Next meeting on March/28/2017
And on the motion in amendment of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette:
That Bill C-6 be not now read a third time, but that it be amended,
(a)in clause 3, on page 4, by replacing line 1 with the following:
“3 (1)Subsection 10(2) of the Act is repealed.
(2) Subsection 10(3) of the Act is replaced by the following:
(3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that
(a) advises the person of his or her right to make written representations;
(b) specifies the form and manner in which the representations must be made;
(c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and
(d) advises the person of his or her right to request that the case be referred to the Court.
(3.1) The person may, within 60 days after the day on which the notice is received,
(a) make written representations with respect to the matters set out in the notice, including any humanitarian and compassionate considerations — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances and whether the Minister’s decision will render the person stateless; and
(b) request that the case be referred to the Court.
(3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.
(3) The Act is amended by adding the following after subsection 10(4):
(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) if the person has made a request pursuant to paragraph (3.1)(b) unless the person has made written representations pursuant to paragraph (3.1)(a) and the Minister is satisfied
(a)on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances; or
(b)that sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.
(4) The Act is amended by adding the following after subsection 10(5):
(5.1) The Minister shall provide a notice under subsection (3) or a written decision under subsection (5) by personally serving the person. If personal service is not practicable, the Minister may apply to the Court for an order for substituted service or for dispensing with service.
(5.2) The Minister’s decision to revoke citizenship or renunciation of citizenship is final and is not subject to judicial review under this Act or the Federal Courts Act.”;
(b)in clause 4, on page 4,
(i)by replacing line 2 with the following:
“4 (1) Subsection 10.1(1) of the Act is replaced by the following:
10.1 (1) If a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.
(2) Subsections 10.1(2) and (3) of the Act are re-”, and
(ii)by adding after line 6 the following:
“(3) Subsection 10.1(4) of the Act is replaced by the following:
(4) If the Minister seeks a declaration, he or she must prove on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
(5) In an action for a declaration, the Court
(a) shall assess, on a balance of probabilities, whether the facts — acts or omissions — alleged in support of the declaration have occurred, are occurring or may occur; and
(b) with respect to any evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.”;
(c)on page 4, by adding after line 7 the following:
“5.1 Subsection 10.5(1) of the Act is replaced by the following:
10.5(1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the 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 — seek a declaration that the person who is the subject of the action 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.“;
(d) on page 7,
(i)by adding after line 16 the following:
“19.1 A person whose citizenship or renunciation of citizenship was revoked under subsection 10(1) of the Citizenship Act after the day on which this Act receives royal assent but before the day on which all of subsections 3(2)to (4) come into force, is deemed never to have had their citizenship revoked.”, and
(ii)by adding after line 21 the following:
“20.1 If, immediately before the coming into force of section 4, a notice has been given to a person under subsection 10(3) of the Citizenship Act and the matter was not finally disposed of before the coming into force of that section, the person may, within 30 days after the day on which that section comes into force, elect to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of the Citizenship Act, as enacted by subsection 3(2).”;
(e)on page 8, by replacing lines 16 to 25 with the following:
“25 Subparagraphs 40(1)(d)(ii) and (iii) of the Immigration and Refugee Protection Act are replaced by the following:
(ii) subsection 10(1) of the Citizenship Act in the circumstances set out in section 10.2 of that Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act, or
(iii) subsection 10.1(3) of the Citizenship Act in the circumstances set out in section 10.2 of the Citizenship Act before the coming into force of paragraphs 46(2)(b)and (c), as enacted by An Act to amend the Citizenship Act and to make consequential amendments to another Act.
26 Paragraphs 46(2)(b) and (c) of the Act are replaced by the following:
(b) subsection 10(1) of the Citizenship Act; or
(c) subsection 10.1(3) of the Citizenship Act.”; and
(f)in clause 27, on page 9, by adding after line 9 the following:
“(3.1) Subsections 3(2) to (4), subsections 4(1) and (3) and section 5.1 come into force one year after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.”.
