Landing Experience - Calgary Alberta
- Thread starter Aquib
- Start date
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
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- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
HOUSE OF COMMONS OF CANADA
BILL C-24
An Act to amend the Citizenship Act and to make consequential amendments to other Acts
________________________________________
FIRST READING, FEBRUARY 6, 2014
________________________________________
MINISTER OF CITIZENSHIP AND IMMIGRATION
90658
SUMMARY
This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.
Amendments to the eligibility requirements include
(a) clarifying the meaning of being resident in Canada;
(b) modifying the period during which a permanent resident must reside in Canada before they may apply for citizenship;
(c) expediting access to citizenship for persons who are serving in, or have served in, the Canadian Armed Forces;
(d) requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;
(e) specifying the age as of which an applicant for citizenship must demonstrate the knowledge referred to in paragraph (d) and must demonstrate an adequate knowledge of one of Canada’s official languages;
(f) requiring that an applicant meet any applicable requirement under theIncome Tax Act to file a return of income;
(g) conferring citizenship on certain individuals and their descendants who may not have acquired citizenship under prior legislation;
(h) extending an exception to the first-generation limit to citizenship by descent to children born to or adopted abroad by parents who were themselves born to or adopted abroad by Crown servants; and
(i) requiring, for a grant of citizenship for an adopted person, that the adoption not have circumvented international adoption law.
Amendments to the security and fraud provisions include
(a) expanding the prohibition against granting citizenship to include persons who are charged outside Canada for an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or who are serving a sentence outside Canada for such an offence;
(b) expanding the prohibition against granting citizenship to include persons who, while they were permanent residents, engaged in certain actions contrary to the national interest of Canada, and permanently barring those persons from acquiring citizenship;
(c) aligning the grounds related to security and organized criminality on which a person may be denied citizenship with those grounds in the Immigration and Refugee Protection Act and extending the period during which a person is barred from acquiring citizenship on that basis;
(d) expanding the prohibition against granting citizenship to include persons who, in the course of their application, misrepresent material facts and prohibiting new applications by those persons for a specified period;
(e) increasing the period during which a person is barred from applying for citizenship after having been convicted of certain offences;
(f) increasing the maximum penalties for offences related to citizenship, including fraud and trafficking in documents of citizenship;
(g) providing for the regulation of citizenship consultants;
(h) establishing a hybrid model for revoking a person’s citizenship in which the Minister will decide the majority of cases and the Federal Court will decide the cases related to inadmissibility based on security grounds, on grounds of violating human or international rights or on grounds of organized criminality;
(i) increasing the period during which a person is barred from applying for citizenship after their citizenship has been revoked;
(j) providing for the revocation of citizenship of dual citizens who, while they were Canadian citizens, engaged in certain actions contrary to the national interest of Canada, and permanently barring these individuals from reacquiring citizenship; and
(k) authorizing regulations to be made respecting the disclosure of information.
Amendments to the provisions governing the processing of applications and the review of decisions include
(a) requiring that an application must be complete to be accepted for processing;
(b) expanding the grounds and period for the suspension of applications and providing for the circumstances in which applications may be treated as abandoned;
(c) limiting the role of citizenship judges in the decision-making process, subject to the Minister periodically exercising his or her power to continue the period of application of that limitation;
(d) giving the Minister the power to make regulations concerning the making and processing of applications;
(e) providing for the judicial review of any matter under the Act and permitting, in certain circumstances, further appeals to the Federal Court of Appeal; and
(f) transferring to the Minister the discretionary power to grant citizenship in special cases.
Finally, the enactment makes consequential amendments to the Federal Courts Act and the Immigration and Refugee Protection Act.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-24
An Act to amend the Citizenship Act and to make consequential amendments to other Acts
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 Canadian Citizenship Act.
R.S., c. C-29 CITIZENSHIP ACT
2008, c. 14, s. 2(1) 2. (1) The portion of subparagraph 3(1)(f)(ii) of the French version of the Citizenship Act before clause (A) is replaced by the following:
(ii) sa citoyenneté a été révoquée pour cause de fausse déclaration, fraude ou dissimulation de faits essentiels au titre de l’une des dispositions suivantes :
(2) Subsection 3(1) of the Act is amended by striking out “or” at the end of subparagraph (i)(iii) and by adding the following after paragraph (j):
(k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;
(l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;
(m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;
(n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day;
(o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;
(p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day;
(q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under theCanadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or
(r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day.
(3) Section 3 of the Act is amended by adding the following after subsection (1):
For greater certainty (1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada.
(4) Section 3 of the Act is amended by adding the following after subsection (1):
Citizen despite death of parent (1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) 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), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).
(5) Section 3 of the Act is amended by adding the following after subsection (1.1):
Citizen despite death of parent (1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) 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 that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n).
Citizen despite death of parent (1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947.
Citizen despite death of parent (1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949.
(6) Section 3 of the Act is amended by adding the following after subsection (2):
Not applicable — paragraphs (1)(k), (m), (o) and (q) (2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if
(a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
(b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently
(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
Not applicable — paragraphs (1)(b), (g) and (h) (2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently
(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
Not applicable — paragraphs (1)(l), (n), (p) and (r) (2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if
(a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
(b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently
(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
Not applicable — paragraphs (1)(b), (g) and (h) (2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently
(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
2008, c. 14, ss. 2(2) and 13(2) (7) 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
(8) 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), (f) to (j), (q) and (r) 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), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;
(a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;
(a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or
2008, c. 14, s. 2(2) (9) 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 avaitqualité de citoyen, et ce, au titre de l’une des dispositions ci-après, ou les deux parents avaientcette qualité au titre de l’une de celles-ci :
2008, c. 14, s. 2(2) (10) Subsection 3(4) of the Act is 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 who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.
(11) Section 3 of the Act is amended by adding the following after subsection (4):
Exception — transitional provision (4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.
2008, c. 14, s. 2(2) (12) Subsection 3(5) of the Act is replaced by the following:
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.
(13) 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 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.
(14) 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) or (i); 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).
(15) Section 3 of the Act is amended by adding the following after subsection (6.1):
Citizenship other than by way of grant (6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.
Deemed application (6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r).
(16) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and’’ at the end of paragraph (g) and by adding the following after paragraph (g):
(h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born.
(17) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):
(i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;
(j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;
(k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;
(l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and
(m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.
2008, c. 14, s. 2(2) (18) The portion of subsection 3(8) of the Act before paragraph (b) is replaced by the following:
Limitation (8) For any period before the day on which subsection (7) first takes effect with respect to a person,
(a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and
(19) Section 3 of the Act is amended by adding the following after subsection (8):
Definition of “by way of grant” (9) In subsections (2.1) to (2.4) and (6.2), “by way of grant” means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.
2001, c. 27, s. 228(1) 3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,
(i) been physically present in Canada for at least1,460 days during the six years immediately beforethe date of his or her application,
(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under theIncome Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;
(c.1) intends, if granted citizenship,
(i) to continue to reside in Canada,
(ii) to enter into, or continue in, employment 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
(iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is 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;
(d) if under 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;
(e) if under 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
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 — spouse or common-law partner of citizen (1.01) 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 presencein Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
Period of physical presence — permanent residents (1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act 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).
Period of physical presence — residing with permanent residents (1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
Intention (1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.
(3) Section 5 of the Act is amended by adding the following before subsection (2):
Canadian Armed Forces — permanent resident (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who, within the period referred to in that paragraph, completed a number of years of service in the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the period referred to in that paragraph, completed a number of years of service with the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year.
(4) Subsections 5(1.2) and (1.3) of the Act are replaced by the following:
Canadian Armed Forces — permanent resident (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who
(a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and
(b) has met any applicable requirement under theIncome Tax Act to file a return of income in respect of three taxation years that are fully or partially within the six years immediately before the date of his or her application.
However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.
2008, c. 14, s. 4(1) (5) Subsection 5(2) of the Act is replaced by the following:
Grant of citizenship (2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, if
(a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child;
(b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident;
(c) in the case of a person who is 14 years of age or over at the date of the application, he or she has an adequate knowledge of one of the official languages of Canada; and
(d) in the case of a person who is 14 years of age or over at the date of the application, he or she demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.
1992, c. 21, s. 7 (6) The portion of subsection 5(3) of the Act before paragraph (c) is replaced by the following:
Waiver by Minister on compassionate grounds (3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,
(a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);
(b) in the case of a minor,
(i) the requirement respecting age set out in paragraph (1)(b),
(ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),
(iii) the requirement respecting intent set out in paragraph (1)(c.1), or
(iv) the requirement respecting the taking of the oath of citizenship;
(b.1) in the case of any person who is incapable of forming the intent referred to in paragraph (1)(c.1) or 11(1)(e) because of a mental disability, the requirement respecting that intent; and
(7) Subsection 5(4) of the Act is replaced by the following:
Special cases (4) Despite any other provision of this Act, theMinister may, in his or her discretion, grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada.
2008, c. 14, s. 4(2) (8) Paragraph 5(5)(d) of the Act is replaced by the following:
(d) has been physically present in Canada for at least1,095 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
(2) 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, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption
(3) Subsection 5.1(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and
2008, c. 14, par. 13(3)(b) (4) 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
(5) 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, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if
2007, c. 24, s. 2 (6) Paragraph 5.1(2)(b) of the Act is replaced by the following:
(b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).
2008, c. 14, par. 13(3)(c) (7) 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
(8) 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 — or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day — if
(9) 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.
(10) Paragraph 5.1(4)(a) of the Act is replaced by the following:
(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), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;
(a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;
(a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or
(11) Section 5.1 of the Act is amended by adding the following after subsection (5):
Exception — Canada and Newfoundland and Labrador (6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if
(a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and
(b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).
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 section, 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.
2008, c. 14, s. 5 6. Section 7 of the Act is replaced by the following:
No loss except as provided 7. A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1).
7. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Renunciation of citizenship 9. (1) Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he
(2) Section 9 of the Act is amended by adding the following after subsection (2)
Exception (2.1) No application for renunciation may be made if the Minister has provided the applicant with a notice referred to in subsection 10(3) or has commenced an action under subsection 10.1(1) or (2) for a declaration in respect of the applicant until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.
Processing of application suspended (2.2) If an application for renunciation is made and the Minister subsequently provides the applicant with a notice referred to in subsection 10(3) or commences an action under subsection 10.1(1) or (2) for a declaration in respect of the applicant, the processing of that application is suspended until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.
(3) Subsection 9(3) of the Act is replaced by the following:
Certificate of renunciation (3) If an application under subsection (1) is approvedby the Minister, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or any later day that the certificate may specify.
8. Section 10 of the Act is replaced by the following:
Revocation by Minister — fraud, false representation, etc. 10. (1) Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
Revocation by Minister — convictions relating to national security (2) The Minister may revoke a person’s citizenship if the person, before or after the coming into force of this subsection and while the person was a citizen,
(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 theCriminal 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 Security of Information Act and sentenced to imprisonment for life; or
(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 Security of Information Act and sentenced to imprisonment for life.
Notice (3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that specifies
(a) the person’s right to make written representations;
(b) the period within which the person may make his or her representations and the form and manner in which they must be made; and
(c) the grounds on which the Minister is relying to make his or her decision.
Hearing (4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.
Notice of decision (5) The Minister shall provide his or her decision to the person in writing.
Revocation for fraud — declaration of Court 10.1 (1) If the Minister has reasonable grounds to believe that a person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act, the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.
Revocation for engaging in armed conflict with Canada — declaration of Court (2) If the Minister has reasonable grounds to believe that a person, before or after the coming into force of this subsection and while the person was a citizen, 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, the person’s citizenship may be revoked only if the Minister — after giving notice to the person — seeks a declaration, in an action that the Minister commences, that the person so served, before or after the coming into force of this subsection and while they were a citizen, and the Court makes such a declaration.
Effect of declaration (3) Each of the following has the effect of revoking a person’s citizenship or renunciation of citizenship:
(a) a declaration made under subsection (1);
(b) a declaration made under subsection (2).
Proof (4) For the purposes of subsection (1), the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
Presumption 10.2 For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her 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 false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship.
Effect of revocation 10.3 A person whose citizenship is revoked under subsection 10(2) or paragraph 10.1(3)(b) becomes a foreign national within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Restriction 10.4 (1) Subsections 10(2) and 10.1(2) do not operate so as to authorize any decision, action or declaration that conflicts with any international human rights instrument regarding statelessness to which Canada is signatory.
Burden of proof (2) If an instrument referred to in subsection (1) prohibits the deprivation of citizenship that would render a person stateless, a person who claims that subsection 10(2) or 10.1(2) would operate in the manner described in subsection (1) must prove, on a balance of probabilities, that the person is not a citizen of any country of which the Minister has reasonable grounds to believe the person is a citizen.
Inadmissibility 10.5 (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(1), seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of theImmigration and Refugee Protection Act.
Party (2) When a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1).
Removal order (3) A declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it 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 is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1).
Evidence (5) If a declaration sought under subsection (1) is not 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, are occurring or may occur;
(b) shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(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 judgment in respect of the declarations sought under subsections (1) and 10.1(1).
No appeal from interlocutory judgment 10.6 Despite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or (2) or 10.5(1).
No appeal unless question stated 10.7 An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
9. (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 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;
(b.1) is not the subject of a declaration made undersection 20;
2001, c. 27, s. 229 (2) Subsection 11(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent residentand has, since having ceased to be a citizen and become a permanent resident,
(i) been physically present in Canada for at least365 days during the two years immediately beforethe date of the application, and
(ii) met any applicable requirement under theIncome Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made; and
(e) intends, if granted citizenship,
(i) to continue to reside in Canada,
(ii) to enter into, or continue in, employment 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
(iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is 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.
(3) Section 11 of the Act is amended by adding the following after subsection (1):
Canadian Armed Forces — permanent resident (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who, within the year immediately preceding the date of the application, completed six months of service in the Canadian Armed Forces. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the year immediately preceding the date of the application, completed six months of service with the Canadian Armed Forces.
(4) Subsections 11(1.1) and (1.2) of the Act are replaced by the following:
Canadian Armed Forces — permanent resident (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who
(a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and
(b) has met any applicable requirement under theIncome Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.
However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.
2008, c. 14, s. 13(4) 10. Part IV of the Act is replaced by the following:
PART IV
EVIDENCE OF CITIZENSHIP
Application for evidence of citizenship 12. (1) The Minister shall — on application by a person — determine, including by way of an electronic system, whether they are a citizen and, if they are,
(a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or
(b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.
Providing evidence of citizenship on acquisition (2) After a person acquires citizenship as a result ofan application under section 5 or 5.1 or subsection 11(1), the Minister shall
(a) issue a certificate of citizenship to the person; or
(b) provide the person with some other means to establish their citizenship.
2008, c. 14, s. 9 11. Section 13 of the Act is replaced by the following:
Applications 13. An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:
(a) the application is made in the form and manner and at the place required under this Act;
(b) it includes the information required under this Act;
(c) it is accompanied by any supporting evidence and fees required under this Act.
Suspension of processing 13.1 The Minister may suspend the processing of an application for as long as is necessary to receive
(a) any information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, 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 with respect to the applicant; and
(b) in the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the determination as to whether a removal order is to be made against the applicant.
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.
2008, c. 14, s. 10 12. (1) Subsection 14(1) of the Act is replaced by the following:
Consideration by citizenship judge 14. (1) If an application is accepted for processingand later referred to a citizenship judge because theMinister is not satisfied that the applicant meets the requirements of the following provisions, thecitizenship judge shall determine whether the applicantmeets those requirements within 60 days after the dayon which the application is referred:
(a) paragraph 5(1)(c), 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) paragraph 11(1)(d), in the case of an application for resumption of citizenship under subsection 11(1).
(2) Paragraphs 14(1)(a) to (c) of the Act are replaced by the following:
(a) subparagraphs 5(1)(c)(i) and (ii), 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).
2001, c. 27, s. 230 (3) Subsections 14(1.1) to (6) of the Act are replaced by the following:
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 herdecision, of the reasons for it and of the right to apply for judicial review.
2002, c. 8, par. 182(1)(j) 13. Sections 15 to 17 of the Act are replaced by the following:
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.
14. Section 18 of the Act is repealed.
15. (1) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:
Report to Review Committee (2) The Minister may make a report to the Review Committee 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
(2) The portion of subsection 19(2) of the English version of the Act after paragraph (b) is repealed.
1997, c. 22, s. 3 16. (1) Subsection 20(1) of the Act is replaced by the following:
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 Committee 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).
(2) Subsection 20(2) of the Act is replaced by the following:
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.
(3) Subsection 20(3) of the Act is replaced by the following:
Expiration of declaration (3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it ismade.
17. 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,
18. The Act is amended by adding the following after section 21:
Representation or advice fo
BILL C-24
An Act to amend the Citizenship Act and to make consequential amendments to other Acts
________________________________________
FIRST READING, FEBRUARY 6, 2014
________________________________________
MINISTER OF CITIZENSHIP AND IMMIGRATION
90658
SUMMARY
This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.
Amendments to the eligibility requirements include
(a) clarifying the meaning of being resident in Canada;
(b) modifying the period during which a permanent resident must reside in Canada before they may apply for citizenship;
(c) expediting access to citizenship for persons who are serving in, or have served in, the Canadian Armed Forces;
(d) requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;
(e) specifying the age as of which an applicant for citizenship must demonstrate the knowledge referred to in paragraph (d) and must demonstrate an adequate knowledge of one of Canada’s official languages;
(f) requiring that an applicant meet any applicable requirement under theIncome Tax Act to file a return of income;
(g) conferring citizenship on certain individuals and their descendants who may not have acquired citizenship under prior legislation;
(h) extending an exception to the first-generation limit to citizenship by descent to children born to or adopted abroad by parents who were themselves born to or adopted abroad by Crown servants; and
(i) requiring, for a grant of citizenship for an adopted person, that the adoption not have circumvented international adoption law.
Amendments to the security and fraud provisions include
(a) expanding the prohibition against granting citizenship to include persons who are charged outside Canada for an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or who are serving a sentence outside Canada for such an offence;
(b) expanding the prohibition against granting citizenship to include persons who, while they were permanent residents, engaged in certain actions contrary to the national interest of Canada, and permanently barring those persons from acquiring citizenship;
(c) aligning the grounds related to security and organized criminality on which a person may be denied citizenship with those grounds in the Immigration and Refugee Protection Act and extending the period during which a person is barred from acquiring citizenship on that basis;
(d) expanding the prohibition against granting citizenship to include persons who, in the course of their application, misrepresent material facts and prohibiting new applications by those persons for a specified period;
(e) increasing the period during which a person is barred from applying for citizenship after having been convicted of certain offences;
(f) increasing the maximum penalties for offences related to citizenship, including fraud and trafficking in documents of citizenship;
(g) providing for the regulation of citizenship consultants;
(h) establishing a hybrid model for revoking a person’s citizenship in which the Minister will decide the majority of cases and the Federal Court will decide the cases related to inadmissibility based on security grounds, on grounds of violating human or international rights or on grounds of organized criminality;
(i) increasing the period during which a person is barred from applying for citizenship after their citizenship has been revoked;
(j) providing for the revocation of citizenship of dual citizens who, while they were Canadian citizens, engaged in certain actions contrary to the national interest of Canada, and permanently barring these individuals from reacquiring citizenship; and
(k) authorizing regulations to be made respecting the disclosure of information.
Amendments to the provisions governing the processing of applications and the review of decisions include
(a) requiring that an application must be complete to be accepted for processing;
(b) expanding the grounds and period for the suspension of applications and providing for the circumstances in which applications may be treated as abandoned;
(c) limiting the role of citizenship judges in the decision-making process, subject to the Minister periodically exercising his or her power to continue the period of application of that limitation;
(d) giving the Minister the power to make regulations concerning the making and processing of applications;
(e) providing for the judicial review of any matter under the Act and permitting, in certain circumstances, further appeals to the Federal Court of Appeal; and
(f) transferring to the Minister the discretionary power to grant citizenship in special cases.
Finally, the enactment makes consequential amendments to the Federal Courts Act and the Immigration and Refugee Protection Act.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-24
An Act to amend the Citizenship Act and to make consequential amendments to other Acts
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 Canadian Citizenship Act.
R.S., c. C-29 CITIZENSHIP ACT
2008, c. 14, s. 2(1) 2. (1) The portion of subparagraph 3(1)(f)(ii) of the French version of the Citizenship Act before clause (A) is replaced by the following:
(ii) sa citoyenneté a été révoquée pour cause de fausse déclaration, fraude ou dissimulation de faits essentiels au titre de l’une des dispositions suivantes :
(2) Subsection 3(1) of the Act is amended by striking out “or” at the end of subparagraph (i)(iii) and by adding the following after paragraph (j):
(k) the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;
(l) the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;
(m) the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;
(n) the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day;
(o) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;
(p) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day;
(q) the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under theCanadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; or
(r) the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day.
(3) Section 3 of the Act is amended by adding the following after subsection (1):
For greater certainty (1.01) For greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada.
(4) Section 3 of the Act is amended by adding the following after subsection (1):
Citizen despite death of parent (1.1) A person who would not become a citizen under paragraph (1)(b), (g) or (h) 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), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).
(5) Section 3 of the Act is amended by adding the following after subsection (1.1):
Citizen despite death of parent (1.2) A person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) 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 that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n).
Citizen despite death of parent (1.3) A person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947.
Citizen despite death of parent (1.4) A person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949.
(6) Section 3 of the Act is amended by adding the following after subsection (2):
Not applicable — paragraphs (1)(k), (m), (o) and (q) (2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if
(a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
(b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently
(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
Not applicable — paragraphs (1)(b), (g) and (h) (2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently
(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
Not applicable — paragraphs (1)(l), (n), (p) and (r) (2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if
(a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
(b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently
(i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
(ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
Not applicable — paragraphs (1)(b), (g) and (h) (2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently
(a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
(b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
2008, c. 14, ss. 2(2) and 13(2) (7) 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
(8) 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), (f) to (j), (q) and (r) 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), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;
(a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;
(a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or
2008, c. 14, s. 2(2) (9) 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 avaitqualité de citoyen, et ce, au titre de l’une des dispositions ci-après, ou les deux parents avaientcette qualité au titre de l’une de celles-ci :
2008, c. 14, s. 2(2) (10) Subsection 3(4) of the Act is 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 who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.
(11) Section 3 of the Act is amended by adding the following after subsection (4):
Exception — transitional provision (4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.
2008, c. 14, s. 2(2) (12) Subsection 3(5) of the Act is replaced by the following:
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.
(13) 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 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.
(14) 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) or (i); 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).
(15) Section 3 of the Act is amended by adding the following after subsection (6.1):
Citizenship other than by way of grant (6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.
Deemed application (6.3) A person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r).
(16) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and’’ at the end of paragraph (g) and by adding the following after paragraph (g):
(h) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born.
(17) Subsection 3(7) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):
(i) a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;
(j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;
(k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;
(l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and
(m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.
2008, c. 14, s. 2(2) (18) The portion of subsection 3(8) of the Act before paragraph (b) is replaced by the following:
Limitation (8) For any period before the day on which subsection (7) first takes effect with respect to a person,
(a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and
(19) Section 3 of the Act is amended by adding the following after subsection (8):
Definition of “by way of grant” (9) In subsections (2.1) to (2.4) and (6.2), “by way of grant” means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.
2001, c. 27, s. 228(1) 3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,
(i) been physically present in Canada for at least1,460 days during the six years immediately beforethe date of his or her application,
(ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and
(iii) met any applicable requirement under theIncome Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;
(c.1) intends, if granted citizenship,
(i) to continue to reside in Canada,
(ii) to enter into, or continue in, employment 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
(iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is 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;
(d) if under 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;
(e) if under 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
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 — spouse or common-law partner of citizen (1.01) 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 presencein Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
Period of physical presence — permanent residents (1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act 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).
Period of physical presence — residing with permanent residents (1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).
Intention (1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.
(3) Section 5 of the Act is amended by adding the following before subsection (2):
Canadian Armed Forces — permanent resident (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who, within the period referred to in that paragraph, completed a number of years of service in the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the period referred to in that paragraph, completed a number of years of service with the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year.
(4) Subsections 5(1.2) and (1.3) of the Act are replaced by the following:
Canadian Armed Forces — permanent resident (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who
(a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and
(b) has met any applicable requirement under theIncome Tax Act to file a return of income in respect of three taxation years that are fully or partially within the six years immediately before the date of his or her application.
However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.
2008, c. 14, s. 4(1) (5) Subsection 5(2) of the Act is replaced by the following:
Grant of citizenship (2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, if
(a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child;
(b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident;
(c) in the case of a person who is 14 years of age or over at the date of the application, he or she has an adequate knowledge of one of the official languages of Canada; and
(d) in the case of a person who is 14 years of age or over at the date of the application, he or she demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.
1992, c. 21, s. 7 (6) The portion of subsection 5(3) of the Act before paragraph (c) is replaced by the following:
Waiver by Minister on compassionate grounds (3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,
(a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);
(b) in the case of a minor,
(i) the requirement respecting age set out in paragraph (1)(b),
(ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),
(iii) the requirement respecting intent set out in paragraph (1)(c.1), or
(iv) the requirement respecting the taking of the oath of citizenship;
(b.1) in the case of any person who is incapable of forming the intent referred to in paragraph (1)(c.1) or 11(1)(e) because of a mental disability, the requirement respecting that intent; and
(7) Subsection 5(4) of the Act is replaced by the following:
Special cases (4) Despite any other provision of this Act, theMinister may, in his or her discretion, grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada.
2008, c. 14, s. 4(2) (8) Paragraph 5(5)(d) of the Act is replaced by the following:
(d) has been physically present in Canada for at least1,095 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
(2) 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, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption
(3) Subsection 5.1(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and
2008, c. 14, par. 13(3)(b) (4) 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
(5) 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, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if
2007, c. 24, s. 2 (6) Paragraph 5.1(2)(b) of the Act is replaced by the following:
(b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).
2008, c. 14, par. 13(3)(c) (7) 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
(8) 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 — or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day — if
(9) 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.
(10) Paragraph 5.1(4)(a) of the Act is replaced by the following:
(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), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;
(a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;
(a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or
(11) Section 5.1 of the Act is amended by adding the following after subsection (5):
Exception — Canada and Newfoundland and Labrador (6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if
(a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and
(b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).
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 section, 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.
2008, c. 14, s. 5 6. Section 7 of the Act is replaced by the following:
No loss except as provided 7. A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1).
7. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Renunciation of citizenship 9. (1) Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he
(2) Section 9 of the Act is amended by adding the following after subsection (2)
Exception (2.1) No application for renunciation may be made if the Minister has provided the applicant with a notice referred to in subsection 10(3) or has commenced an action under subsection 10.1(1) or (2) for a declaration in respect of the applicant until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.
Processing of application suspended (2.2) If an application for renunciation is made and the Minister subsequently provides the applicant with a notice referred to in subsection 10(3) or commences an action under subsection 10.1(1) or (2) for a declaration in respect of the applicant, the processing of that application is suspended until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.
(3) Subsection 9(3) of the Act is replaced by the following:
Certificate of renunciation (3) If an application under subsection (1) is approvedby the Minister, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or any later day that the certificate may specify.
8. Section 10 of the Act is replaced by the following:
Revocation by Minister — fraud, false representation, etc. 10. (1) Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
Revocation by Minister — convictions relating to national security (2) The Minister may revoke a person’s citizenship if the person, before or after the coming into force of this subsection and while the person was a citizen,
(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 theCriminal 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 Security of Information Act and sentenced to imprisonment for life; or
(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 Security of Information Act and sentenced to imprisonment for life.
Notice (3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that specifies
(a) the person’s right to make written representations;
(b) the period within which the person may make his or her representations and the form and manner in which they must be made; and
(c) the grounds on which the Minister is relying to make his or her decision.
Hearing (4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.
Notice of decision (5) The Minister shall provide his or her decision to the person in writing.
Revocation for fraud — declaration of Court 10.1 (1) If the Minister has reasonable grounds to believe that a person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act, the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.
Revocation for engaging in armed conflict with Canada — declaration of Court (2) If the Minister has reasonable grounds to believe that a person, before or after the coming into force of this subsection and while the person was a citizen, 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, the person’s citizenship may be revoked only if the Minister — after giving notice to the person — seeks a declaration, in an action that the Minister commences, that the person so served, before or after the coming into force of this subsection and while they were a citizen, and the Court makes such a declaration.
Effect of declaration (3) Each of the following has the effect of revoking a person’s citizenship or renunciation of citizenship:
(a) a declaration made under subsection (1);
(b) a declaration made under subsection (2).
Proof (4) For the purposes of subsection (1), the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
Presumption 10.2 For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her 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 false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship.
Effect of revocation 10.3 A person whose citizenship is revoked under subsection 10(2) or paragraph 10.1(3)(b) becomes a foreign national within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Restriction 10.4 (1) Subsections 10(2) and 10.1(2) do not operate so as to authorize any decision, action or declaration that conflicts with any international human rights instrument regarding statelessness to which Canada is signatory.
Burden of proof (2) If an instrument referred to in subsection (1) prohibits the deprivation of citizenship that would render a person stateless, a person who claims that subsection 10(2) or 10.1(2) would operate in the manner described in subsection (1) must prove, on a balance of probabilities, that the person is not a citizen of any country of which the Minister has reasonable grounds to believe the person is a citizen.
Inadmissibility 10.5 (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(1), seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of theImmigration and Refugee Protection Act.
Party (2) When a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1).
Removal order (3) A declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it 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 is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1).
Evidence (5) If a declaration sought under subsection (1) is not 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, are occurring or may occur;
(b) shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(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 judgment in respect of the declarations sought under subsections (1) and 10.1(1).
No appeal from interlocutory judgment 10.6 Despite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or (2) or 10.5(1).
No appeal unless question stated 10.7 An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
9. (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 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;
(b.1) is not the subject of a declaration made undersection 20;
2001, c. 27, s. 229 (2) Subsection 11(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent residentand has, since having ceased to be a citizen and become a permanent resident,
(i) been physically present in Canada for at least365 days during the two years immediately beforethe date of the application, and
(ii) met any applicable requirement under theIncome Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made; and
(e) intends, if granted citizenship,
(i) to continue to reside in Canada,
(ii) to enter into, or continue in, employment 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
(iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is 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.
(3) Section 11 of the Act is amended by adding the following after subsection (1):
Canadian Armed Forces — permanent resident (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who, within the year immediately preceding the date of the application, completed six months of service in the Canadian Armed Forces. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the year immediately preceding the date of the application, completed six months of service with the Canadian Armed Forces.
(4) Subsections 11(1.1) and (1.2) of the Act are replaced by the following:
Canadian Armed Forces — permanent resident (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of theImmigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who
(a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and
(b) has met any applicable requirement under theIncome Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.
However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
Canadian Armed Forces — person attached or seconded (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.
2008, c. 14, s. 13(4) 10. Part IV of the Act is replaced by the following:
PART IV
EVIDENCE OF CITIZENSHIP
Application for evidence of citizenship 12. (1) The Minister shall — on application by a person — determine, including by way of an electronic system, whether they are a citizen and, if they are,
(a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or
(b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.
Providing evidence of citizenship on acquisition (2) After a person acquires citizenship as a result ofan application under section 5 or 5.1 or subsection 11(1), the Minister shall
(a) issue a certificate of citizenship to the person; or
(b) provide the person with some other means to establish their citizenship.
2008, c. 14, s. 9 11. Section 13 of the Act is replaced by the following:
Applications 13. An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:
(a) the application is made in the form and manner and at the place required under this Act;
(b) it includes the information required under this Act;
(c) it is accompanied by any supporting evidence and fees required under this Act.
Suspension of processing 13.1 The Minister may suspend the processing of an application for as long as is necessary to receive
(a) any information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, 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 with respect to the applicant; and
(b) in the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the determination as to whether a removal order is to be made against the applicant.
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.
2008, c. 14, s. 10 12. (1) Subsection 14(1) of the Act is replaced by the following:
Consideration by citizenship judge 14. (1) If an application is accepted for processingand later referred to a citizenship judge because theMinister is not satisfied that the applicant meets the requirements of the following provisions, thecitizenship judge shall determine whether the applicantmeets those requirements within 60 days after the dayon which the application is referred:
(a) paragraph 5(1)(c), 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) paragraph 11(1)(d), in the case of an application for resumption of citizenship under subsection 11(1).
(2) Paragraphs 14(1)(a) to (c) of the Act are replaced by the following:
(a) subparagraphs 5(1)(c)(i) and (ii), 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).
2001, c. 27, s. 230 (3) Subsections 14(1.1) to (6) of the Act are replaced by the following:
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 herdecision, of the reasons for it and of the right to apply for judicial review.
2002, c. 8, par. 182(1)(j) 13. Sections 15 to 17 of the Act are replaced by the following:
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.
14. Section 18 of the Act is repealed.
15. (1) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:
Report to Review Committee (2) The Minister may make a report to the Review Committee 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
(2) The portion of subsection 19(2) of the English version of the Act after paragraph (b) is repealed.
1997, c. 22, s. 3 16. (1) Subsection 20(1) of the Act is replaced by the following:
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 Committee 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).
(2) Subsection 20(2) of the Act is replaced by the following:
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.
(3) Subsection 20(3) of the Act is replaced by the following:
Expiration of declaration (3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it ismade.
17. 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,
18. The Act is amended by adding the following after section 21:
Representation or advice fo
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
Bill C-24 which can be read full here
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6410225&File=4
Just keeping finger cross that post election new government interfere and do something good for immigrant.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6410225&File=4
Just keeping finger cross that post election new government interfere and do something good for immigrant.
ravirocks
Star Member
- Jul 22, 2014
- 23
- 123
- Category........
- Visa Office......
- NDVO
- NOC Code......
- 0121
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 15-07-2014
- Nomination.....
- 11-11-2014
- IELTS Request
- Sent with Application
- Med's Request
- 24-01-2015
- Med's Done....
- 13-02-2015
- Interview........
- Not Required
Hi Friends
With God's Grace and your well wishes I got My PPR and DM Yesterday. Thanks All for your support. Thank you so much. Can Someone Please update the spreadsheet on my behalf.
My Timeline is as follows
App Date 15th July
Noc 0121
PER 11 November
Second Line update- 22nd Jan
MR 24th Jan
Med Done- 13th feb
Third Line Updated- 7th March
PPR and DM- 31st March
NDVO
All the Best to All of You. God Bless you All
Thanks & Regards
Ravi
With God's Grace and your well wishes I got My PPR and DM Yesterday. Thanks All for your support. Thank you so much. Can Someone Please update the spreadsheet on my behalf.
My Timeline is as follows
App Date 15th July
Noc 0121
PER 11 November
Second Line update- 22nd Jan
MR 24th Jan
Med Done- 13th feb
Third Line Updated- 7th March
PPR and DM- 31st March
NDVO
All the Best to All of You. God Bless you All
Thanks & Regards
Ravi
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
Congrats Ravi.ravirocks said:
So when you planning to Land. I do suggest to land before winter so you can get adapted to changing weather .
Let me know if you need any help.
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
I posted this as reply to one post. Then thought to create separate post as it may be useful to someone who do not know :
Buying house is easy once you got Job and completed 1-6 month probation period.
Normally bank give loan up to 5 times of your family gross income.
Current 5 year close rates are 2.59-2.79 .
Avoid Realtor as Realtor cost money. For 400k house Realtor fees are 7% of first 100k and 3% of rest so it approx 16000$ plus 5-13% tax on that amount which is approx 17,500$
This money devide 50-50 between buyer and sell or Realtor.
Buyer thing he has not to pay anything as all money paid by seller . but truth is that if Seller want to sell his house for 400k. Then his Realtor will list for 425k and close deal for 415-420k. So Realtor commission is paid by buyer indirectly.
Try to look for property directly from kijiji or other flat fee real estate website or friends or just driving around.
Avoid property listed in mls. If they listed try to find seller number and spoke to him directly. And buy property once his contract from Realtor finish.
If going to buy house from builder , never take Realtor with you.
Realtor talk very friendly. But for very heavy fees.
I had bought my second house and sold one house.
Bought both without Realtor and got good deal. Sold without Realtor. But buyer was with Realtor so Realtor has inflate price to get his commission. Becz buyer trust Realtor and want to deal through him. So Realtor ask me to change my kijiji add and posted property of 15k more on kijiji and other website and then he did paper work just to rip off buyer who trust him. So he got me almost 14k more then what I asking and that money gone in his pocket. Only person who loses is buyer becz he is his client.
Just google about realtor commision and house prices without. Realtor. If they tell buyer that how much going towards there commision then things are fair. But if they say there service is free then ..........
(I won't have problem with Realtor profession. But wanna people know about my experience. And then they will decide what good for them )
Buying house is easy once you got Job and completed 1-6 month probation period.
Normally bank give loan up to 5 times of your family gross income.
Current 5 year close rates are 2.59-2.79 .
Avoid Realtor as Realtor cost money. For 400k house Realtor fees are 7% of first 100k and 3% of rest so it approx 16000$ plus 5-13% tax on that amount which is approx 17,500$
This money devide 50-50 between buyer and sell or Realtor.
Buyer thing he has not to pay anything as all money paid by seller . but truth is that if Seller want to sell his house for 400k. Then his Realtor will list for 425k and close deal for 415-420k. So Realtor commission is paid by buyer indirectly.
Try to look for property directly from kijiji or other flat fee real estate website or friends or just driving around.
Avoid property listed in mls. If they listed try to find seller number and spoke to him directly. And buy property once his contract from Realtor finish.
If going to buy house from builder , never take Realtor with you.
Realtor talk very friendly. But for very heavy fees.
I had bought my second house and sold one house.
Bought both without Realtor and got good deal. Sold without Realtor. But buyer was with Realtor so Realtor has inflate price to get his commission. Becz buyer trust Realtor and want to deal through him. So Realtor ask me to change my kijiji add and posted property of 15k more on kijiji and other website and then he did paper work just to rip off buyer who trust him. So he got me almost 14k more then what I asking and that money gone in his pocket. Only person who loses is buyer becz he is his client.
Just google about realtor commision and house prices without. Realtor. If they tell buyer that how much going towards there commision then things are fair. But if they say there service is free then ..........
(I won't have problem with Realtor profession. But wanna people know about my experience. And then they will decide what good for them )
rizwan150
Hero Member
- Jan 16, 2014
- 233
- Visa Office......
- London
- NOC Code......
- 2243
- App. Filed.......
- 10-04-2014
- Doc's Request.
- 24-06-2014
- Nomination.....
- 07-05-2014
- Med's Request
- 26-06-2014 (Self MR + RPRF for both) & 31-07-2014 (Spouse MR),
- Med's Done....
- 06-07-2014 (Self) & 18-08-2014 (Spouse)
- Passport Req..
- PPR-1 + PPR-2: 17-02-2015
- VISA ISSUED...
- 17-02-2015, Passport Received: 17-03-2015
- LANDED..........
- 26-05-2015
Aquib Bro,Aquib said:
I need to know a few thing regarding landing.
1- I am working in Middle East and want to come for a short landing in May for 2 weeks. Please let me know that which points i need to take care while this period?
2- As per current rules, how much time continuous can i stay after this short landing? Will it be required to land once a year for 2-3 weeks next year too?
3- As per current rules, in order to retain Permanent Residence, we need to spend 3 years out of 5 year period of Permanent Resident Card? Is it correct what i know?
As per my plan, please guide me, apart from this, any other thing i need to take care of? in order to perform all things in a correct manner.
Looking forward for your guidance in this regard.
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
Current rule 2 out of 5 year.rizwan150 said:
Appendix A: Residency obligation
Minimum residency obligations
You must meet the residency obligation to obtain a Permanent Resident Card.
If you have been a permanent resident for five (5) years or more
you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years
you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident.
Time spent outside of Canada
Notice for persons under 22 years of age on the residency requirements to maintain Permanent Resident status for the purposes of Permanent Resident (PR) Card and/or Permanent Resident Travel Document applications:
Effective August 1, 2014, for the purpose of determining whether a permanent resident meets the residency requirements to maintain permanent resident status, CIC’s definition of “child” has changed, from under 22 years of age to under 19 years of age.
Time during which an applicant aged 19 and over accompanied a parent abroad before August 1, 2014, will be assessed under the previous definition of “child.” Time during which an applicant aged 19 and over accompanies a parent abroad on or after August 1, 2014, will be assessed under the new definition of “child.”
You may also count days outside of Canada as days for which you satisfy the residency obligation in the following circumstances:
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your spouse, common-law partner or parent (if you are a child under 19 years of age).
Evidence required
You must provide supporting documents to prove that:
The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.
Supporting documents may include:
marriage license or evidence of common-law partnership (mandatory if you are accompanying a spouse or common-law partner);
child’s birth certificate, baptismal document, or adoption or legal guardianship document (mandatory if you are accompanying a parent);
all passports or other travel documents of the person you are accompanying used in the five (5) years before the application (mandatory);
school or employment records;
association or club memberships;
documents showing the citizenship of the person you are accompanying, including the date the person became a Canadian citizen (mandatory);
evidence of the residential addresses of the person you are accompanying for the five (5) years before the application (mandatory);
any other documents that you want to have considered.
OPTION 2. Employment outside Canada
You may count each day you were employed outside Canada if your employment meets the following requirements:
you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province or territory and
as a term of your employment or contract, you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada
For this application, a Canadian business is defined as:
a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
an enterprise that has:
an ongoing operation in Canada
is capable of generating revenue
is carried out in anticipation of profit
in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
an organization or enterprise created by the laws of Canada or a province
rizwan150
Hero Member
- Jan 16, 2014
- 233
- Visa Office......
- London
- NOC Code......
- 2243
- App. Filed.......
- 10-04-2014
- Doc's Request.
- 24-06-2014
- Nomination.....
- 07-05-2014
- Med's Request
- 26-06-2014 (Self MR + RPRF for both) & 31-07-2014 (Spouse MR),
- Med's Done....
- 06-07-2014 (Self) & 18-08-2014 (Spouse)
- Passport Req..
- PPR-1 + PPR-2: 17-02-2015
- VISA ISSUED...
- 17-02-2015, Passport Received: 17-03-2015
- LANDED..........
- 26-05-2015
Thank you Aquib.Aquib said:
Regarding one post you mentioned in forum, that rule is about to change regarding this.
1- Does this rule change also applies for maintaining Permanent Residence Status means PR Card ???
2- When this new rule is going to be implemented, has the date been announced or still its under discussion ???
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
It seems good, lots of people fly that route to Calgary. Amsterdam airport is pretty easy for transit. Make sure you have some Euros if you need for coffee, snack, etc.....there is a Mcdonalds at AMS....sarkhan said:
The flights seem ok, Etihad is good. Just make sure you reserve Muslim meal for the KLM flights (ask the travel agent to do this when doing the ticketing).
No idea about the extra weights, etc. Check with travel agent or IOM
- Apr 19, 2011
- 128
- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Jan 2010
- Doc's Request.
- March 2010
- AOR Received.
- JULY 2010
- IELTS Request
- SUBMIT WITH APPLICATION
- File Transfer...
- FEB 2010
- Med's Request
- 09 FEB 2012
- Med's Done....
- 27 Feb 2012
- Interview........
- Medical received 12 March
- Passport Req..
- 15 April 2012
- VISA ISSUED...
- 30 April 2012
- LANDED..........
- Sep 18 2012 Shuker Allah.
In KLM if u reserve Muslim meal then you get Veg meals.canvis2006 said:
Ask for Kosher meals. Chances is you get some non veg.