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

Assented to 2014-06-19

 Section 31 of the Act is replaced by the following:

Marginal note:Limitation period

31. Any proceedings in respect of an offence under this Act or the regulations that is punishable on summary conviction may be instituted at any time within but not later than 10 years after the time when the offence was committed.

TRANSITIONAL PROVISIONS

Marginal note:Existing applications  — sections 5, 5.1, 9 and 11
  •  (1) Subject to subsections (2) and (3), an application that was made under subsection 5(1), (2), or (5), 5.1(1), (2) or (3), 9(1) or 11(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accord­ance with

    • (a) the provisions of that Act  —  except section 3, subsection 5(4), sections 5.1 and 14 and paragraph 22(1)(f)  —  as they read immediately before that day; and

    • (b) the following provisions of that Act as they read on that day:

      • (i) section 3,

      • (ii) paragraph 5(2)(b) and subsection 5(4),

      • (iii) section 5.1 other than paragraph (1)(c.1),

      • (iv) sections 13.1 to 14, and

      • (v) paragraphs 22(1)(a.1), (a.2), (b.1), (e.1), (e.2) and (f) and subsections 22(1.1), (3) and (4).

  • Marginal note:Order in council

    (2) On the day on which section 11 comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that section 11.

  • Marginal note:Paragraphs 5(1)(c) and 11(1)(d)

    (3) On the day on which subsection 2(2) comes into force

    • (a) the reference to section 11 in subsection (1) is replaced by a reference to that subsection 2(2); and

    • (b) the requirement described in paragraph 5(1)(c) or 11(1)(d) of that Act, as enacted by subsections 3(1) and 9(2), respectively, that a person have no unfulfilled conditions relating to their status as a permanent resident, applies to an application referred to in subsection (1).

Marginal note:Reports under former section 10

 If, immediately before the day on which section 8 comes into force, the Minister, within the meaning of the Citizenship Act, was entitled to make or had made a report referred to in section 10 of that Act, as that section 10 read immediately before that day, the matter is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.

Marginal note:Judicial review  — subsection 10(1)

 If a matter is the subject of an order that is made under subsection 10(1) of the Citizenship Act before the day on which section 8 comes into force or as a result of the application of section 32 or subsection 40(1) and that is set aside by the Federal Court and referred back for determination, the matter is to be determined by the Governor in Council in accordance with that subsection 10(1) as it read immediately before that day.

Marginal note:Existing applications  — subsections 5(1.2) and (1.3) and 11(1.1) and (1.2)
  •  (1) Subject to subsection (2), subsections 5(1.2) and (1.3) and 11(1.1) and (1.2) of the Citizenship Act, as enacted by subsections 3(3) and 9(3), respectively, continue to apply in respect of applications that were made before the day on which subsections 3(4) and 9(4) come into force and were not finally disposed of before that day.

  • Marginal note:Exception

    (2) The requirement described in subsections 5(1.2) and 11(1.1) of the Citizenship Act, as enacted by subsections 3(4) and 9(4), respectively, that a person have no unfulfilled conditions relating to his or her status as a permanent resident applies in respect of applications referred to in subsection (1).

Marginal note:Redetermination of decisions  — sections 5, 9 and 11

 Any decision that is made under section 5, 9 or 11 of the Citizenship Act before the day on which subsection 12(1) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after the day on which that subsection comes into force is to be determined in accordance with that Act as it reads on that day.

Marginal note:Expiry of section 14  — decisions under section 5 or 11

 In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, any decision that is made under section 5 or 11 of that Act before the day on which that section 14 expires and that is set aside by the Federal Court and sent back for a redetermination on or after that day is to be determined in accordance with that Act as it reads on that day.

Marginal note:Existing applications  — subsection 12(1)
  •  (1) An application that was made under subsection 12(1) of the Citizenship Act before the day on which subsection 3(7) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with

    • (a) the provisions of that Act  —  except section 3  —  as they read immediately before that day; and

    • (b) section 3 of that Act as it reads on that day.

  • Marginal note:Order in council

    (2) On the day on which subsection 2(2) comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that subsection 2(2).

Marginal note:Existing applications  — expiry of section 14

 In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, every application that is referred to a citizenship judge for determination under that section 14 and in respect of which a decision to approve or not to approve is not made before the expiry of that section 14 is to be dealt with and disposed of in accordance with the provisions of that Act, as if that section 14 had been repealed.

Marginal note:Existing appeals and judicial review applications

 An appeal under subsection 14(5) of the Citizenship Act  —  or an application for judicial review with respect to any matter under that Act  —  that was commenced before the day on which section 20 comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with that Act and the Federal Courts Act as they read immediately before that day.

 

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