An Act to amend the Citizenship Act and to make consequential amendments to other Acts (S.C. 2014, c. 22)

• Published date: 03 September 2014
• Section: Part III - Acts of Parliament
• Gazette Issue: 2 - [object Object]

S.C. 2014, c. 22

Assented to 2014-06-19

An Act to amend the Citizenship Act and to make consequential amendments to other Acts

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 the Income 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.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Strengthening Canadian Citizenship Act.

R.S., c. C-29CITIZENSHIP ACT

Marginal note: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 the Canadian 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):

  • Marginal note: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):

  • Marginal note: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):

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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...