• 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 under section 20;

• Marginal note: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 resident and has, since having ceased to be a citizen and become a permanent resident,

    • (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

    • (ii) met any applicable requirement under the Income 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):

  • Marginal note: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 the Immigration 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.

  • Marginal note: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:

  • Marginal note: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 the Immigration 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 the Income 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.

  • Marginal note: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.

Marginal note:2008, c. 14, s. 13(4)

10. Part IV of the Act is replaced by the following:

Marginal note:2008, c. 14, s. 9

11. Section 13 of the Act is replaced by the following:

Marginal note:2008, c. 14, s. 10

• 12. (1) Subsection 14(1) of the Act is replaced by the following:

  Marginal note:Consideration by citizenship judge

  • 14. (1) If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on 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).

• Marginal note:2001, c. 27, s. 230

  (3) Subsections 14(1.1) to (6) of the Act are replaced by the following:

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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 her decision, of the reasons for it and of the right to apply for judicial review.