C-76
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
HOUSE OF COMMONS OF CANADA
BILL C-76
An Act to amend the Citizenship Act (adoption)
first reading, November 17, 2005
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
90353
SUMMARY
This enactment amends the Citizenship Act to reduce the distinctions in eligibility for citizenship between adopted foreign children and children born abroad of Canadian parents.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
house of commons of canada
BILL C-76
An Act to amend the Citizenship Act (adoption)
R.S., c. C-29
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 3(1) of the Citizenship Act is amended by adding the following after paragraph (c):
Explanatory NotesCitizenship Act
Clause 1: Relevant portion of subsection 3(1):
3. (1) Subject to this Act, a person is a citizen if
Notes explicativesLoi sur la citoyenneté
Article 1 : Texte du passage visé du paragraphe 3(1) :
3. (1) Sous réserve des autres dispositions de la présente loi, a qualité de citoyen toute personne :
(c.1) the person has been granted citizenship under section 5.1;
2. The Act is amended by adding the following after section 5:
Clause 2: New.
Article 2 : Nouveau.
Adoptees — minors
5.1 (1) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen after February 14, 1977 while the person was a minor child if the 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 entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.
Adoptees — adults
(2) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen after February 14, 1977 while the person was at least 18 years of age if
(a) there was a genuine relationship of parent and child between the person and the adoptive parent before the person attained the age of 18 years and at the time of the adoption; and
(b) the adoption meets the requirements set out in paragraphs (1)(c) and (d).
Quebec adoptions
(3) The Minister shall on application grant citizenship to a person in respect of whose adoption — by a citizen who is subject to Quebec law governing adoptions — a decision was made abroad after February 14, 1977 if
(a) the Quebec authority responsible for international adoptions advises, in writing, that in its opinion the adoption meets the requirements of Quebec law governing adoptions; and
(b) the adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.
3. Section 27 of the Act is amended by adding the following after paragraph (d):
Clause 3: Relevant portion of section 27:
27. The Governor in Council may make regulations
Article 3 : Texte du passage visé de l’article 27 :
27. Le gouverneur en conseil peut, par règlement :
(d.1) providing for the factors to be considered in determining whether the requirements set out in section 5.1 are met;
Coming into force
4. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada