C-37
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-37
An Act to amend the Citizenship Act and to make consequential amendments to another Act
first reading, June 10, 2010
MINISTER OF CITIZENSHIP, IMMIGRATION AND MULTICULTURALISM
90567
SUMMARY
This enactment amends the Citizenship Act to
(a) allow certain persons who would be citizens but for the death of a parent to become citizens;
(b) allow the grandchildren of Canadians who have served abroad in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, to be citizens by descent or, if the grandchildren are adopted, to be eligible for citizenship under section 5.1;
(c) clarify the rule that citizenship may not be acquired after the first generation either by descent or, in the case of an adopted person, by way of a grant under section 5.1;
(d) clarify that, in most cases, applicants for citizenship must be physically present in Canada for a specified period immediately before their application;
(e) provide for a new judicial process to revoke the citizenship of a person who has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances;
(f) provide for the opportunity to seek, in the context of the new judicial process, a declaration of inadmissibility leading to the deportation of the person whose citizenship is revoked;
(g) provide for the regulation of third-party involvement in the citizenship process;
(h) expand the prohibitions with respect to grants of citizenship to include convictions for and ongoing criminal proceedings with respect to foreign offences, as well as sentences served outside Canada; and
(i) provide for new offences, increase penalties and amend the limitation period.
It also makes consequential amendments to the Immigration and Refugee Protection Act.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-37
An Act to amend the Citizenship Act and to make consequential amendments to another Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Strengthening the Value of Canadian Citizenship Act.
R.S., c. C-29
CITIZENSHIP ACT
2. (1) Section 3 of the Citizenship Act is amended by adding the following after subsection (1):
Citizen under paragraph (1)(b) or (g) despite death of parent
(1.1) A person who would not become a citizen under paragraph (1)(b) or (g) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under paragraph (1)(b) or (g) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).
2008, c. 14, ss. 2(2) and 13(2)
(2) The portion of subsection 3(3) of the Act before paragraph (b) is replaced by the following:
Not applicable — after first generation
(3) Paragraphs (1)(b) and (f) to (j) do not apply to a person born outside Canada
(a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g) or (h), or both of the person’s parents were citizens under any of those paragraphs; or
2008, c. 14, s. 2(2)
(3) The portion of paragraph 3(3)(b) of the French version of the Act before subparagraph (i) is replaced by the following:
b) à un moment donné, seul le père ou la mère avait qualité de citoyen, et ce, au titre de l’une des dispositions ci-après, ou les deux parents avaient cette qualité au titre de l’une de celles-ci :
2008, c. 14, s. 2(2)
(4) Subsections 3(4) and (5) of the Act are replaced by the following:
Exception — transitional provision
(4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person if, on that coming into force, he or she would have been a citizen under paragraph (1)(g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.
Exception — child or grandchild of person in service abroad
(5) Subsection (3) does not apply to a person
(a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;
(b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
(c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;
(5) Section 3 of the Act is amended by adding the following after subsection (5):
Citizenship other than by way of grant — grandchild of person in service abroad
(5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:
(a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
(b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
Non-application of subsection (5.1)
(5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 but before April 17, 2009 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved.
(6) Section 3 of the Act is amended by adding the following after subsection (6):
Citizenship other than by way of grant — certain children born after February 14, 1977
(6.1) A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant if
(a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f), (i) or (j); or
(b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i).
2001, c. 27, s. 228(1)
3. (1) Paragraph 5(1)(c) of the Act is replaced by the following:
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately before the date of his or her application, been physically present in Canada for at least 1,095 days, calculated in the following manner:
(i) for every day during which the person was physically present in Canada before his or her lawful admission to Canada for permanent residence, the person shall be deemed to have been physically present for one-half of a day, and
(ii) for every day during which the person was physically present in Canada after his or her lawful admission to Canada for permanent residence, the person shall be deemed to have been physically present for one day;
R.S., c. 44 (3rd Supp.), s. 1; 2000, c. 12, s. 75; 2003, c. 22, s. 149(E)
(2) Subsection 5(1.1) of the Act is replaced by the following:
Period of physical presence
(1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
1992, c. 21, s. 7
(3) Paragraph 5(3)(b) of the Act is replaced by the following:
(b) in the case of a minor, the requirement respecting age set out in paragraph (1)(b), the requirement respecting length of physical presence in Canada set out in paragraph (1)(c) or the requirement to take the oath of citizenship; and
2008, c. 14, s. 4(2)
(4) Paragraph 5(5)(d) of the Act is replaced by the following:
(d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;
2008, c. 14, par. 13(3)(a)
4. (1) The portion of subsection 5.1(1) of the Act before paragraph (a) is replaced by the following:
Adoptees — minors
5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption
2008, c. 14, par. 13(3)(b)
(2) The portion of subsection 5.1(2) of the Act before paragraph (a) is replaced by the following:
Adoptees — adults
(2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if
2008, c. 14, par. 13(3)(c)
(3) The portion of subsection 5.1(3) of the Act before paragraph (a) is replaced by the following:
Quebec adoptions
(3) Subject to subsection (4), 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 on or after January 1, 1947 if
(4) Section 5.1 of the Act is amended by adding the following after subsection (3):
Not applicable — after first generation
(4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)
(a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g) or (h), or both of the adoptive parents were citizens under any of those paragraphs; or
(b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.
Exception — child or grandchild of person in service abroad
(5) Subsection (4) does not apply to a person who was
(a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;
(b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
(c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
5. The Act is amended by adding the following after section 5.1:
Citizenship by way of grant under section 5.1 — grandchild of person in service abroad
5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of subparagraphs 3(3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, to have been granted citizenship under section 5.1:
(a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
(b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian armed forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
6. Section 10 of the Act is replaced by the following:
Revocation
10. (1) The Minister may, at any time, commence an action in the Court for a declaration that a person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.
Effect of declaration
(2) A declaration that a person has so obtained, retained, renounced or resumed citizenship has the effect of revoking their citizenship or renunciation of citizenship.
Presumption
(3) For the purposes of this section, a person is deemed to have obtained or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, by one of those means and, because of obtaining that status, they subsequently obtained or resumed citizenship.
Inadmissibility
10.1 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall, in the originating document that commences an action under subsection 10(1), seek a declaration that the person is inadmissible on security grounds, on grounds of violating human or international rights, on grounds of serious criminality or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b), subsection 36(1) and subsection 37(1) of the Immigration and Refugee Protection Act.
Party
(2) If a declaration referred to in subsection (1) is sought, the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10(1).
Removal order
(3) A declaration that the person is inadmissible is a removal order against the person under the Immigration and Refugee Protection Act that is in force when the declaration is made, without the necessity of holding or continuing an examination or an admissibility hearing under that Act. The removal order is a deportation order as provided for in regulations made under that Act.
Procedure
(4) If a declaration referred to in subsection (1) is sought, the Court shall first hear and decide all matters related to the declaration sought under subsection 10(1). If the Court denies the declaration sought under subsection 10(1), it shall also deny the declaration referred to in subsection (1).
Evidence
(5) If a declaration sought under subsection (1) has not been denied under subsection (4), the Court
(a) shall assess the facts — whether acts or omissions — alleged in support of the declaration on the basis of reasonable grounds to believe that they have occurred or are occurring;
(b) shall take into account the evidence already admitted — and consider as conclusive any finding of fact already made — in support of the declaration sought under subsection 10(1); and
(c) with respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
Single judgment
(6) The Court shall issue a single judgement in respect of the declarations sought under subsections (1) and 10(1).
No appeal from interlocutory decision
10.2 Despite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory decision made in the course of an action referred to in subsection 10(1).
7. (1) Paragraph 11(1)(b) of the Act is replaced by the following:
(b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 6 of the Strengthening the Value of Canadian Citizenship Act, a declaration made under section 10 or an order made under section 18 of the former Act;
(b.1) is not the subject of a declaration made under section 20;
2001, c. 27, s. 229
(2) Paragraph 11(1)(d) of the Act is replaced by the following:
(d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and has, since having ceased to be a citizen and become a permanent resident, been physically present in Canada for at least 365 days during the two years immediately before the date of the application.
8. Section 18 of the Act is repealed.
9. The portion of section 21 of the Act before paragraph (a) is replaced by the following:
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 has been, under any enactment in force in Canada,
10. The Act is amended by adding the following after section 21:
Representation or advice for consideration
21.1 (1) Every person commits an offence who knowingly 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 person who is a member in good standing of
(a) a bar of a province or the Chambre des notaires du Québec; or
(b) a body designated under subsection (5).
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 member in good standing of a bar of a province or of the Chambre des notaires du Québec 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.
Designation by Minister
(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.
Regulations — required information
(6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations for the purpose of assisting the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice, and for any other purpose related to preserving the integrity of policies and programs for which the Minister is responsible under this Act.
Regulations — transitional measures
(7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures
(a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and
(b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act without contravening subsection (1).
Persons made members of a body
(8) For greater certainty, nothing in measures referred to in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.
11. (1) Subsection 22(1) of the Act is amended by adding the following after paragraph (a):
(a.1) while the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;
(a.2) while the person is serving a sentence outside Canada for an offence under any Act of Parliament;
(2) Subsection 22(1) of the Act is amended by adding the following after paragraph (b):
(b.1) subject to subsection (1.1), while the person is charged with, on trial for or subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;
1992, c. 49, s. 124
(3) Paragraph 22(1)(f) of the Act is replaced by the following:
(f) if, during the five years immediately preceding the person’s application, the person ceased to be a citizen under subsection 10(1), as it read immediately before the coming into force of section 6 of the Strengthening the Value of Canadian Citizenship Act or under subsection 10(2).
(4) Section 22 of the Act is amended by adding the following after subsection (1):
Waiver
(1.1) The Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compas- sionate grounds.
2008, c. 14, s. 11(2)
(5) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Prohibition
(2) Despite anything in this Act, but subject to the Criminal Records 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 has been convicted of an offence under subsection 21.1(1) or 29.2(1) or (2) or of an indictable offence under subsection 29(2) or (3) or under any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act,
R.S., c. 30 (3rd Supp.), s. 11(2)(E)
(6) Paragraph 22(2)(b) of the Act is replaced by the following:
(b) during the period beginning on the date of the person’s application and ending on the date that the person would otherwise be granted citizenship or take the oath of citizenship,
1992, c. 47, s. 67(2)
(7) The portion of subsection 22(2) of the English version of the Act after paragraph (b) is repealed.
(8) Section 22 of the Act is amended by adding the following after subsection (2):
Prohibition — conviction of offence outside Canada
(3) 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 has been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred during
(a) the three-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.
12. Section 23 of the Act is replaced by the following:
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 behalf of the Minister concerned by any person authorized by him or her in writing to act on his or her behalf without proof of the authenticity of the authorization.
13. (1) Section 27 of the Act is amended by adding the following after paragraph (a):
(a.1) governing 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;
(2) Section 27 of the Act is amended by adding the following after paragraph (h):
(h.1) governing the disclosure of information relating to the professional or ethical conduct of a person referred to in paragraph 21.1(2)(a) or (b) in connection with an application or a proceeding under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of preserving the integrity of policies and programs for which the Minister is responsible;
(h.2) governing the collection, retention, use, disposal and disclosure of information for the purposes of this Act;
(3) Section 27 of the Act is renumbered as subsection 27(1) and is amended by adding the following:
Conditions
(2) Regulations made under paragraphs (1)(h.1) and (h.2) may include conditions under which the collection, retention, use, disposal and disclosure may be made.
14. (1) The portion of subsection 29(2) of the Act before paragraph (b) is replaced by the following:
Offences and punishment
(2) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years if that person
(2) The portion of subsection 29(2) of the Act after paragraph (c) is replaced by the following:
(d) is in possession of a certificate that he or she knows has been unlawfully issued or altered, or counterfeited.
(3) Subsection 29(3) of the Act is replaced by the following:
Offences and punishment
(3) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years if that person
(a) without lawful authority issues or alters a certificate;
(b) counterfeits a certificate;
(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; or
(d) traffics in certificates or has certificates in his or her possession for the purpose of trafficking.
15. The Act is amended by adding the following after section 29:
Contravention of subsection 21.1(1)
29.1 A person who commits an offence under subsection 21.1(1) is liable
(a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Counselling misrepresentation
29.2 (1) Every person commits an offence who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act.
Misrepresentation
(2) Every person commits an offence who knowingly
(a) for any of the purposes of this Act makes any false representation, commits fraud or conceals any material circumstances;
(b) communicates directly or indirectly, by any means, false or misleading information or declarations with intent to induce a person to make, or deter a person from making, an application to become a citizen, to obtain a certificate of citizenship or to renounce citizenship; or
(c) refuses to answer a question put to him or her at an interview or a proceeding held under this Act.
Penalties
(3) Every person who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or
(b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.
16. Section 31 of the Act is replaced by the following:
Limitation period
31. Any proceedings in respect of an offence under this Act or the regulations that is punishable on summary conviction may be instituted at any time within but not later than five years after the time when the offence was committed.
2001, c. 27
CONSEQUENTIAL AMENDMENTS TO THE IMMIGRATION AND REFUGEE PROTECTION ACT
17. Paragraph 40(1)(d) of the Immigration and Refugee Protection Act is replaced by the following:
(d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 6 of the Strengthening the Value of Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force, or on ceasing to be a citizen under subsection 10(2) of the Citizenship Act, in the circumstances set out in subsection 10(3) of that Act.
18. Subsection 46(2) of the Act is replaced by the following:
Permanent resident
(2) A person who ceases to be a citizen under paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 6 of the Strengthening the Value of Canadian Citizenship Act, other than in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force, or who ceases to be a citizen under subsection 10(2) of the Citizenship Act, other than in the circumstances set out in subsection 10(3) of that Act, becomes a permanent resident.
TRANSITIONAL PROVISIONS
Application for citizenship
19. If an application for citizenship made under section 5 of the Citizenship Act is referred to a citizenship judge before the coming into force of this section, paragraph 5(1)(c), subsection 5(1.1), paragraphs 5(3)(b) and (5)(d) and section 21 of that Act, as they read immediately before that coming into force, continue to apply to that application.
Application for resumption of citizenship
20. If an application for resumption of citizenship made under section 11 of the Citizenship Act is referred to a citizenship judge before the coming into force of this section, subsection 5(1.1), paragraph 11(1)(d) and section 21 of that Act, as they read immediately before that coming into force, continue to apply to that application.
Reports under former section 10
21. (1) If, immediately before the coming into force of this section, the Minister of Citizenship and Immigration was entitled to make a report referred to in section 10 of the Citizenship Act, as that section read immediately before that coming into force, or had made such a report, the matter shall be dealt with and disposed of in accordance with that Act, as it read immediately before that coming into force.
Proceedings in which substantive evidence adduced
(2) If, immediately before the coming into force of this section, there is a proceeding pending before the Federal Court as a result of a referral under section 18 of the Citizenship Act, as that section read immediately before that coming into force, in respect of which substantive evidence has been ad- duced but no decision has been made, the proceeding shall be dealt with and disposed of in accordance with that Act, as it read immediately before that coming into force.
Other revocation cases
(3) Any other proceeding pending, immediately before the coming into force of this section, before the Federal Court as a result of a referral under section 18 of the Citizenship Act, as that section read immediately before that coming into force, shall be continued as a proceeding under subsection 10(1) of that Act, as enacted by section 6.
Other cases
(4) If, immediately before the coming into force of this section, a notice has been given under subsection 18(1) of the Citizenship Act, as that subsection read immediately before that coming into force, and the case is not provided for under subsections (1) to (3), the notice is cancelled and any process arising from the notice is terminated effective on that coming into force.
COORDINATING AMENDMENT
Bill C-467
22. If Bill C-467, introduced in the 2nd session of the 40th Parliament and entitled An Act to amend the Citizenship Act (children born abroad) (the “other Act”), receives royal assent, then, on the first day on which the other Act and subsection 2(5) of this Act are in force, the other Act is deemed never to have come into force and is repealed.
COMING INTO FORCE
April 17, 2009
23. (1) Subsections 2(1) to (4) and (6) and section 4 are deemed to have come into force on April 17, 2009.
Order in council
(2) Section 3, subsection 7(2) and sections 9, 19 and 20 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(3) Section 6, subsection 7(1), section 8, subsection 11(3) and sections 12, 17, 18 and 21 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(4) Section 10, subsections 11(5) and (7) and sections 13 to 16 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(5) Subsections 11(1), (2), (4), (6) and (8) come 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