Citizenship Act (R.S.C., 1985, c. C-29)

RELATED PROVISIONS

• — 1997, c. 22, s. 10

  • Citizenship Act

    10 If, before section 1 of this Act comes into force, a legal proceeding has been commenced with respect to an investigation under subsection 19(4) of the Citizenship Act, a final decision in that proceeding that the Review Committee must cease its investigation is deemed to be a decision of the Review Committee under subsection 19(4.1) of that Act, as enacted by subsection 1(2) of this Act.

• — 2014, c. 22, s. 31, as amended by 2015, c. 9, s. 11

  • 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 2(2) 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).

    • 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.

    • Order in council

      (2.1) On the day on which section 8 comes into force, the reference to section 11 in subsection (1) is replaced by a reference to that section 8.

    • 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 8 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).

• — 2014, c. 22, s. 32

  • 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.

• — 2014, c. 22, s. 33

  • 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.

• — 2014, c. 22, s. 34

  • 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.

    • 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).

• — 2014, c. 22, s. 35

  • 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.

• — 2014, c. 22, s. 36

  • 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.

• — 2014, c. 22, s. 37

  • Existing applications — subsection 12(1)

    • 37 (1) An application that was made under subsection 12(1) of the Citizenship Act before the day on which subsection 2(2) 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.

    • 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).

• — 2014, c. 22, s. 38

  • Existing applications — expiry of section 14

    38 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.

• — 2014, c. 22, s. 39

  • Existing appeals and judicial review applications

    39 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.

• — 2014, c. 22, s. 40

  • Proceeding pending

    • 40 (1) A proceeding that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.

    • Revocation cases — sections 34, 35 and 37 of Immigration and Refugee Protection Act

      (2) Any proceeding with respect to allegations that a person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act, that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be continued as a proceeding under subsection 10.1(1) of the Citizenship Act, as enacted by section 8.

    • Minister of Public Safety and Emergency Preparedness

      (3) In a proceeding that is continued as set out in subsection (2), the Minister of Citizenship and Immigration, on the request of the Minister of Public Safety and Emergency Preparedness, may seek a declaration that the person is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organ­ized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.

    • Other cases

      (4) If, immediately before the coming into force of section 8, a notice has been given under subsection 18(1) of the Citizenship Act, as that subsection read immediately before that coming into force, and the case is not provided for under section 32 or any of subsections (1) to (3), the notice is cancelled and any proceeding arising from it is terminated on that coming into force, in which case the Minister, within the meaning of that Act, may provide the person to whom that notice was given a notice under subsection 10(3) of that Act, as enacted by section 8, or may commence an action for a declaration in respect of that person under subsection 10.1(1) of that Act, as enacted by section 8.

• — 2017, c. 14, s. 14

  • Presence in Canada — pending applications

    14 Paragraphs 5(1)(c) and 14(1)(a) of the Citizenship Act, as they read immediately before the day on which subsection 1(1) comes into force, apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.

• — 2017, c. 14, s. 15

  • Presence in Canada — pending applications (subsections 1(1) and (2))

    15 If subsection 1(1) comes into force before subsection 1(2), then paragraph 5(1)(c) of the Citizenship Act, as it read immediately before the day on which subsection 1(2) comes into force, applies to a person whose application for citizenship is made on or after the day on which subsection 1(1) comes into force but before the day on which subsection 1(2) comes into force and has not been finally disposed of before the day on which subsection 1(2) comes into force.

• — 2017, c. 14, s. 16

  • Intention to reside in Canada — citizenship granted

    16 Paragraph 5(1)(c.1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, is deemed never to have applied to a person whose application for citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that subsection comes into force.

• — 2017, c. 14, s. 17

  • Intention to reside in Canada — pending applications

    17 Paragraph 5(1)(c.1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, does not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.

• — 2017, c. 14, s. 17.1

  • Knowledge of Canada and official languages

    17.1 Until the day on which subsection 1(6) comes into force, paragraphs 5(1)(d) and (e) of the Citizenship Act are replaced by the following:

    • (d) if 18 years of age or more but less than 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;

    • (e) if 18 years of age or more but less than 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

• — 2017, c. 14, s. 18

  • Knowledge of Canada and official language — pending applications

    18 Paragraphs 5(1)(d) and (e) of the Citizenship Act, as enacted by subsection 1(6), apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.

• — 2017, c. 14, s. 19

  • Knowledge of Canada and official language (minors) —  pending applications

    19 Paragraphs 5(2)(c) and (d) of the Citizenship Act, as they read immediately before the day on which subsection 1(9) comes into force, do not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.

• — 2017, c. 14, s. 19.1

  • Decisions sent back for redetermination

    • 19.1 (1) Any decision that is made under subsection 10(1) of the Citizenship Act as it read immediately before the day on which subsection 3(2) comes into force 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.

    • Pending proceedings

      (2) A proceeding that is pending before the Federal Court before the day on which subsection 3(2) comes into force as a result of an action commenced under subsection 10.1(1) of the Citizenship Act is to be dealt with and disposed of in accordance with that Act as it read immediately before that day.

• — 2017, c. 14, s. 20

  • Citizenship deemed not to have been revoked

    20 A person whose citizenship was revoked under subsection 10(2) of the Citizenship Act, as it read immediately before the day on which section 3 comes into force, is deemed never to have had their citizenship revoked.

• — 2017, c. 14, s. 20.1

  • Request — new procedure

    20.1 If, before the day on which subsection 3(2) comes into force, a notice has been given to a person under subsection 10(3) of the Citizenship Act and a decision has not been made by the Minister before that day, the person may, within 30 days after that day, request to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of that Act as it reads on that day.

• — 2017, c. 14, s. 21

  • Intention to reside in Canada — citizenship granted (resumption)

    21 Paragraph 11(1)(e) of the Citizenship Act, as it read immediately before the day on which section 7 comes into force, is deemed never to have applied to a person whose application for resumption of citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that section comes into force.

• — 2017, c. 14, s. 22

  • Intention to reside in Canada — pending applications (resumption)

    22 Paragraph 11(1)(e) of the Citizenship Act, as it read immediately before the day on which section 7 comes into force, does not apply to a person whose application for resumption of citizenship was made on or after June 11, 2015 but before the day on which that section comes into force and has not been finally disposed of before the day on which that section comes into force.

• — 2017, c. 14, s. 23

  • Persons serving term of imprisonment — pending applications

    23 Paragraph 21(c) and subparagraph 22(1)(a)(iii) of the Citizenship Act, as enacted by subsections 9(2) and 10(2), respectively, apply to a person whose application has not been finally disposed of before the day on which section 9 comes into force.

• — 2017, c. 14, s. 24

  • Prohibition — taking oath

    24 Subsection 22(6) of the Citizenship Act applies to a person who made an application under subsection 5(1) or (2) or 11(1) of that Act before June 11, 2015 and who is required under that Act to take the oath of citizenship to become a citizen but has not done so before the day on which this section comes into force.

• — 2023, c. 19, s. 23

  • Referral to committee

    • 23 (1) As soon as possible after the third anniversary of the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing those provisions.

    • Report

      (2) The committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.