(d) during the period beginning three years before the day on which the person applies for citizenship and ending on the day on which the person would otherwise be granted citizenship or take the oath of citizenship, has been convicted of an offence referred to in paragraph (b) or (c), whether or not, in the case of an offence outside Canada, the person has been pardoned or otherwise granted amnesty by a foreign authority in respect of the offence;

(e) during the period beginning one year before the day on which the person applied for citizenship and ending on the day on which the person would otherwise be granted citizenship or take the oath of citizenship, has been convicted of two or more summary conviction offences under any other Act of Parliament;

(f) is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, or subject to or a party to an appeal relating to, an act or omission referred to in subsection 7(3.71) of the Criminal Code;

(g) has been convicted of an offence in respect of an act or omission referred to in subsection 7(3.71) of the Criminal Code;

(h) requires the consent referred to in subsection 55(1) of the Immigration Act to be admitted to Canada, but has not obtained that consent;

(i) has ceased to be a permanent resident or is subject to, or is a party to, an inquiry under the Immigration Act that may lead to their removal from Canada or to the loss of their status as a permanent resident, and any rights of appeal or review in relation to the inquiry are not exhausted;

(j) during the five years before the day on which the person applies for citizenship, is the subject of an order under section 23 or 26 of this Act or under section 10 of the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985;

(k) is the subject of an order under section 32 or a declaration under section 37;

(l) is the subject of an investigation under section 15 of the Canadian Security Intelligence Service Act or of a report under section 33 of this Act, even during the time that the Governor in Council is deciding on whether or not to make a declaration about the person under section 37; or

(m) is under a removal order, other than an order that is of no effect because the person has subsequently been granted lawful permission to establish permanent residence in Canada, or is subject to or a party to an appeal or a review relating to the removal order.

DIVISION 4

ADMINISTRATION AND APPLICATION

Ministerial Powers

39. (1) On receiving an application under this Act, the Minister shall, as soon as practicable, examine it to determine whether it complies with the provisions of this Act that apply to it.

(2) If the Minister determines that an application does not comply with the provisions of this Act that apply to it, the Minister shall, without delay, inform the applicant of that determination and advise them of their right to apply for judicial review under section 18.1 of the Federal Court Act.

(3) The Minister may reverse a decision refusing citizenship or regarding the issuance of a certificate of citizenship, if there appears to have been a material defect in the decision.

Citizenship Councillors

40. (1) The Governor in Council may appoint a person as a Citizenship Councillor to hold office, during pleasure, for a term of not more than five years.

(2) A Citizenship Councillor may be appointed to serve full-time or part-time.

(3) Each Citizenship Councillor is entitled to receive the remuneration that the Governor in Council fixes.

(4) Each Citizenship Councillor is entitled to be paid any reasonable travel and living expenses that they incur in the course of their duties under this Act while absent from

(a) in the case of a full-time Citizenship Councillor, the Citizenship Councillor’s ordinary place of work; and

(b) in the case of a part-time Citizenship Councillor, the Citizenship Councillor’s ordinary place of residence.

(5) A Citizenship Councillor is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

(6) To be eligible for appointment as, and to serve as, a Citizenship Councillor, a person must be a citizen, have demonstrated an understanding of the values of good citizenship and be recognized for their valuable civic contribution.

(7) The duties of a Citizenship Councillor are the following:

(a) to preside at citizenship ceremonies;

(b) to promote active citizenship in the community;

(c) to provide, on the Minister’s request, advice and recommendations about

(i) citizenship applications referred to the Citizenship Councillor,

(ii) the exercise of the Minister’s discretion, and

(iii) appropriate methods to evaluate citizenship applicants about their knowledge of an official language, of Canada and of the rights and responsibilities of citizenship; and

(d) to give effect to directions of the Minister.

41. The Minister may designate a retired judge of the Federal Court to serve as the Senior Citizenship Councillor responsible for the professional conduct of Citizenship Councillors and the coordination of their activities.

Ceremony of Citizenship

42. (1) A person who takes the oath of citizenship shall take it during a ceremony before a Citizenship Councillor.

(2) In order to heighten the awareness of new citizens to the responsibilities and privileges associated with citizenship, the Citizenship Councillor presiding over a citizenship ceremony shall, subject to the Minister’s directives,

(a) underline the importance of the ceremony as a milestone in the life of new citizens;

(b) ensure that the oath of citizenship is taken with dignity and solemnity;

(c) personally give new citizens their certificate of citizenship; and

(d) promote a strong sense of civic pride, including respect for the law, for the exercise of the right to vote and for the participation of citizens in public affairs, and a sense of mutual respect and understanding between Canadians.

(3) The Minister may excuse a person from the requirement of taking the oath during a citizenship ceremony and designate any person to administer the oath and give certificates of citizenship to new citizens under procedures that the Minister fixes.

Certificates

43. (1) The Minister shall, in accordance with the regulations, issue a certificate of citizenship to new citizens and, on application, issue a certificate of citizenship to current citizens.

(2) The Minister shall issue a certificate of renunciation of citizenship to an applicant whose application is approved. The applicant loses their citizenship at the end of the day on which the certificate is issued or the later day that the Minister specifies in the certificate.

44. (1) The Minister may, by notice in writing, order a person in possession of a certificate issued under this Act or any prior legislation to surrender it to the Minister, if the Minister believes, on reasonable grounds, that the person is not entitled to the certificate or has obtained it in contravention of this Act or any prior legislation.

(2) The person to whom the order relates shall, without delay after being provided with the notice, surrender the certificate to the Minister.

45. (1) The Minister may cancel a certificate issued to a person under this Act or any prior legislation if the Minister determines that the person is not entitled to it or obtained it in contravention of this Act or prior legislation.

(2) The Minister shall return a certificate to a person who surrendered it to the Minister if the Minister determines that the person is entitled to it.

46. (1) A declaration made under this Act or any prior legislation may be proved in a legal proceeding by the production of the original declaration or of a copy of it that the Minister certifies to be a true copy. The declaration or copy so produced is conclusive evidence of the matters stated in it and of the declarant’s having made the declaration on the date mentioned in it.

(2) A certificate of citizenship, a certificate of naturalization, a certificate of renunciation or another document issued by the Minister that is evidence of the citizenship status of a person in Canada may be proved in a legal proceeding by the production of the original certificate or the other document or of a document that the Minister certifies as containing the same information as the original certificate or other document.

Offences

47. (1) For the purposes of this section, “certificate” means a certificate of citizenship, a certificate of naturalization, a certificate of renunciation or another document issued by the Minister as evidence of the person’s citizenship status.

(2) Every person is guilty of an offence who

(a) for any of the purposes of this Act makes a false representation, commits fraud or knowingly conceals any material circumstance;

(b) obtains or uses a certificate of another person in order to personate that other person;

(c) knowingly permits their certificate to be used by another person to personate them; or

(d) whether or not for profit, traffics or offers to traffic in certificates or possesses any certificate for the purpose of trafficking.

(3) Every person who is guilty of an offence under subsection (2) is liable

(a) on conviction on indictment, to a fine of not more than $10,000 or imprisonment for a term of not more than five years, or to both; or

(b) on summary conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.

(4) A person is guilty of an indictable offence and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than five years, or to both, if the person

(a) without lawful authority, issues or alters a certificate;

(b) counterfeits a certificate; or

(c) uses, acts on or causes or attempts to cause any person to use or act on a certificate, knowing it to have been unlawfully issued or altered or to have been counterfeited.

(5) A person who contravenes a provision of this Act or the regulations for which no punishment is provided in the provision or other related provisions is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.

48. (1) Every person is guilty of an offence who

(a) being a citizenship official, wilfully makes or issues any false document or statement about a matter relating to their duties under this Act or accepts, agrees to accept or induces or assists any other person to accept any bribe or other benefit concerning a matter relating to their duties under this Act or wilfully fails, in any other manner, to perform their duties under this Act;

(b) being a citizenship official, contravenes any provision of this Act or the regulations or knowingly induces, aids or abets or attempts to induce, aid or abet any other person to do so;

(c) gives, offers or promises to give any bribe or consideration of any kind to, or makes any agreement or arrangement with, a citizenship official to induce them in any way not to perform their duties under this Act;

(d) not being a citizenship official, personates or holds themselves out to be, or takes or uses any name, title or description or acts in any other manner that may reasonably lead any person to believe that the person is, a citizenship official; or

(e) obstructs or impedes a citizenship official in the performance of that official’s duties under this Act.

(2) Every person who is guilty of an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than five years, or to both; or

(b) on summary conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.

49. (1) An act or omission committed outside Canada that would, if committed in Canada, be an offence under this Act is an offence under this Act.

(2) Proceedings related to an offence under this Act that is committed outside Canada may be dealt with by a court having jurisdiction over similar offences in the place in Canada where the person who committed the offence is found, in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.

50. (1) No proceedings in relation to an offence under this Act or the regulations may be instituted by way of summary conviction more than three years after the time when the Minister became aware of the subject-matter of the proceedings.

(2) A written declaration appearing to have been issued by the Minister that certifies the day on which the Minister became aware of the subject-matter of any proceedings is admissible, without proof of the signature or of the official character of the person appearing to have signed it, as evidence of the matters stated in it.

Regulations

51. The Governor in Council may make regulations

(a) respecting the evidence to be provided for applications and notices under this Act, including medical evidence to establish parentage, and the times when those applications and notices must be made;

(b) specifying who may make an application under this Act on behalf of a minor;

(c) fixing fees for

(i) making applications or notices under this Act,

(ii) issuing certificates under this Act,

(iii) providing certified or uncertified copies of documents from the records kept in the course of the administration of this Act or any prior legislation,

(iv) taking oaths or making solemn affirmations or declarations under this Act or the regulations,

(v) searching records referred to in subparagraph (iii) and providing documents related to those searches, or

(vi) making changes to the records referred to in subparagraph (iii);

(d) providing for the waiver or remission of fees referred to in paragraph (c);

(e) providing for criteria to determine whether a person meets the requirements of paragraphs 14(2)(c) and (d) and, for that purpose, authorizing the Minister to set questions that apply those criteria;

(f) providing for the factors to be considered in determining whether the requirements of section 15 have been met;

(g) respecting the abandonment and withdrawal of applications under this Act;

(h) defining what constitutes a relationship of parent and child for the purposes of determining entitlement to citizenship under any provision of this Act;

(i) prescribing, in the case of a person who fails to take the oath of citizenship at the date, time and place appointed for that purpose, the maximum grace period by the end of which the person must have taken the oath;

(j) prescribing the manner in which a person who is already a citizen may voluntarily reaffirm their loyalty by making and subscribing to the oath in section 2;

(k) prescribing, for the purposes of any application referred to in section 39, the nature of the evidence that is sufficient, the procedures to follow and the requirements of time;

(l) prescribing the powers, duties and functions of the Registrar of Canadian Citizenship referred to in subsection 52(2);

(m) providing for the number of copies of a certificate or declaration or other documents made or issued under this Act or any prior legislation that a person is entitled to have;

(n) respecting the sending of notices and other documents under this Act, including the requirements for the proof of their sending and the deeming of dates of their having been sent; and

(o) generally, to carry out the purposes and provisions of this Act.

Delegation of Minister’s Powers

52. (1) Anything that is required to be done or that may be done by the Minister under this Act or the regulations may be done on behalf of the Minister by any person that the Minister, in writing, authorizes to act on the Minister’s behalf, without proof of the authenticity of the authorization.

(2) The Minister may designate any officer or employee of the department over which the Minister presides to act as Registrar of Canadian Citizenship for the purposes of this Act.

(3) Only a citizen may act as Registrar of Canadian Citizenship or determine a person’s status as a citizen or a person’s entitlement to obtain, retain, renounce or resume citizenship under this Act.

Disclosure

53. The name of a new citizen may, unless the new citizen objects, be disclosed by the Minister to the Speakers of the Senate and the House of Commons for use by a member of Parliament in whose electoral division, constituency or geographic region the new citizen resides, to congratulate the new citizen on acquiring their citizenship.

Documentary Requirements

54. (1) The Minister may prescribe the form of applications, certificates and other documents required for the purposes of this Act.

(2) The Minister may prescribe the manner and place in which applications are to be made or notices are to be given under this Act.

DIVISION 5

STATUS OF CERTAIN PERSONS IN CANADA

Citizen of the Commonwealth

55. (1) Every person who, under an enactment of a Commonwealth country other than Canada, is a citizen or national of that country has in Canada the status of a citizen of the Commonwealth.

(2) Any law or regulation of Canada, unless it provides otherwise, has the same effect in relation to a citizen of Ireland who is not a citizen of the Commonwealth as it has in relation to a citizen of the Commonwealth.

56. For the purposes of an enactment in force in Canada on and after the coming into force of this section that refers to the status of British subject, the reference to that status is to be regarded as a reference to the status of Canadian citizen or citizen of the Commonwealth or both, as the intent of the provision may require.

Property and Legal Rights

57. Subject to section 58,

(a) real or immovable property and personal or movable property of every description may be taken, acquired, held and disposed of by a person who is not a citizen in the same manner and in all of the same respects as by a citizen; and

(b) title to real or immovable property or personal or movable property of every description may be derived through, from or in succession to a person who is not a citizen in the same manner and in all of the same respects as though through, from or in succession to a citizen.

58. (1) The Lieutenant Governor in Council of a province or any other person or authority in a province that the Lieutenant Governor in Council designates may prohibit, annul or in any manner restrict the taking or acquisition directly or indirectly of, or the succession to, any interest in real or immovable property located in the province by persons who are not citizens or by corporations or associations that are effectively controlled by persons who are not citizens.

(2) The Lieutenant Governor in Council of a province may make regulations that apply in the province for the purposes of

(a) determining transactions that constitute a direct or an indirect taking or acquisition of an interest in real or immovable property located in the province;

(b) defining “corporations or associations that are effectively controlled by persons who are not citizens”; and

(c) defining “association”.

(3) Subsections (1) and (2) do not authorize or permit the Lieutenant Governor in Council of a province or any other person or authority in a province that the Lieutenant Governor in Council designates to make any decision or take any action that

(a) prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real or immovable property located in the province by a permanent resident;

(b) conflicts with any legal obligation of Canada under any international law, custom or agreement;

(c) discriminates between persons who are not citizens on the basis of their nationalities, except insofar as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement;

(d) hinders any foreign state in taking or acquiring real or immovable property in the province for diplomatic or consular purposes; or

(e) prohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real or immovable property located in a province by any person in the course or as a result of an investment that the Minister is satisfied or is, under the Investment Canada Act, deemed to be satisfied as likely to be of net benefit to Canada.

59. (1) Every person who fails to comply with a prohibition, annulment or restriction under subsection 58(1) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for not more than one year, or to both.

(2) If a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

60. Sections 58 and 59 apply in any province on and after a day or days that the Governor in Council, by order, fixes.

61. Sections 57 and 58 do not operate so as to

(a) qualify any person for any office or for any municipal, parliamentary or other franchise;

(b) qualify any person to be the owner of a Canadian ship;

(c) qualify any person to take, acquire, hold or dispose of any property that by or under any Act of Parliament may be taken, acquired, held or disposed of only by citizens;

(d) entitle any person to any right or privilege as a citizen except the rights and privileges in relation to property that are under this Act expressly given to the person; or

(e) affect any estate or interest in real or immovable property or personal or movable property to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883 or any devolution by law on the death of a person dying before that date.

62. A person who is not a citizen is triable at law in the same manner as if the person were a citizen.

DIVISION 6

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS, REPEAL AND COMING INTO FORCE

Transitional Provisions

63. (1) Proceedings in relation to an application made under the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985, pending on the day on which section 77 of this Act comes into force must be dealt with under this Act.

(2) Despite subsection (1), if a citizenship judge under the Act referred to in that subsection is seized of the application, it is continued under that Act, with the modification that sections 29 to 37 of this Act and the provisions relating to the oath of citizenship apply to it.

(3) A citizenship judge referred to in subsection (2) continues to hold office as a citizenship councillor in relation to an application referred to in that subsection and has, in relation to the application, all the powers that the judge had before the day on which section 77 comes into force, with the modifications referred to in that subsection.

(4) The Minister shall examine any application made under the Act referred to in subsection (1) before the day on which section 77 of this Act comes into force that had not been referred to a citizenship judge before that day.

64. A citizenship judge under the Act referred to in section 77, immediately before the day on which that section comes into force, is deemed, on that day, to become a Citizenship Councillor appointed under this Act for a term that ends on the day that the judge’s term under that Act would have ended had section 77 not come into force.

65. (1) On application, the Minister shall grant citizenship to a person who has never acquired citizenship and who was

(a) born outside Canada, in the period beginning on January 1, 1947 and ending on February 14, 1977, of a parent having citizenship; or

(b) adopted, in the period beginning on January 1, 1947 and ending on February 14, 1977, by a citizen as a minor child and whose adoption satisfied the conditions mentioned in paragraphs 15(a) to (d).

(2) On application, the Minister may grant citizenship to a person born outside Canada of a parent who has been granted citizenship under subsection (1) or under paragraph 5(2)(b) of the Citizenship Act, chapter C-29 of the Revised Statutes of Canada, 1985, if that person establishes a substantial connection with Canada.

(3) On application, the Minister may grant citizenship to a person born outside Canada of a parent who has been granted citizenship under subsection (2) if that person establishes a substantial connection with Canada.

(4) An application must be made in the form prescribed under subsection 54(1).

(5) This section is repealed three years after the day on which it comes into force and, for greater certainty, a person who fails to make an application prior to that repeal is not entitled, after the repeal, to assert any right or privilege that could have been asserted under this section prior to the repeal.

Consequential Amendments

Canadian Security Intelligence Service Act

66. Subparagraph 38(c)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:

(ii) reports made to the Committee pursuant to subsection 33(2) of the Code of Canadian Citizenship or sections 39 and 81 of the Immigration Act, and

67. Paragraphs 55(a) and (b) of the Act are replaced by the following:

(a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act, subsection 33(5) of the Code of Canadian Citizenship or subsection 39(6) or 81(5) of the Immigration Act; or

(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act. subsection 33(6) of the Code of Canadian Citizenship or subsection 39(10) or 81(8) of the Immigration Act.

Criminal Code

68. Subsection 58(2) of the Criminal Code is replaced by the following:

(2) In this section, “certificate of citizenship” and “certificate of naturalization” have the meaning assigned to those expressions by subsection 19(1) of the Code of Canadian Citizenship.

Canada Elections Act

69. Paragraph 65(f) of the Canada Elections Act is replaced by the following:

(f) a judge appointed by the Governor in Council;

Federal Court Act

70. Section 21 of the Federal Court Act is repealed.

Immigration Act

71. (1) The definition “Canadian citizen” in subsection 2(1) of the Immigration Act is replaced by the following:

“Canadian citizen” means a person who is a citizen within the meaning of the Code of Canadian Citizenship;

(2) The portion of the definition “permanent resident” in subsection 2(1) of the Act after paragraph (c) is replaced by the following:

and includes a person who has become a Canadian citizen but who has subsequently lost their Canadian citizenship under section 33 of the Code of Canadian Citizenship, and a person who, having been a permanent resident, is the subject of an order under subsection 23(1) of that Act;

72. Paragraph 27(2)(i) of the Act is replaced by the following:

73. Subsection 41(2) of the Act is replaced by the following:

(2) If an inquiry in respect of a person is adjourned under subsection (1), that person’s claim to be a Canadian citizen shall be referred to the Minister of Citizenship and Immigration and that person shall, without delay, make an application for a certificate of citizenship under subsection 43(1) of the Code of Canadian Citizenship.

74. (1) Subsection 42(1) of the Act is replaced by the following:

42. (1) If a certificate of citizenship is issued under subsection 43(1) of the Code of Canadian Citizenship to a person who is the subject of an inquiry, the adjudicator who was presiding at the inquiry or any other adjudicator shall terminate the inquiry and let that person come into or remain in Canada, as the case may be.

(2) Paragraphs 42(2)(a) and (b) of the English version of the Act are replaced by the following:

(a) the person who was the subject of the inquiry does not, without delay, make an application for a certificate of citizenship under the Code of Canadian Citizenship;

(b) a certificate of citizenship is not issued under the Code of Canadian Citizenship to that person within six months from the day on which the inquiry was adjourned or within any greater period that the adjudicator considers appropriate in the circumstances; or

Public Service Superannuation Act

75. (1) Part II of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

A citizenship judge appointed by the Governor in Council pursuant to the Citizenship Act

(2) Part II of Schedule I to the Act is amended by adding, in alphabetical order, the following:

(3) Part III of Schedule I to the Act is amended by adding, in alphabetical order, the following:

References

76. The expression “Citizenship Act” is replaced by the expression “Code of Canadian Citizenship” in the following provisions:

(a) the fifth paragraph of the preamble of the Canadian Multiculturalism Act;

(b) the portion of section 14 of the Canadian Security Intelligence Service Act after paragraph (b);

(c) section 122 of the Immigration Act;

(d) subsection 2(1) of the Oaths of Allegiance Act;

(e) paragraph 13(a) of the Official Secrets Act;

(f) the definition “Canadian” in section 2 of the Special Economic Measures Act; and

(g) the definition “Canadian offender” in section 2 of the Transfer of Offenders Act.

Repeal

77. The Citizenship Act is repealed.

Coordinating Amendments

78. If the Immigration and Refugee Protection Act being c. 27 of 2001, (“the other Act”) comes into force, then, on the later of the coming into force of this Act and the other Act,

(a) clause 14(2(b)(i)(B) of this Act is replaced by the following:

(B) if the person is a visitor or has a temporary residence permit within the meaning of the Immigration and Refugee Protection 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

(b) the definition of “permanent resident” in subsection 19(1) of this Act is replaced by the following:

“permanent resident” has the meaning given to that expression by subsection 2(1) of the Immigration and Refugee Protection Act.

(c) paragraph 38(h) of this Act is replaced by the following:

(d) section 66 of this Act is replaced by the following:

66. Subparagraph 38(c)(ii) of the Canadian Security Intelligence Service Act is replaced by the following:

(ii) reports made to the Committee pursuant to subsection 33(2) of the Code of Canadian Citizenship or section 44 of the Immigration and Refugee Protection Act, and

(e) section 67 of this Act is replaced by the following:

67. Paragraphs 55(a) and (b) of the Act are replaced by the following:

(a) a statement under section 46 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 33(5) of the Code of Canadian Citizenship; or

(b) a report under paragraph 52(1)(b), subsection 52(2) or section 53 of this Act, subsection 46(1) of the Canadian Human Rights Act, subsection 33(6) of the Code of Canadian Citizenship or section 44 of the Immigration and Refugee Protection Act.

(f) sections 71 and 72 of this Act are repealed;

(g) paragraph 76(c) of this Act is repealed; and

(h) sections 228 to 232 of the Immigration and Refugee Protection Act are repealed.

Coming into Force

79. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.