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

 The Act is amended by adding the following after section 28:

Marginal note:Sunset  —  after five years
  • 28.1 (1) Section 14 expires five years after the day on which subsection 22.1(3) comes into force unless, before then, the Minister extends its application for up to five years.

  • Marginal note:Sunset  —  further periods of up to five years

    (2) The Minister may, before the expiry of each extended period, extend the application of that section for up to five years.

  • Marginal note:Sunset  — subsection 22.1(3)

    (3) Subsection 22.1(3) expires 30 days after the day on which section 14 expires.

 Subsections 29(1) to (3) of the Act are replaced by the following:

Definition of “document of citizenship”

  • 29. (1) For the purposes of this section, “document of citizenship” means a certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation.

  • Marginal note:Indictable offences and punishment

    (2) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years if that person

    • (a) obtains or uses a document of citizenship of another person to personate that other person;

    • (b) knowingly permits a document of citizenship relating to him or her to be used by another person to personate him or her; or

    • (c) is in possession of a document of citizenship that he or she knows has been unlawfully issued or altered, or counterfeited.

  • Marginal note:Offences and punishment

    (3) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years if that person

    • (a) without lawful authority issues, provides or alters a document of citizenship;

    • (b) counterfeits a document of citizenship;

    • (c) uses, acts on or causes or attempts to cause any person to use or act on a document of citizenship, knowing it to have been unlawfully issued, provided or altered or to have been counterfeited; or

    • (d) traffics in documents of citizenship or has such documents in his or her possession for the purpose of trafficking.

 The Act is amended by adding the following after section 29:

Marginal note:Contravention of subsection 21.1(1)

29.1 A person who commits an offence under subsection 21.1(1) is liable

  • (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Counselling misrepresentation
  • 29.2 (1) Every person commits an offence who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act.

  • Marginal note:Misrepresentation

    (2) Every person commits an offence who knowingly

    • (a) for any of the purposes of this Act, directly or indirectly, makes any false representation, commits fraud or conceals any material circumstances;

    • (b) communicates directly or indirectly, by any means, false or misleading information or representations with the intent to induce a person to make, or deter a person from making, an application to become a citizen, to obtain a certificate of citizenship or another document establishing citizenship or to renounce citizenship; or

    • (c) refuses to answer a question put to him or her at an interview or a proceeding held under this Act.

  • Marginal note:Penalties

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.

 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).

 
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