BILL C-24, THE NEW CITIZENSHIP ACT

PURPOSE OF THIS WORKSHOP  To provide information about the changes in Citizenship Act  To urge all eligible applicants to apply for citizenship before the new law comes into effect.

BILL C-24 Bill C-24 – An Act to amend the Citizenship Act This bill has received Royal Assent on June 19, 2014 and is now law. However, not all changes are in effect yet. Most of the provisions are expected to come into force sometime in This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.

MAIN CHANGES BEFOREAFTER RESIDENCE FOR 3 OUT OF 4 YEARS (1,095 DAYS) PHYSICAL PRESENCE FOR 4 YEARS OUT OF 6 YEARS (1,460 DAYS) NO REQUIREMENT THAT A RESIDENT BE PHYSICALLY PRESENT 183 DAYS MINIMUM OF PHYSICAL PRESENCE PER YEAR TIME IN CANADA AS A NON- PERMANENT RESIDENT MAY BE COUNTED TOWARD RESIDENCE FOR CITIZENSHIP ELIMINATES USE OF TIME SPENT IN CANADA AS A NON-PERMANENT RESIDENT NO INTENT TO RESIDE PROVISIONINTEND TO RESIDE PROVISION

MAIN CHANGES BEFOREAFTER APPLICANTS AGED MUST MEET LANGUAGE REQUIREMENTS AND PASS KNOWLEDGE TEST APPLICANTS AGED MUST MEET LANGUAGE REQUIREMENTS AND PASS KNOWLEDGE TEST NO REQUIREMENT TO FILE INCOME TAXES REQUIRES ADULT APPLICANTS TO FILE INCOME TAXES NO FAST-TRACK MECHANISM FOR CITIZENSHIP FOR PERSONS WHO ARE SERVING OR SERVED IN, THE CANADIAN ARMED FORCES. EXPEDITED PROCESS FOR PERSONS WHO ARE SERVING OR HAVE SERVED IN, THE CANADIAN ARMED FORCES. (took effect on June 19, 2014) BARS GETTING CITIZENSHIP FROM PEOPLE WITH DOMESTIC CRIMINAL CHARGES AND CONVICTIONS EXPANDS BAR ON GETTING CITIZENSHIP TO PEOPLE WITH FOREIGN CRIMINAL CHARGES AND CONVICTIONS (A ministerial discretion to waive exists for exceptional cases to ensure that applicants facing unfounded charges would not be permanently barred).

MAIN CHANGES BEFOREAFTER CONSULTANTS NOT REQUIRED TO BE REGISTERED OR REGULATED IN ORDER TO REPRESENT INDIVIDUALS IN CITIZENSHIP CASES CONSULTANTS REPRESENTING CLIENTS MUST BE REGULATED FINE AND PENALTIES FOR FRAUD ARE A MAXIMUM OF $ 1,000 AND/OR ONE YEAR IN PRISON MAXIMUM FINE OF $100,000 AND/OR FIVE YEARS IN PRISON LIMITED AUTHORITY TO DEFINE WHAT CONSTITUTES A COMPLETE APPLICATION REQUIRING THAT AN APPLICATION MUST BE COMPLETE TO BE ACCEPTED FOR PROCESSING (took effect on August 1, 2014)

MAIN CHANGES BEFOREAFTER GOVERNOR IN COUNCIL (GIC) FINAL DECISION MAKER ON DISCRETIONARY GRANTS OF CITIZENSHIP GIVES CIC MINISTER THE AUTHORITY TO DECIDE ON DISCRETIONARY GRANTS OF CITIZENSHIP (effective since June 19, 2014) NO AUTHORITY TO REVOKE CITIZENSHIP FOR ACTS AGAINST CANADA’S NATIONAL INTEREST ESTABLISHES THE AUTHORITY TO REVOKE CANADIAN CITIZENSHIP FROM DUAL CITIZENS AND DENY IT TO PERMANENT RESIDENTS WHO ARE CONVICTED OF TERRORISM, HIGH TREASON, OR SPYING OFFENCES, DEPENDING ON THE SENTENCE RECEIVED. GOVERNOR IN COUNCIL (GIC) MAKES FINAL DECISION ON CITIZENSHIP REVOCATION MINISTER OF CITIZENSHIP AND IMMIGRATION MAKES ALL DECISIONS ON REVOCATION CASES EXCEPT COMPLEX CASES SUCH AS WAR CRIMES, CRIMES AGAINST HUMANITY.

NEW STEAMLINED DECISION-MAKING PROCESS BEFORENow (effective since August 1, 2014) STEP 1 :CITIZENSHIP OFFICERS REVIEW THE FILE STEP 2: CITIZENSHIP JUDGE REVIEWS THE FILE, APPROVES OR REJECTS THE FILE STEP 3: FILE GOES BACK TO THE CITIZENSHIP OFFICER, WHO ON BEHALF OF THE MINISTER, GRANTS OR RECOMMENDS AN APPEAL STEP 1: CITIZENSHIP OFFICERS REVIEW AND MAKE DECISIONS CASES WHERE THE OFFICER BELIEVES THE APPLICANT DOESN’T MEET THE RESIDENCE REQUIREMENT WILL BE REFERRED TO CITIZENSHIP JUDGES

Can be revoked from dual citizens if the person: -served as member of an armed force or organized armed group engaged in an armed conflict with Canada; -was convicted of treason, high treason, spying offences and sentenced to imprisonment for life; or -was convicted of a terrorism offence or an equivalent foreign terrorism conviction and sentenced to five years or more imprisonment. Note: Revocation on these grounds would only apply to persons with dual citizenship, to comply with Canada's obligations under the 1961 Convention on the Reduction of Statelessness. WHEN CITIZENSHIP CAN BE REVOKED?

JUDICIAL REVIEW AND APPEAL PROCESS BEFORENOW (effective since August 1, 2014) AN APPEAL OF CITIZENSHIP’S JUDGE DECISION WOULD GO TO THE FEDERAL COURT AS A RIGHT. IT COULD NOT GO TO A HIGHER COURT. DECISIONS BY CITIZENSHIP OFFICERS CAN BE JUDICIALLY REVIEWED ONLY WITH LEAVE FROM THE COURT. THE FEDERAL COURT OF APPEAL CAN NOW HEAR APPEALS OF FEDERAL COURT JUDICIAL REVIEWS.

BEFORENOW (effective since August 1, 2014) NO AUTHORITY TO DECLARE AN APPLICATION ABANDONED, IN SITUATIONS WHERE APPLICANT FAILS TO APPEAR FOR THE CITIZENSHIP TEST OR AN APPOINTMENT WITH A JUDGE APPLICATION WILL BE DECLARED ABANDONED IF YOU FAIL TO COMPLY WITH A REQUEST FOR INFORMATION OR TO ATTEND AN INTERVIEW. AUTHORITY TO ABANDON A CITIZENSHIP APPLICATION