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| Definitions of
``Review
Committee''
and ``threats''
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23. (1) In this section, ``Review
Committee'' and ``threats to the security of
Canada'' have the same meanings as in
section 2 of the Canadian Security
Intelligence Service Act.
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| Report to
Review
Committee
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(2) The Minister may report to the Review
Committee about any person who, in the
Minister's opinion, should not be granted
citizenship, be allowed to take the oath of
citizenship or be issued a certificate of
renunciation because there are reasonable
grounds to believe that the person has engaged
or will engage in an activity
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(a) that constitutes a threat to the security of
Canada; or
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(b) that is part of a pattern of criminal
activity planned and organized by a number
of persons acting together to encourage the
commission of an indictable offence under
any Act of Parliament.
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| Notice of
report
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(3) The Minister shall, within 10 days after
the report is made, notify the person who is the
subject of the report that the report has been
made and that the Governor in Council may,
following an investigation, make a
declaration about that person under section
27.
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| Application of
Canadian
Security
Intelligence
Service Act
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(4) The Review Committee shall
investigate the grounds on which the report is
based and subsections 39(2) and (3) and
sections 43, 44 and 48 to 51 of the Canadian
Security Intelligence Service Act apply, with
any necessary modifications, to the
investigation as if
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(a) the investigation were conducted in
relation to a complaint made under
subsection 42(3) of that Act; and
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(b) the references to ``deputy head'' in those
provisions were references to the Minister.
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| Summary
statement
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(5) The Review Committee shall, as soon as
practicable, send to the person who is the
subject of the report a statement summarizing
the information available to the Review
Committee so as to enable that person to be
informed as fully as possible of the
circumstances giving rise to the report, having
regard to whether, in the Review Committee's
opinion, the summarized information can be
disclosed without injury to national security or
to the safety of any persons.
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| Report
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(6) On completion of its investigation, the
Review Committee shall report to the
Governor in Council on the investigation and
shall, as soon as practicable, provide the
report's conclusion to the person who is the
subject of the report.
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| End of
investigation
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(7) If the Review Committee is of the
opinion that it cannot perform the duties
described in subsections (4) to (6), it shall stop
the investigation and give notice to the
Minister and the person who is the subject of
the report.
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| Appointment
of retired
judge
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24. (1) The Governor in Council may
appoint, for a period of three to five years, a
retired judge of a superior court to perform the
duties and have the powers and functions of a
Review Committee referred to in subsections
23(4) to (6). Before the appointment is made,
the Prime Minister of Canada shall consult
with the Leader of the Opposition in the
Senate, the Leader of the Opposition in the
House of Commons and the leader of every
other officially recognized party in that
House.
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| Tenure and
renewal
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(2) A retired judge appointed under
subsection (1) holds office during good
behaviour and may be removed for cause by
the Governor in Council. The appointment
may be renewed at the end of its term.
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| Remuneration
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(3) A retired judge appointed under
subsection (1) is entitled to receive, for each
day on which the judge performs duties and
exercises functions or powers, the
remuneration that the Governor in Council
fixes.
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| Moving and
travel
expenses
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(4) A retired judge appointed under
subsection (1) is entitled to be paid any
moving or travel expenses that they
reasonably incurred to perform those duties
and exercise those functions or powers outside
their place of residence.
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| Reference
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25. (1) The Minister may refer a matter that
a Review Committee has stopped
investigating under subsection 23(7) to a
retired judge appointed under subsection
24(1). The Minister shall provide the retired
judge with a copy of the report referred to in
subsection 23(2) and send the notice referred
to in subsection 23(3) to the person who is the
subject of the report.
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| Application of
subsections
23(4) to (6)
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(2) Subsections 23(4) to (6) apply to the
retired judge as if the retired judge were the
Review Committee.
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| Annual report
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26. (1) A retired judge appointed under
subsection 24(1) shall submit an annual report
every year, on or before September 30, to the
Solicitor General of Canada on their activities
for the preceding fiscal year.
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| Tabling in
Parliament
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(2) After receiving the report, the Solicitor
General shall cause the report to be laid before
each House of Parliament on any of the first 15
days on which that House is sitting.
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| Declaration
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27. (1) After considering the report made by
the Review Committee under subsection
23(6), the Governor in Council may declare
that there are reasonable grounds to believe
that the person who is the subject of the report
has engaged or will engage in an activity
referred to in paragraph 23(2)(a) or (b).
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| Effect
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(2) The Minister is, on the making of the
declaration, deemed to reject any application
for the grant or resumption of citizenship or
for a certificate of renunciation made by the
person who is the subject of the declaration.
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| Declaration
final
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(3) The declaration is final and, despite any
other Act of Parliament, is not subject to
appeal to or review by any court.
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| Effective
period
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(4) The declaration is effective for five
years after the day on which it is made.
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| Conclusive
proof
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(5) Despite anything in this Act or any other
Act of Parliament, the declaration is
conclusive proof of the matters stated in it.
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| Ineligibility
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28. Despite anything in this Act, other than
sections 9, 11 and 20, no person shall be
granted citizenship or be allowed to take the
oath of citizenship in any of the following
cases:
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(a) the person, under an enactment in force
in Canada,
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(i) is subject to a conditional sentence
order or a probation order, detained in
custody or confined under an order of a
court that is exercising jurisdiction in
relation to an offence with which they
have been charged, or
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(ii) is an offender or a person who is under
long-term supervision within the
meaning of subsection 2(1) of the
Corrections and Conditional Release Act
or a prisoner within the meaning of
subsection 2(1) of the Prisons and
Reformatories Act;
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(b) the person is charged with, on trial for,
or subject to or a party to an appeal or a
review relating to, an offence under this Act
or an indictable offence under any other Act
of Parliament;
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(c) the person is charged with, on trial for,
or subject to or a party to an appeal or
review relating to, an offence outside
Canada that, if committed in Canada,
would constitute an indictable offence
under any Act of Parliament;
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(d) during the period beginning three years
before the day on which they apply for
citizenship and ending on the day on which
they would otherwise be granted
citizenship or take the oath of citizenship,
the person has been convicted of an offence
referred to in paragraph (b) or (c), whether
or not, in the case of an offence outside
Canada, they have been pardoned or
otherwise granted amnesty by a foreign
authority in respect of the offence;
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(e) during the period beginning one year
before the day on which they apply for
citizenship and ending on the day on which
they would otherwise be granted
citizenship or take the oath of citizenship,
the person has been convicted of two or
more summary conviction offences under
any other Act of Parliament;
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(f) the person is under investigation by the
Attorney General of Canada or the Royal
Canadian Mounted Police for - or is
charged with, on trial for or subject to or a
party to an appeal relating to - an offence
under any of sections 4 to 7 of the Crimes
Against Humanity and War Crimes Act;
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(g) the person has been convicted of an
offence under any of sections 4 to 7 of the
Crimes Against Humanity and War Crimes
Act;
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(h) the person is the subject of a certificate,
a report or an admissibility hearing under
the Immigration and Refugee Protection
Act that may lead to a removal order from
Canada and any related rights of appeal or
review are not exhausted;
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(i) the person is the subject of a decision
made outside Canada that they have failed
to comply with the residency obligation
under section 28 of the Immigration and
Refugee Protection Act;
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(j) the person has obtained a decision
allowing their claim for refugee protection,
and that decision is the subject of an
application to vacate under subsection
109(1) of the Immigration and Refugee
Protection Act;
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(k) at any time during the five years before
the day on which they apply for citizenship,
the person has lost their citizenship because
of a revocation order under prior
legislation, a revocation under subsection
16(2) or 17(6) or an annulment order under
subsection 18(1);
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(l) the person is the subject of an order under
section 22 or a declaration under section 27;
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(m) the person is the subject of a report
under section 23, including the time during
which the Governor in Council is deciding
whether or not to make a declaration about
the person under section 27; or
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(n) the person is subject to a removal order,
other than an order that has not been
enforced and has become void because they
have become a permanent resident, or is
subject to or a party to an appeal or review
relating to an order for their removal that
has not been finally determined.
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| Ministerial
examination
for
conformity
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29. (1) On receiving an application under
this Act, the Minister shall, as soon as
practicable, examine it to determine whether
it complies with the applicable provisions of
this Act.
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| Information
on
examination
|
(2) If the Minister determines that an
application does not comply with the
applicable provisions of this Act, the Minister
shall, without delay, inform the applicant of
that determination and advise them of their
right to apply for judicial review under section
18.1 of the Federal Court Act.
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| Power to set
aside certain
decisions
|
30. The Minister may, on application or on
the Minister's own initiative, if the Minister is
satisfied that there was a material error in
relation to the decision, set aside a decision
refusing citizenship or refusing the issuance of
a certificate of citizenship.
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| Appointment,
tenure and
removal
|
31. (1) The Governor in Council may
appoint a person as a Citizenship
Commissioner to hold office, during pleasure,
for a term of not more than five years, which
term may be renewed for one or more further
terms of not more than five years each.
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| Full- or
part-time
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(2) A Citizenship Commissioner may be
appointed to serve full-time or part-time.
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| Remuneration
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(3) Each Citizenship Commissioner is
entitled to receive the remuneration that the
Governor in Council fixes.
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| Travel and
living
expenses
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(4) Each Citizenship Commissioner is
entitled to be paid any reasonable travel and
living expenses that they incur in the course of
their duties under this Act while absent from
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(a) in the case of a full-time Citizenship
Commissioner, their ordinary place of
work; and
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(b) in the case of a part-time Citizenship
Commissioner, their ordinary place of
residence.
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| Compensation
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(5) A Citizenship Commissioner is deemed
to be an employee for the purposes of the
Government Employees Compensation Act
and to be employed in the public service of
Canada for the purposes of any regulations
made under section 9 of the Aeronautics Act.
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| Qualifications
for
appointment
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(6) To be eligible for appointment as, and to
serve as, a Citizenship Commissioner, a
person must be a citizen, have demonstrated
an understanding of the values of good
citizenship and be recognized for their
valuable civic contribution.
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| Duties
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(7) The duties of a Citizenship
Commissioner are
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(a) to preside at citizenship ceremonies;
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(b) to promote active citizenship in the
community;
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(c) to provide, on the Minister's request,
advice and recommendations about
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(i) citizenship applications,
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(ii) appropriate methods to evaluate
citizenship applicants about their
knowledge of an official language, of
Canada and of the responsibilities and
privileges of citizenship, and
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(iii) the exercise of the Minister's
discretion; and
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(d) to give effect to any directions of the
Minister.
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| Senior
Citizenship
Commissioner
|
32. The Minister may designate a
Citizenship Commissioner to serve as Senior
Citizenship Commissioner responsible for the
professional conduct of Citizenship
Commissioners and the coordination of their
activities.
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| Ceremony
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33. (1) A person who takes the oath of
citizenship shall take it during a ceremony for
that purpose.
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| Purpose and
procedures for
ceremony
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(2) To promote the integration of new
citizens into Canadian society and to heighten
their awareness of the responsibilities and
privileges of citizenship, the Citizenship
Commissioner presiding over a citizenship
ceremony shall, subject to the Minister's
directives,
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(a) underline the importance of the
ceremony as a milestone in the life of new
citizens;
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(b) ensure that the oath of citizenship is
taken with dignity and solemnity;
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(c) personally give new citizens their
certificates of citizenship;
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(d) encourage citizens to give expression to
their civic pride by respecting the law,
exercising their right to vote and
participating in Canadian society; and
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(e) underline that all citizens should
demonstrate mutual respect and
understanding so that each citizen can
contribute to the best of their abilities in
Canadian society.
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| Exception -
oath taken
outside
ceremony
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(3) The Minister may excuse a person from
the requirement of taking the oath during a
citizenship ceremony and designate any
person to administer the oath and give
certificates of citizenship to new citizens
under procedures that the Minister fixes.
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| Oath -
schedule
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34. The form of the oath of citizenship is set
out in the schedule.
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