C-77
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
HOUSE OF COMMONS OF CANADA
BILL C-77
An Act to amend the Citizenship Act (prohibitions)
first reading, November 17, 2005
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
90354
SUMMARY
This enactment amends the Citizenship Act to add a prohibition on granting citizenship to a person who is the subject of a foreign charge, conviction or incarceration and to create an authorization for the Minister to waive on compassionate grounds a prohibition in respect of a foreign charge.
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-77
An Act to amend the Citizenship Act (prohibitions)
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 5(3) of the Citizenship Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):
Explanatory NotesCitizenship Act
Clause 1: Relevant portion of subsection 5(3):
(3) The Minister may, in his discretion, waive on compassionate grounds,
Notes explicativesLoi sur la citoyenneté
Article 1 : Texte du passage visé du paragraphe 5(3):
(3) Pour des raisons d’ordre humanitaire, le ministre a le pouvoir discrétionnaire d’exempter :
(d) in the case of any person, the application of paragraph 22(1)(b.1).
R.S., c. 30 (3rd Supp.), s. 11(1)
2. (1) The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following:
Clause 2: (1) and (2) Relevant portion of subsection 22(1):
22. (1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship
Article 2 : (1) et (2) Texte du passage visé du paragraphe 22(1) :
22. (1) Malgré les autres dispositions de la présente loi, nul ne peut recevoir la citoyenneté au titre de l’article 5 ou du paragraphe 11(1) ni prêter le serment de citoyenneté :
Prohibition
22. (1) Despite any other provision of this Act — other than paragraph 5(3)(d) — a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship
(2) Subsection 22(1) of the Act is amended by adding the following after paragraph (b):
(b.1) while the person is charged with or on trial for an offence — or is subject to or a party to an appeal — relating to an act or omission that if committed in Canada could constitute an indictable offence under an Act of Parliament other than an offence that is designated as a contravention under the Contraventions Act;
(b.2) while the person is serving a sentence outside Canada for an act or omission that if committed in Canada would constitute an offence under an enactment in force in Canada;
(b.3) if the person was convicted of an offence referred to in paragraph (b.1) during the period beginning three years before the day on which they applied for citizenship and ending on the day on which they would have been granted citizenship or would have taken the oath of citizenship, even if they were pardoned or otherwise granted amnesty;
(b.4) while the person is serving a sentence outside Canada for an offence referred to in paragraph (b);
Transitional provision
3. The provisions of the Citizenship Act as enacted by this Act apply to a person who has made an application for citizenship under section 5 or subsection 11(1) of the Citizenship Act and who has not been granted citizenship or taken the oath of citizenship before the day on which this Act comes into force.
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