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2005-27
AMENDMENTS TO THE CITIZENSHIP ACT
OTTAWA, November 17, 2005 — Today,
the Honourable Joe Volpe, Minister of Citizenship and
Immigration, introduced two bills in the House of
Commons to amend the Citizenship Act. The
current Act has been in place since 1977.
“Today’s amendments are an important first step in
our efforts to ensure Canada’s Citizenship Act
continues to reflect present day realities,” Minister
Volpe said. “The changes we are proposing will help
strengthen the integrity and fairness of the system.”
The two bills support the Government of Canada’s
commitment in the Speech from the Throne to modernize
Canada’s Citizenship Act and respond to the
concerns expressed by the Standing Committee on
Citizenship and Immigration. The amendments will make
important changes to recognize adopted children and
ensure foreign criminal offences are properly considered
in citizenship applications.
With respect to adoption, the proposed provision will
reduce the distinction between children born to, and
children adopted by, Canadian citizens outside Canada by
eliminating the requirement that adopted children first
obtain permanent residence status before becoming
Canadian. Upon application, adopted children will be
able to obtain citizenship after the adoption is
finalized. Requirements will ensure that the adoption is
legal and the best interests of the child are protected.
Foreign charges and convictions are currently not a
bar to obtaining Canadian citizenship. The proposed
foreign criminal prohibitions provision will, with
respect to foreign offences, prevent people from
acquiring citizenship if they are currently serving a
sentence, have been convicted of a serious crime in the
last three years or are currently charged with a serious
offence. However, the Minister may use his discretion to
waive a prohibition on compassionate grounds.
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For further information (media only):
Stephen Heckbert
Director of Communications
Office of the Minister
Citizenship and Immigration Canada
(613) 954-1064
Greg Scott
Spokesperson
Media Relations
Citizenship and Immigration Canada
(613) 941-7028

BACKGROUNDER
CITIZENSHIP BILLS
Modernizing the Citizenship Act
As a first step toward modernizing the
Citizenship Act, the Government of Canada has
tabled two bills. Should they receive Royal Assent, the
proposed legislation would help update the current law
that dates back to 1977. These bills help modernize our
citizenship rules and processes, and address gaps in the
current legislation.
Canada’s first citizenship legislation came into
effect in 1947 and was replaced when a new law was
enacted in 1977. Since then, inconsistencies have become
apparent.
The two amendments are based on previous legislative
proposals and consultations: Bill C-63, introduced in
Parliament in 1998, Bill C-16, introduced in 1999, and
Bill C-18, introduced in 2002. The two amendments also
respond to the recommendations made recently by the
Standing Committee on Citizenship and Immigration.
The citizenship bills include two important
changes
Introducing comprehensive citizenship legislation is
a priority for the Government of Canada, and these two
important amendments are an effective means to get the
process under way. These two amendments concern changing
the process for children adopted outside Canada by
Canadian citizens and adding prohibitions to citizenship
for criminal activity outside Canada.
1. Citizenship through adoption
Under the proposed legislation, a foreign child
adopted by a Canadian citizen could be granted
citizenship without any permanent residence
prerequisite. This provision is intended to reduce the
distinction between children born to and children
adopted by Canadian citizens outside Canada. The
adoption must be a legal adoption and in the best
interests of the child in order to be recognized for
citizenship purposes. These requirements are intended to
help prevent child trafficking or abduction. Under the
current legislation, a foreign child adopted by a
Canadian must obtain permanent residence before applying
for citizenship.
- The proposed legislation will eliminate the
permanent residence requirement for children adopted
outside Canada by a Canadian parent, unless the parent
chooses to go through the immigration process or the
adoption is to take place in Canada.
- The requirements for adopted children will no
longer resemble those for immigrants wishing to
acquire citizenship, but will more closely resemble
those for children born outside Canada to a Canadian
parent.
- Adopted children will not be subject to criminal
or security prohibitions, just as children born to
Canadians outside Canada are not subject to these
prohibitions.
- Upon application, adopted children will be able to
obtain citizenship after the adoption is finalized.
Adoption applications in process
Should this amendment receive parliamentary approval,
pending citizenship applications for children adopted
outside Canada by a Canadian parent will be finalized
under the current process. If the adopted child is found
not to be eligible for citizenship under the current
provision, CIC will then assess the application under
the new provision.
Should this legislation pass, children adopted by a
Canadian parent may apply for citizenship under the new
provision as soon as the legislation comes into force.
2. Foreign criminal prohibitions
Under the current legislation, people who commit
crimes outside Canada are not barred from acquiring
citizenship. The proposed legislation would prohibit
persons from acquiring citizenship if they have been
charged or convicted with offences outside Canada that,
if committed in Canada would prevent them from becoming
Canadian citizens. It will prevent people from acquiring
citizenship if they:
- are currently serving a sentence;
- have been convicted of a serious offence in the
last three years; or
- are currently charged with a serious offence.
Convictions and charges outside Canada will be
assessed on the basis of their Canadian equivalent. The
new prohibitions include a provision specifying that
outstanding foreign charges will not be prohibitive to
citizenship if the Citizenship and Immigration Minister
is satisfied that there are compassionate grounds to
waive the prohibition.
Transitional provision for foreign criminal
prohibitions
Should this legislation pass, foreign criminal
prohibitions will apply to all pending cases and new
applications equally. An applicant will not be granted
citizenship or be permitted to take the oath of
citizenship if the person:
- is currently serving a sentence;
- has been convicted of a serious offence in the
last three years; or
- is currently charged with a serious offence.
Where the person is charged with a serious offence,
the Minister may waive the prohibition on compassionate
grounds.
ENQUIRIES
The CIC Call Centre can provide further information
on the proposed legislation. Please call: 1 888 242-2100
(toll-free anywhere in Canada)
Visit our Internet site for up-to-date information on
the proposed citizenship legislation: (http://www.cic.gc.ca).
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