Bill C-274: An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act

R.S., c. C- 29 Citizenship Act 1 Subsection 3(1) of the Citizenship Act is amended by adding the following after paragraph (c.1): (c.2) the person has been granted citizenship under section 5.3; 2 The Act is amended by adding the following after section 5.2: Grant of citizenship — minors in care 5.3 (1) The Minister shall, on application, grant citizenship to a person who meets the requirements set out in subsection (2) and who was ordinarily resident in Canada on the day on which any of the following circumstances ceased to apply to the person: (a) the person resided in an institution — including a psychiatric or addiction treatment facility — a group foster home, the private home of a foster parent or the private home of a guardian, tutor or other individual occupying a similar role, under a decree, order or judgment of a competent tribunal, and that person was maintained by (i) a department or agency of the Government of Canada or a province mandated with the protection and care of children, or (ii) an agency appointed by a province, including an authority established under the laws of a province, or by an agency appointed by such an authority, for the purpose of administering any law of the province for the protection and care of children; (b) the person resided in or was maintained by an institution licensed or otherwise authorized under the laws of a province to have the custody or care of children; or (c) the person was provided with services to improve their living conditions by an agency appointed by a province, including an authority established under the laws of a province, or by an agency appointed by such an authority, for the purpose of administering any law of the province for the protection and care of children. Requirements (2) To be granted citizenship under subsection (1), the applicant must (a) not have been returned to the custody and care of their parent when any of the circumstances described in paragraphs (1)(a) to (c) ceased to apply to them, unless the return took place within 365 days of the date on which they reached the age of 18 years; (b) have been subject to one or more of the circumstances described in paragraphs (1)(a) to (c) for at least 365 days cumulatively; (c) have been physically present in Canada for at least 1,095 days before the date of their application; and (d) not have resided outside of Canada for more than 10 years since reaching the age of 18 years. Proof of circumstances (3) A written statement by the applicant about the existence of any of the circumstances described in paragraphs (1)(a) to (c) is proof of those circumstances unless the Minister determines on a balance of probabilities that the circumstances did not exist. Waiver by Minister on compassionate grounds (4) The Minister may, in their discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds any of the requirements set out in subsection (2). 3 The portion of subsection 12(2) of the Act before paragraph (a) is replaced by the following: Providing evidence of citizenship on acquisition (2) After a person acquires citizenship as a result of an application under section 5, 5.1 or 5.3 or subsection 11(1), the Minister shall 4 Paragraphs 27(1)(d.1) to (d.3) of the Act are replaced by the following: (d.1) providing for the factors to be considered in determining whether the requirements set out in section 5.1 or 5.3 are met; (d.2) providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) or 5.3(1) and (2) are met; (d.3) providing for the circumstances in which a review of an application under section 5.1 or 5.3 is suspended; 5 Paragraph 27.2(d) of the Act is replaced by the following: (d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3), 5.3(4) 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. 2001, c. 27 Immigration and Refugee Protection Act 6 Section 50 of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (b): (b.1) in the case of a foreign national who has made an application under section 5.3 of the Citizenship Act , until a final decision has been made on the application; 7 Section 51 of the Act is renumbered as subsection 51(1) and is amended by adding the following: Void — grant of citizenship (2) A removal order that has not been enforced becomes void if the foreign national is granted citizenship under section 5.3 of the Citizenship Act .