GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Citizenship Act — C-29 13.2
Abandonment of application 13.2 (1) The Minister may treat an application as abandoned (a) if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1, (i) in the case where the Minister requires additional information or evidence without requiring an appearance, to provide the additional information or evidence by the date specified, or (ii) in the case where the Minister requires an appearance for the purpose of providing additional information or evidence, to appear at the time and at the place — or at the time and by the means — specified or to provide the additional information or evidence at his or her appearance; or (b) in the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails, without reasonable excuse, to appear and take the oath at the time and at the place — or at the time and by the means — specified in an invitation from the Minister. Effect of abandonment (2) If the Minister treats an application as abandoned, no further action is to be taken with respect to it. 2014, c. 22, s. 11
Citizenship Act — C-29 14
Consideration by citizenship judge 14 (1) If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on which the application is referred: (a) subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1); (b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and (c) subparagraph 11(1)(d)(i), in the case of an application for resumption of citizenship under subsection 11(1). Interruption of proceedings (1.1) Despite subsection (1), the citizenship judge is not authorized to make a determination until (a) the completion of any investigation or inquiry for the purpose of ascertaining whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies to the applicant; and (b) if the applicant is the subject of an admissibility hearing under the Immigration and Refugee Protection Act , a determination as to whether a removal order is to be made against that applicant. Application returned to Minister (1.2) Despite subsection (1), the citizenship judge is not authorized to make a determination if (a) after the completion of an investigation or inquiry referred to in paragraph (1.1)(a), it is determined that section 20 or 22 applies to the applicant; and (b) after an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant. Notice to Minister (2) Without delay after making a determination under subsection (1) in respect of an application, the citizenship judge shall approve or not approve the application in accordance with his or her determination, notify the Minister accordingly and provide the Minister with the reasons for his or her decision. Notice to applicant (3) If a citizenship judge does not approve an application under subsection (2), the citizenship judge shall without delay notify the applicant of his or her decision, of the reasons for it and of the right to apply for judicial review. (4) to (6) [Repealed, 2014, c. 22, s. 12] R.S., 1985, c. C-29, s. 14; 1995, c. 15, s. 23; 2001, c. 27, s. 230; 2008, c. 14, s. 10; 2014, c. 22, s. 12; 2017, c. 14, s. 8
Citizenship Act — C-29 15
Obligation — answer truthfully 15 A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application. R.S., 1985, c. C-29, s. 15; 2014, c. 22, s. 13
Citizenship Act — C-29 19
Definitions 19 (1) The following definitions apply in this section and sections 19.1, 19.2 and 20. Review Agency means the National Security and Intelligence Review Agency. ( Office de surveillance ) threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act . ( menaces envers la sécurité du Canada ) Report to Review Agency (2) The Minister may make a report to the Review Agency if the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person has engaged, is engaging or may engage in activity (a) that constitutes a threat to the security of Canada; or (b) that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment. Notice to be sent to person affected (3) The Minister shall, within ten days after a report is made pursuant to subsection (2), cause a notice to be sent informing the person referred to in that subsection of the report and stating that following an investigation in relation thereto, a declaration with respect to that person may be made by the Governor in Council under section 20. Application of the National Security and Intelligence Review Agency Act (4) Where a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister. Investigation to cease (4.1) If the Review Agency is of the opinion that it cannot perform its duties described in subsections (4), (5) and (6), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2). Statement to be sent to person affected (5) The Review Agency shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person with respect to whom the report is made a statement summarizing such information available to it as will enable the person to be as fully informed as possible of the circumstances giving rise to the report. Report (6) The Review Agency shall, on completion of an investigation made pursuant to subsection (4), make a report to the Governor in Council on all matters relating thereto and shall, at the same time as or after the report is made, provide the complainant with the conclusions of the report. R.S., 1985, c. C-29, s. 19; 1992, c. 1, s. 144(F); 1997, c. 22, s. 1; 2014, c. 22, s. 15 2019, c. 13, s. 24 2019, c. 13, s. 25
Citizenship Act — C-29
Review Agency means the National Security and Intelligence Review Agency. ( Office de surveillance )
Citizenship Act — C-29
threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act . ( menaces envers la sécurité du Canada )
Citizenship Act — C-29 19.1
Appointment of a judge 19.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Agency described in subsections 19(4), (5) and (6). Tenure and re-appointment (2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed. Remuneration and expenses (3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence. 1997, c. 22, s. 2 2019, c. 13, s. 25
Citizenship Act — C-29 19.2
Referral 19.2 (1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Agency has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3). Application of subsections 19(4), (5) and (6) (2) Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee. 1997, c. 22, s. 2 2019, c. 13, s. 25
Citizenship Act — C-29 19.3
Annual report 19.3 The person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it. 1997, c. 22, s. 2; 2005, c. 10, s. 14
Citizenship Act — C-29 20
Declaration by Governor in Council — security 20 (1) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 if, after considering the report made under subsection 19(6) by the Review Agency or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b). Effect on applications and appeals (2) If a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be refused and any related application for judicial review or appeal is deemed to be dismissed. Expiration of declaration (3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it is made. Further declaration (4) Notwithstanding that a declaration has been previously made under subsection 20(1) with respect to a person, the Governor in Council may, after considering any further application made by that person, make a further declaration under that subsection with respect to that person. Conclusive proof (5) Notwithstanding anything in this Act or any other Act of Parliament, a declaration by the Governor in Council under subsection (1) is conclusive of the matters stated therein in relation to an application for citizenship or for the issue of a certificate of renunciation. R.S., 1985, c. C-29, s. 20; 1997, c. 22, s. 3; 2014, c. 22, s. 16 2019, c. 13, s. 25
Citizenship Act — C-29 21
Periods not counted as physical presence 21 Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person, under any enactment in force in Canada, (a) has been under a probation order; (b) has been a paroled inmate; or (c) has served a term of imprisonment. R.S., 1985, c. C-29, s. 21; 2014, c. 22, s. 17; 2017, c. 14, s. 9
Citizenship Act — C-29 21.1
Representation or advice for consideration 21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act. Persons who may represent or advise (2) Subsection (1) does not apply to (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec; (b) any other member in good standing of a law society of a province; or (c) a member in good standing of the College , as defined in section 2 of the College of Immigration and Citizenship Consultants Act . Students-at-law (3) Subsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act. Agreement or arrangement with Her Majesty (4) Subsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services. (5) [Repealed, 2019, c. 29, s. 293] (6) [Repealed, 2019, c. 29, s. 293] (7) [Repealed, 2019, c. 29, s. 293] (8) [Repealed, 2019, c. 29, s. 293] Meaning of proceeding (9) For greater certainty, in this section proceeding does not include a proceeding before a superior court. 2014, c. 22, s. 18 2019, c. 29, s. 293
Citizenship Act — C-29 22
ny Act of Parliament, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred during (a) the four-year period immediately before the date of the person’s application; or (b) the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship. Prohibition — specific cases (4) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person, before or after the coming into force of this subsection and while the person was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , (a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section; (b) was convicted of a terrorism offence as defined in section 2 of the Criminal Code — or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section — and sentenced to at least five years of imprisonment; (c) was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously; (d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life; (e) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 47 of the Criminal Code and sentenced to imprisonment for life; (f) was convicted under the National Defence Act of a terrorism offence as defined in subsection 2(1) of that Act and sentenced to at least five years of imprisonment; (g) was convicted of an offence described in section 16 or 17 of the Foreign Interference and Security of Information Act and sentenced to imprisonment for life; (h) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 16 or 17 of the Foreign Interference and Security of Information Act and sentenced to imprisonment for life; or (i) served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada. Exceptional circumstances (5) If the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person. Prohibition — taking oath (6) Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship. R.S., 1985, c. C-29, s. 22; R.S., 1985, c. 30 (3rd Supp.), s. 11; 1992, c. 47, s. 67, c. 49, s. 124; 1999, c. 31, s. 42; 2000, c. 24, s. 33; 2001, c. 27, s. 231; 2008, c. 14, s. 11; 2014, c. 22, s. 19; 2017, c. 14, s. 10 2024, c. 16, s. 57
Citizenship Act — C-29 22.1
Application for judicial review only with leave 22.1 (1) An application for judicial review with respect to any matter under this Act may be made only with leave of the Court. Application for leave (2) The following provisions govern an application for leave: (a) the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter; (b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application; (c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and (d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision. Application by Minister (3) The Minister may make an application in respect of a decision of a citizenship judge. 2014, c. 22, s. 20
Citizenship Act — C-29 22.2
Judicial review 22.2 The following provisions govern the judicial review: (a) the judge who grants leave shall fix the day and place for a hearing; (b) the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day; (c) the judge shall dispose of the application without delay and in a summary way; and (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question. 2014, c. 22, s. 20
Citizenship Act — C-29 22.3
Rules 22.3 With the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply. 2014, c. 22, s. 20
Citizenship Act — C-29 22.4
Inconsistency with Federal Courts Act 22.4 In the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act , this Part prevails to the extent of the inconsistency. 2014, c. 22, s. 20
Citizenship Act — C-29 23
Delegation of authority 23 Anything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization. R.S., 1985, c. C-29, s. 23; 2014, c. 22, s. 21
Citizenship Act — C-29 23.1
Additional information, evidence or appearance 23.1 The Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance. 2014, c. 22, s. 22
Citizenship Act — C-29 23.2
Seizure 23.2 The Minister may seize and detain any document that is provided to him or her for the purposes of this Act if he or she has reasonable grounds to believe that it was fraudulently or improperly obtained or used or that the measure is necessary to prevent its fraudulent or improper use. 2017, c. 14, s. 11
Citizenship Act — C-29 24
Requirement to take oath of citizenship 24 Where a person is required under this Act to take the oath of citizenship, the person shall swear or affirm in the form set out in the schedule and in accordance with the regulations. 1974-75-76, c. 108, s. 23
Citizenship Act — C-29 25
Evidence of declarations 25 (1) Any declaration made under this Act or prior legislation or any regulations made thereunder may be proved in any legal proceeding by the production of the original declaration or of any copy thereof certified to be a true copy by the Minister, and the production of the declaration or copy is conclusive evidence of the contents thereof and of the person named therein as declarant having made the declaration at the date therein mentioned. Proof of certificates or other documents (2) A certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information. R.S., 1985, c. C-29, s. 25; 2014, c. 22, s. 23
Citizenship Act — C-29 26
Citizenship judges 26 (1) The Governor in Council may appoint any citizen to be a citizenship judge. Duties (2) In addition to his other duties set out in this Act, a citizenship judge shall perform such other duties as the Minister prescribes for carrying into effect the purposes and provisions of this Act. 1974-75-76, c. 108, s. 25
Citizenship Act — C-29 27.1
Laying of proposed regulations 27.1 (1) The Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(d.1) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House. Exception (2) No proposed regulation that has been laid under subsection (1) need again be laid under that subsection, whether or not it has been altered. Making of regulations (3) The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (1). 2007, c. 24, s. 3.1; 2014, c. 22, s. 25
Citizenship Act — C-29 27.2
Regulations — Minister 27.2 The Minister may make regulations (a) prescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and specifying the information and evidence that is to be provided in support of them; (b) respecting the acceptance for processing of applications made under this Act by a person who has been represented or advised by a third party for consideration; (c) with regard to the requirements of paragraphs 5(1)(d) and (e), (i) respecting the procedures to be followed or evaluation methods or tools to be used in determining whether an applicant meets those requirements or any of the criteria provided for under paragraph 27(1)(d), (ii) respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, and (iii) respecting what constitutes evidence that an applicant meets those requirements or criteria; and (d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support. 2014, c. 22, s. 26; 2017, c. 14, s. 13