Strengthening Canadian Citizenship Act: A before and after view of the key changes to the Citizenship Act
This list highlights changes to the Citizenship Act. Applicants should consult the CIC website and instructions on the application forms and guide for more detailed information on these changes.
Before
Residence for three out of four years (1,095 days)
After
Requires physical presence in Canada for four years (1,460 days) out of the six years immediately before the date of application (in effect June 11, 2015)
Before
No requirement that residents be physically present
After
Requires 183 days minimum of physical presence in Canada during each of the four calendar years that are fully or partially within the six years immediately before the date of application (in effect June 11, 2015)
Before
Time as a non-permanent resident (non-PR) may be counted toward residence for citizenship
After
Eliminates use of time spent in Canada as a non-permanent resident (non-PR) for most applicants (in effect June 11, 2015)
Before
No “intent to reside” provision
After
Introduces “intent to reside” provision (in effect June 11, 2015)
Before
Adult applicants aged 18–54 must meet language requirements and pass knowledge test.
After
Legislation now requires applicants aged 14–64 to meet language requirements and pass knowledge test (in effect June 11, 2015)
Before
Most “Lost Canadians” had their citizenship restored in 2009, but small number remained ineligible for citizenship
After
Extends citizenship to “Lost Canadians” born before 1947 as well as their 1st generation children born abroad (in effect June 11, 2015)
Before
Bars to citizenship for people with domestic criminal charges and convictions
After
Expansion of criminal prohibitions to bar applicants for crimes committed abroad. (in effect June 11, 2015)
Before
Consultants not required to be registered or regulated in order to represent individuals in citizenship mattersFew tools to deter fraud and ensure program integrityFines and penalties for fraud are a maximum of $1,000 and/or one year in prison
After
Clearly defines who is authorized to provide representation or advice in a consultant capacity on citizenship matters and receive consideration (i.e. compensation)newly-designated Immigration Consultants of Canada Regulatory Council is the new regulatory body for citizenship consultantsGives the Minister of Citizenship and Immigration Canada the authority to refuse an application for recognized status as a consultant if applicant commits fraud. Fines and penalties for fraud are up to a maximum $100,000 and/or up to five years in prison (in effect June 11, 2015)New offences and penalties will be implemented for a person who counsels known misrepresentation or represents or advises a citizenship applicant and are unauthorized to do so (in effect June 11, 2015)
Before
Governor in Council (GIC) final decision maker for citizenship revocation
After
Gives Minister of Citizenship and Immigration authority to decide on most revocation casesComplex revocation cases such as war crimes, crimes against humanity, security, other human or international rights violations, and organized criminality decided by the Federal Court (in effect May 28, 2015)
Before
Limited authority to define what constitutes a complete application
After
Establishes authority to define what constitutes a complete application and what evidence applicants must provide (in effect since August 2014)
Before
Citizenship grant is a three-step decision-making process
After
Changes citizenship grant to a single-step process for most applications that reduces duplication and improves processing times (in effect since August 2014)
Before
No requirement to file Canadian income taxes to be eligible for a grant of citizenship
After
Requires adult applicants to file Canadian income taxes, if required under the Income Tax Act, to be eligible for citizenship (in effect June 11, 2015)
Before
No authority to revoke citizenship for grounds beyond fraud and misrepresentation
After
Authority to revoke Canadian citizenship from dual citizens who served as members of an armed force of a country or an organized armed group engaged in armed conflict with Canada (in effect May 28, 2015)Authority to revoke Canadian citizenship from dual citizens who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received (in effect May 28, 2015)Authority to deny Canadian citizenship to permanent residents who served as members of an armed force of a country or an organized armed group engaged in armed conflict with Canada or who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received (in effect June 11, 2015)
Before
Misrepresentation on applications could only be pursued through the laying of charges by the Royal Canadian Mounted Police.
After
Applicants can be refused for misrepresenting or withholding material facts on applications and are subsequently barred from being granted citizenship for five years (in effect May 28, 2015)
Before
No fast-track mechanism for citizenship for members of the military to honour their service to the Canadian Armed Forces
After
Creates a fast-track mechanism for citizenship for individuals serving or on exchange with the Canadian Armed Forces to honour their service to Canada (in effect since June 2014)
.
