An Act to amend the Citizenship Act and to make consequential amendments to other Acts (S.C. 2014, c. 22)
Full Document:
Assented to 2014-06-19
R.S., c. C-29CITIZENSHIP ACT
21. Section 23 of the Act is replaced by the following:
Marginal note:Delegation of authority
23. Anything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization.
22. The Act is amended by adding the following after section 23:
Marginal note:Additional information, evidence or appearance
23.1 The Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance.
23. Subsection 25(2) of the Act is replaced by the following:
Marginal note:Proof of certificates or other documents
(2) A certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information.
Marginal note:2008, c. 14, s. 12(1)
24. (1) Paragraph 27(a) of the Act is repealed.
(2) Paragraph 27(b) of the Act is amended by adding the following after subparagraph (ii):
(iii) the provision under paragraph 12(1)(b) or (2)(b) of any means of establishing citizenship other than a certificate of citizenship,
(3) Section 27 of the Act is amended by adding the following after paragraph (c):
(c.1) providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;
(4) Subparagraph 27(d)(ii) of the Act is replaced by the following:
(ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;
Marginal note:2008, c. 14, s. 12(5)
(5) Paragraphs 27(i) to (k) of the Act are replaced by the following:
(i) providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;
(i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;
(j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;
(j.1) providing for the renunciation of citizenship by persons
(i) who are citizens under paragraph 3(1)(f) or (g),
(ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or
(iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);
(j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);
(k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;
(k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;
(k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;
(k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;
(k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;
(k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; and
(6) Section 27 of the Act is renumbered as subsection 27(1) and is amended by adding the following:
Marginal note:Conditions
(2) Regulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.
Marginal note:2007, c. 24, s. 3.1
25. Subsection 27.1(1) of the Act is replaced by the following:
Marginal note:Laying of proposed regulations
27.1 (1) The Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(d.1) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.
26. The Act is amended by adding the following after section 27.1:
Marginal note:Regulations — Minister
27.2 The Minister may make regulations
(a) prescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and specifying the information and evidence that is to be provided in support of them;
(b) respecting the acceptance for processing of applications made under this Act by a person who has been represented or advised by a third party for consideration;
(c) with regard to the requirements of paragraphs 5(1)(d) and (e) and 5(2)(c) and (d),
(i) respecting the procedures to be followed or evaluation methods or tools to be used in determining whether an applicant meets those requirements or any of the criteria provided for under paragraph 27(1)(d),
(ii) respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, and
(iii) respecting what constitutes evidence that an applicant meets those requirements or criteria; and
(d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.
27. 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.
28. 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.
29. 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.
30. 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
31. (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
32. 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)
33. 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)
34. (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
35. 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
36. 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.
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