Vol. 149, No. 12 — June 17, 2015

Registration

SOR/2015-129 June 5, 2015

CITIZENSHIP ACT

Regulations Amending the Citizenship Regulations

P.C. 2015-756 June 4, 2015

Whereas, pursuant to subsection 27.1(1) (see footnote a) of the Citizenship Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Citizenship Regulations to be laid before each House of Parliament, substantially in the annexed form;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsection 21.1(6) (see footnote c) and paragraphs 27(1)(d.1) (see footnote d), (d.2) (see footnote e), (f), (j.1) (see footnote f) and (k.1) to (k.5) (see footnote g) of the Citizenship Act (see footnote h), makes the annexed Regulations Amending the Citizenship Regulations.

REGULATIONS AMENDING THE CITIZENSHIP REGULATIONS

AMENDMENTS

1. (1) The definition “prescribed” in section 2 of the Citizenship Regulations (see footnote 1) is repealed.

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

“Regulations” means the Citizenship Regulations, No. 2. (Règlement)

2. Sections 3 to 5.5 of the Regulations are replaced by the following:

5.1 The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a minor child referred to in section 5 of the Regulations:

• (a) if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,
  • (i) whether the provincial authority responsible for international adoption has stated in writing that in its opinion the adoption was in accordance with the Hague Convention on Adoption and that the provincial authority does not object to the adoption, and
  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;
• (b) if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,
  • (i) whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,
  • (ii) whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,
  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,
  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and
  • (v) whether the child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption;
• (c) if the adoption occurred abroad and, at the time of the adoption, the minor child was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,
  • (i) whether the competent authorities responsible for international adoption in the child’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated in writing that in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and
  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;
• (d) in all other cases,
  • (i) whether a competent authority of the country of intended destination at the time of the adoption conducted or approved a home study of the parent or parents, as the case may be, and has stated in writing that it does not object to the adoption,
  • (ii) whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,
  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,
  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and
  • (v) whether the minor child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption.

5.2 The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a person referred to in section 6 of the Regulations:

• (a) if the adoption occurred in Canada and, at the time of the adoption, the person was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,
  • (i) whether the provincial authority responsible for international adoption has stated in writing that in its opinion the adoption was in accordance with the Hague Convention on Adoption and that the provincial authority does not object to the adoption, and
  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;
• (b) if the adoption occurred in Canada and, at the time of the adoption, the person was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,
  • (i) whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,
  • (ii) whether before the adoption, the person’s parent or parents, as the case may be, gave their free and informed consent, in writing, to the adoption,
  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,
  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and
  • (v) whether the person was eligible for adoption in accordance with the laws of the person’s country of habitual residence at the time of the adoption;
• (c) if the adoption occurred abroad and, at the time of the adoption, the person was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,
  • (i) whether the competent authorities responsible for international adoption in the person’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated, in writing, that in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and
  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;
• (d) in all other cases,
  • (i) whether a competent authority of the country of intended destination at the time of the adoption conducted or approved a home study of the parent or parents, as the case may be, and has stated in writing that it does not object to the adoption,
  • (ii) whether before the adoption, the person’s parent or parents, as the case may be, gave their free and informed consent, in writing, to the adoption,
  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,
  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and
  • (v) whether the person was eligible for adoption in accordance with the laws of the person’s country of habitual residence at the time of the adoption.

5.3 The following factors are to be considered in determining whether the requirements of subsection 5.1(2) of the Act have been met in respect of the adoption of a person referred to in section 7 of the Regulations:

• (a) if the adoption occurred in Canada,
  • (i) whether a provincial competent authority has stated, in writing, that it does not object to the adoption, and
  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;
• (b) in all other cases,
  • (i) whether the competent authorities of the person’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated, in writing, that they do not object to the adoption, and
  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption.

5.4 For greater certainty, in sections 5.2 and 5.3 the reference to “Canada” is a reference to Canada further to the union of Newfoundland and Labrador with Canada, and the reference to “provincial” also includes Newfoundland and Labrador.

3. Sections 7 to 10 of the Regulations are replaced by the following:

7.1 (1) The Minister must approve an application made under subsections 11(1) and (2) of the Regulations if the person

• (a) is a citizen of a country other than Canada or will become a citizen of a country other than Canada if the application is approved; and
• (b) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability.

(2) The Minister may waive on compassionate grounds the requirement set out in paragraph (1)(b).

(3) If an application for renunciation is approved, the Minister must issue to the person a document attesting to the renunciation.

4. Section 12 of the Regulations is replaced by the following:

12. (1) When an applicant appears before a citizenship judge, the judge may require the applicant to give evidence under oath.

(2) A citizenship judge may permit an applicant to be accompanied by

• (a) a person who does not have a citizenship application in progress;
• (b) a person acting as an interpreter who is at least 18 years of age and who does not have a citizenship application in progress; and
• (c) any other person, if their exclusion would cause the applicant undue hardship.

(3) A person referred to in paragraph (2)(b) or a person referred to in paragraph (2)(c) who also acts as an interpreter must have sufficient knowledge of one of Canada’s official languages in order to be able to understand the judge’s instructions and questions and to communicate with the judge.

5. (1) Paragraph 20(2)(a) of the English version of the Regulations is replaced by the following:

• (a) if the oath is to be taken in Canada, a citizenship officer of the citizenship office that the Registrar considers appropriate in the circumstances; or

(2) Paragraph 20(2)(b) of the Regulations is replaced by the following:

• (b) if the oath is to be taken in another country, a foreign service officer in that country.

6. (1) Subsections 25(3) and (4) of the Regulations are replaced by the following:

(3) When a person who has been granted or issued a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph makes an application for a certificate of citizenship under section 14 of the Regulations, the person shall surrender all certificates referred to in paragraph (1)(a) that are in the person’s possession to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

(2) Subsections 25(5) to (7) of the Regulations are replaced by the following:

(5) When a person who has been issued a certificate of renunciation makes an application for another certificate, the person shall surrender the previously issued certificate to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

7. Subsections 26(1) and (2) of the Regulations are replaced by the following:

26. (1) The Registrar shall, in writing, require a person to surrender to the Registrar any certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph, or certificate of renunciation, issued or granted to the person under the Act or prior legislation or any regulations made under them if there is reason to believe that the person may not be entitled to the certificate or has violated any of the provisions of the Act, and the person shall forthwith comply with the requirement.

(2) If the Registrar becomes aware that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the holder’s photograph, or certificate of renunciation, contravened any provision of the Act, the Registrar shall cause to be retained any certificate surrendered to the Registrar by that person until that certificate is no longer required as evidence in any legal proceedings that may be instituted in consequence of the alleged contravention.

8. The heading before section 27 and sections 27 to 30 of the Regulations are replaced by the following:

DISCLOSURE OF INFORMATION

26.1 If the Minister determines that the conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Minister may disclose the following information about that person to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

• (a) their name, postal address, telephone number, fax number and email address;
• (b) the name of the professional body of which they are a member and their membership identification number;
• (c) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

26.2 (1) A body that is designated under subsection 21.1(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

• (a) its most recent annual report;
• (b) its most recent financial statement and the auditor’s report on that financial statement;
• (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;
• (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;
• (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;
• (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time they were provided to the Minister in accordance with this section;
• (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;
• (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;
• (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;
• (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;
• (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;
• (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them during its last completed fiscal year;
• (m) the name and membership number of each of its members;
• (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time they were provided to the Minister in accordance with this section;
• (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;
• (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;
• (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time that information was provided to the Minister in accordance with this section;
• (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person with respect to the body during its last completed fiscal year, as well as the name of the person;
• (s) any training requirements that it imposes on its members; and
• (t) information concerning any training made available by it to its members during its last completed fiscal year, including
  • (i) the professional qualifications required of trainers,
  • (ii) the identification of the mandatory courses from among those on offer,
  • (iii) any evaluation methods and applicable completion standards, and
  • (iv) the name and professional qualifications of each trainer.

(2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the information or documents set out in the notice.

(3) The information and documents referred to in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

(4) Any information or document referred to in subsection (1) or (2) may be provided to the Minister by electronic means.

26.3 The Minister may disclose information with respect to the citizenship status of a person to any department or agency of the government of Canada or of a province with which the Minister has entered into an arrangement or agreement for the disclosure of the information for the purpose of determining the person’s eligibility for a benefit or program.

26.4 (1) The Minister may disclose information with respect to the loss of citizenship of a person or the cancellation of any certificate set out in subsection 26(3) to any department or agency of the government of Canada or of a province with which the Minister has entered into an arrangement or agreement for the disclosure of the information.

(2) If the loss of the person’s citizenship occurred as a result of false representation, fraud or concealment of material circumstances, the Minister may disclose to departments and agencies of the government of Canada or of a province any relevant information related to the false representation, fraud or concealment of material circumstances, as the case may be.

26.5 (1) The Minister may disclose within his or her own department any information obtained through the management of the citizenship program for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act and the laws respecting passports and other travel documents.

(2) The Minister may disclose to the Department of Employment and Social Development and to the Canada Border Services Agency any information obtained through the management of the citizenship program for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act and the laws respecting passports and other travel documents if the Minister has entered into an arrangement with that Department or Agency for the disclosure of the information.

26.6 (1) The Minister may require an applicant to provide their social insurance number, if any, in any application made under subsection 5(1) or 11(1) of the Act.

(2) The Minister may disclose the following information to the Canada Revenue Agency if the Minister has entered into an arrangement with the Agency for the disclosure of the information:

• (a) the social insurance number of an applicant for the purposes of verifying whether the applicant has complied with the requirements set out in paragraphs 5(1)(c) and (1.2)(b) and 11(1)(d) and (1.1)(b) of the Act; and
• (b) any relevant information related to any discrepancies between the information obtained from the applicant and that provided by the Agency if there are reasonable grounds to believe that the discrepancy is a result of false representation, fraud or concealment of material circumstances made in the course of an application, as well as any personal information, including the social insurance number, of an applicant that the Agency is authorized to collect for the purpose of the administration of its programs and the enforcement of the legislation for which it is responsible.

26.7 The Minister may disclose the identity or the status of a person to the Royal Canadian Mounted Police, to any provincial or municipal police force or to any other investigative bodies with which the Minister has entered into an arrangement or agreement for the disclosure of that information.

9. Paragraph 31(5)(c) of the Regulations is replaced by the following:

• (c) a person who has submitted, in accordance with section 14 of the Regulations, an application for a certificate of citizenship in respect of which a determination has not yet been made.

10. The portion of items 1 to 7 of the schedule to the Regulations in Column I is replaced by the following:

Item	Column I Application
1.	Application for grant of citizenship under section 2, 6, 7 or 9 of the Regulations
2.	Application for grant of citizenship under section 4, 5 or 8 of the Regulations
3.	Application for renunciation of citizenship under section 10 of the Regulations
4.	Application for resumption of citizenship by a minor child under section 12 of the Regulations
5.	Application for resumption of citizenship by a person who is 18 years of age or older under section 12 of the Regulations
6.	Application for certificate of citizenship under section 14 of the Regulations
7.	Application for search of records under section 18 of the Regulations

COMING INTO FORCE

11. These Regulations come into force on the day on which subsection 4(3) of the Strengthening Canadian Citizenship Act, chapter 22 of the Statutes of Canada, 2014, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On June 19, 2014, the Strengthening Canadian Citizenship Act (SCCA) received royal assent. This was the first comprehensive reform to the Citizenship Act since 1977. Several provisions of the Act came into effect upon royal assent and by Order on August 1, 2014. The sections of the SCCA relating to the implementation of the revocation provisions, as well as the regulatory amendments that support those provisions, were brought into force at the end of May 2015. The remaining SCCA provisions have now been brought into force, along with the supporting regulatory amendments, which include the following:

• 1. provisions relating to information sharing;
• 2. provisions relating to “lost Canadians” and grants of citizenship for adopted persons;
• 3. provisions relating to accompanying persons at hearings with citizenship judges;
• 4. technical amendments recommended by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR); and
• 5. provisions relating to new enabling authorities granted in the SCCA.

1. Information sharing

Social insurance numbers

The SCCA contains new provisions requiring citizenship applicants to file their taxes, when required to do so under the Income Tax Act, and meet new residency requirements, in order to be eligible to obtain Canadian citizenship. To implement these new requirements, Citizenship and Immigration Canada (CIC) must be able to directly verify tax filing and residence requirements with the Canada Revenue Agency (CRA) prior to granting citizenship. The Department must also confirm that the applicant consents to the sharing of his or her tax information by the CRA with the Minister of Citizenship and Immigration. However, access to the CRA’s secure verification process requires the individual’s social insurance number (SIN), to ensure that accurate information is being provided on the correct client.

Previously, there was no authority under the Citizenship Act or the Citizenship Regulations to enable CIC to collect the SIN for the purposes of exchanging information with the CRA. As a result, for verification of residence, CIC used the CRA notices of assessment, a process that was known to be vulnerable to fraud, was less reliable, and was an inefficient use of the CRA and CIC resources.

Citizenship representatives

Unscrupulous citizenship representatives have enabled hundreds of individuals to obtain citizenship through fraudulent means. As of October 2013, the Royal Canadian Mounted Police (RCMP) was investigating cases involving more than 3 000 Canadian citizens and 5 000 permanent residents. New measures in the SCCA, which provide the authority for the Minister to designate a body to regulate citizenship representatives and allow for information sharing on the professional and ethical actions of the representatives, will help decrease citizenship fraud and uphold the integrity of Canada’s citizenship program. To implement these new authorities, regulatory amendments are needed to share information with the body so it can govern or investigate the conduct of citizenship representatives, as well as to evaluate whether the body is governing its members in the public interest.

CIC partners and other government organizations

There are a number of key partners involved in administering and enforcing immigration, citizenship and passport programs, and delivering programs and services to Canadian citizens. For example, various lines of business within CIC involve the Canada Border Services Agency (CBSA) and Employment and Social Development Canada (ESDC); federal, provincial and territorial organizations responsible for delivering programs and services; and enforcement partners such as the RCMP. There is a need to clarify and make explicit the legislative authority for CIC to share personal information through its different business lines and with these partners. In the past, CIC has relied on the Privacy Act to support some information sharing. However, this has created uncertainty regarding what information can and should be shared, and has limited CIC’s ability to share information for the following purposes:

• to improve service and integrity across different lines of business responsible for CIC programs;
• to validate citizenship status for the delivery of federal, provincial or territorial programs and services;
• to proactively notify federal, provincial or territorial programs of changes in citizenship status; and
• to validate the identity or citizenship status of individuals for enforcement partners for enforcement or investigation purposes.

2. “Lost Canadians” and grants of citizenship for adopted persons

Citizenship renunciation for “lost Canadians”

A number of “lost Canadians” automatically acquire Canadian citizenship under the SCCA. However, without a regulatory change, the facilitative requirements for simplified renunciation that are applicable to the “lost Canadians” who acquired citizenship as a result of the 2009 amendments to the Citizenship Act would not apply to persons who automatically obtain citizenship under the SCCA and who do not wish to be Canadian citizens.

Citizenship grants for persons adopted before 1947

In line with extending Canadian citizenship to more “lost Canadians,” the SCCA also extends the adoption grant of citizenship to those adopted before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), by a parent who became a Canadian citizen on either of those dates. The Citizenship Regulations set out the factors decision-makers must consider in assessing whether an application for a grant of citizenship for adopted persons meets the requirements of the Citizenship Act. Without amendments, certain provisions did not apply to this new group.

Citizenship grants in the case of international adoptions

The SCCA imposes a new requirement for adopted persons applying for a grant of citizenship: the adoption must not have occurred in a manner that circumvented the legal requirements for international adoptions. Among other things, this measure is aimed at deterring illegal practices, such as child trafficking. However, without amendments, the Citizenship Regulations would not reflect the necessary factors for consideration to assist decision-makers in assessing whether or not adoptions conform to this new legislative requirement.

3. Accompanying persons at hearings with citizenship judges

The Citizenship Regulations provide that citizenship judges have the discretion to decide who can accompany an applicant at a hearing before them. However, some concerns have been raised regarding persons acting as interpreters or accompanying citizenship applicants at their hearing. These concerns include the following:

• the age of the individual acting as an interpreter;
• the lack of ability in English or French of the individual acting as interpreter; and
• the integrity of the program in cases where persons with citizenship applications in progress accompany an applicant or act as an interpreter and, therefore, gain an unfair advantage over other applicants by being privy to information about the application process that other applicants would not have access to.

4. Technical amendments recommended by the SJCSR

In addition to the new authorities that were introduced with the SCCA that require accompanying regulatory amendments, also included in this package are technical amendments proposed by the SJCSR as a result of its 2012 review of the Citizenship Regulations.

5. New enabling authorities granted in the SCCA

Changes made under the SCCA included giving the Minister of Citizenship and Immigration the ability to make regulations. Prior to this change, the regulation-making authority rested exclusively with the Governor in Council (GIC). Because the Minister and GIC both now have regulation-making authority, it is desirable for the Citizenship Regulations to be split into two separate instruments to ensure that the two distinct enabling authorities are more transparent and easily distinguishable.

As a result of the split of the Citizenship Regulations into two regulatory instruments, some technical amendments are necessary to ensure that both sets of regulations are properly aligned and that each instrument accurately reflects its underlying regulation-making authority.

Background

Comprehensive reform of the Citizenship Act was undertaken because the Act was more than 35 years old and required updating to deal with today’s challenges. More specifically, the lengthy processing times meant qualified applicants waited too long for citizenship. In addition, citizenship requirements did not reflect the true value of Canadian citizenship, and the citizenship program was vulnerable to fraud. Overall, the Citizenship Act did not adequately protect and promote Canada’s interests and values.

Upon royal assent, a number of provisions in the SCCA came into force, including fast tracking citizenship applications for members of the Canadian Armed Forces, improving clarity on the first-generation limit on citizenship for those born abroad, enabling children born abroad to serving Crown servants to pass on citizenship to their children born or adopted abroad, and streamlined decision making for issuing discretionary grants under subsection 5(4) of the Citizenship Act.

On August 1, 2014, additional provisions came into force, including the new decision-making process for citizenship applications, various measures to improve the efficiency of the application process, and a new judicial review and appeals process. The sections of the SCCA relating to the implementation of the revocation provisions, as well as the regulatory amendments that support those provisions, were brought into force at the end of May 2015.

The remaining provisions have now been brought into force. This includes provisions to give citizenship to more “lost Canadians,” strengthened residence requirements, a new intent to reside in Canada requirement, expanded age requirements for language and knowledge testing, a requirement to demonstrate knowledge of Canada in an official language, strengthened offences and penalties for fraud, prohibitions for foreign criminality and activities against national interests, and a new authority to designate a regulatory body for citizenship representatives.

Citizenship renunciation for “lost Canadians”

The SCCA builds on amendments to the Citizenship Act that were made in 2009 to restore or extend Canadian citizenship to individuals commonly known as “lost Canadians” — these are individuals who lost or never acquired citizenship status under former legislation. While the 2009 amendments restored or granted citizenship to most “lost Canadians”, the SCCA extends citizenship to additional “lost Canadians,” who were born before 1947 and who did not become Canadian citizens on January 1, 1947, when the Canadian Citizenship Act came into force. It also extends Canadian citizenship to their children born outside of Canada in the first generation.

When the Citizenship Act was amended in 2009, the Citizenship Regulations were also amended to allow certain persons who became Canadian citizens automatically to renounce (give up) their citizenship through a simplified renunciation process.

Citizenship grants for persons adopted before 1947

In 2007, a provision allowing for a grant of Canadian citizenship for persons born abroad and adopted by a Canadian citizen after February 14, 1977, was introduced in the Citizenship Act. This created a direct pathway to Canadian citizenship for adopted persons such that they did not need to first become permanent residents before being granted Canadian citizenship. In 2009, this grant of Canadian citizenship was extended to persons adopted by a Canadian parent on or after January 1, 1947.

In line with the provision extending citizenship to more “lost Canadians,” the SCCA extends access to the adoption grant provisions of the Citizenship Act to those adopted before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), by a person who became a Canadian citizen on either of those dates.

Citizenship grants in the case of international adoptions

Section 5.1 of the Citizenship Act outlines requirements that must be met in order for an adopted person to obtain a grant of Canadian citizenship. These requirements are generally consistent with the safeguards established in the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) and the United Nations Convention on the Rights of the Child (UN Convention), to which Canada is a party. For those countries that are party to it, the Hague Convention establishes legal and procedural safeguards for international adoption. The Citizenship Regulations in turn provide for factors that need to be considered in deciding whether the requirements under section 5.1 of the Citizenship Act are met.

The SCCA introduces a new requirement in the Citizenship Act such that an adoption must not circumvent the legal requirements for international adoptions. This is aimed at deterring illegal practices and at strengthening the integrity of the citizenship determination process, as well as Canada’s ability to meet its international responsibilities under the Hague Convention and the UN Convention.

Accompanying persons and persons acting as interpreters

Citizenship judges have the discretion to allow an applicant appearing before them to be accompanied by a person if it is in the interest of the applicant and the expeditious determination of the matter. In some cases, the person acts as an interpreter at the hearing. Guidelines pertaining to the use of interpreters specify that interpreters can be used in hearings with citizenship judges to assess requirements for a grant of citizenship, except for the language requirement. However, prior to this amendment, there were no specific guidelines in respect of the criteria that must be met by an individual accompanying an applicant and/or providing interpretation at a citizenship hearing.

Objectives

1. Information sharing

Information sharing related to use of the SIN

The objective of the amendments is to authorize CIC to collect the SIN and to verify information with the CRA for specific purposes, thereby strengthening program integrity and improving client service by enabling CIC to more quickly process straightforward citizenship applications and focus on more complex cases.

Further, in reviewing the tax filing history of citizenship applicants, CIC may encounter inconsistent or contradictory information that may raise concerns regarding compliance with citizenship eligibility requirements (i.e. tax and residency); however, CIC did not previously have the express authority to proactively advise the CRA of these types of concerns to improve the integrity of its programs. The amendments address this issue.

Information sharing related to citizenship representatives

The objective of the amendments is to ensure that citizenship representatives and their designated regulatory body are providing professional and ethical representation, which will help protect citizenship applicants from fraud and strengthen the integrity of the program.

Information sharing with CIC partners and other government organizations

The objective of the amendments is to clarify and strengthen the legal framework within which information sharing occurs within CIC and between CIC and the CBSA and ESDC, as well as with various federal, provincial and territorial organizations responsible for delivering programs and services, in addition to enforcement partners. This will help uphold the integrity of the immigration system as a whole and improve client service, both in the citizenship program and across the Government.

2. “Lost Canadians” and grants of citizenship for adopted persons

Citizenship renunciation for “lost Canadians”

The objective of the amendments is to extend the facilitative requirements for simplified renunciation set out in the Citizenship Regulations to persons who automatically obtain citizenship under the SCCA and who do not wish to be Canadian citizens. This is a necessary safety valve for those who may need to renounce citizenship quickly where automatic acquisition of Canadian citizenship may be problematic due to the laws of other countries.

Citizenship grants for persons adopted before 1947

The objective of the amendments is to extend the requirements of the Citizenship Regulations to those who benefit from the adoption grant of citizenship under the SCCA, thus bringing the Citizenship Regulations in line with the legislative amendments.

Citizenship grants in the case of international adoptions

The objective of the amendments is to ensure that the Citizenship Regulations clearly reflect factors to help decision-makers assess whether the new SCCA requirement for adopted persons applying for a grant of citizenship is met. This will increase transparency and strengthen the safeguards for adopted children and the integrity of the citizenship program.

3. Accompanying persons and persons acting as interpreters

The objective of the amendments is to provide citizenship judges with clear criteria for the use of accompanying persons and those acting as interpreters. This will provide greater transparency to all citizenship applicants and help ensure procedural fairness, while also strengthening the integrity of the citizenship process.

4. Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

The objective of the amendments is to comply with the recommendations of the SJCSR by addressing technical errors and inconsistencies identified by the SJCSR.

The recommendations include

• Ensuring consistency between English and French; and
• Amending language where more appropriate and/or more precise language was deemed necessary.

5. New enabling authorities granted in the SCCA

The objective of the amendments is to implement the decision to split the Citizenship Regulations (as they existed immediately prior to amendment) into two instruments, such that all the provisions that fall under ministerial authority granted under section 27.2 of the Citizenship Act are repealed (i.e. removed from the Citizenship Regulations) and now appear in a separate instrument, and necessary consequential amendments, such as the renumbering of remaining provisions, are made.

Description

1. Information sharing

Information sharing related to use of SIN

The amendments provide CIC with the authority to collect the SINs of citizenship applicants as part of their application for citizenship, and, with the consent of the applicant, authorize CIC to directly verify the tax filing history and residency information of citizenship applicants through the CRA’s secure Income Verification Program. This would be similar to arrangements the CRA already has in place with other federal, provincial and territorial organizations.

The amendments also give CIC the authority to share with the CRA case information on applicants’ tax filings. The amendments limit information sharing with the CRA to relevant information related to any discrepancies between the information obtained from the applicant and provided by the CRA in cases where CIC has reasonable grounds to believe that the discrepancy is a result of false representation, fraud or concealment of material circumstances. The disclosure of information can include the SIN, but will be limited to the information that the CRA is authorized to collect.

Information sharing related to citizenship representatives

The amendments require the body designated to govern citizenship representatives to provide an annual package of documents for use in assessing its effectiveness and viability no later than 90 days following the body’s fiscal year end. They also give the Minister the authority to require information from the governing body within 10 business days after receipt by the designated body of a ministerial notice if it appears that the ability of the designated body to govern its members in a manner that is in the public interest has been compromised. The types of information that will be required could include annual reports and financial statements, information about the board of directors and executive committees, the by-laws and rules that govern the conduct of its members and membership, and other prescribed information that would permit the Minister to evaluate whether or not the designated body governs its members in the public interest.

Furthermore, the amendments permit CIC to disclose information to a body or individual that will be responsible for governing or investigating conduct to ensure that authorized paid representatives are offering professional and ethical representation and advice to persons in connection with applications and proceedings. Thus, information could be disclosed whenever the conduct of one of its members is likely to constitute a breach of that person’s professional or ethical obligations. Examples of such conduct include making false promises to an applicant or providing false information to clients about Canada’s citizenship processes. The privacy interests of the applicant and the representative will be balanced with the need to protect program integrity by establishing clear authority and parameters for the disclosure of personal information.

Information sharing with CIC partners and other government organizations

Information sharing between CIC lines of business and with key partners responsible for CIC programs: The amendments authorize CIC to disclose citizenship information within the Department and with key partners (i.e. the CBSA and ESDC) that are also responsible for administering, investigating and enforcing the Immigration and Refugee Protection Act (IRPA) and the laws respecting passports and other travel documents. This will authorize the sharing of information on citizenship program clients for the purposes of program integrity, program administration, investigations, enforcement, and ameliorating client service.

Validation of citizenship status by other government organizations: The amendments expressly authorize CIC to disclose citizenship status information to provinces, territories, and federal departments to determine eligibility for a program or an entitlement that falls under their mandate. Information would only be shared for the purposes set out above, and only once an agreement or an arrangement has been established between CIC and the identified partner.

Disclosure of information related to change in citizenship status and for administration and enforcement purposes: The amendments expressly authorize CIC to proactively notify partners of a change of citizenship status information. Current and former clients will be identified through a set of data elements. Only information required to identify an individual will be shared with departments and agencies that have an agreement or arrangement with CIC to validate the status of clients. The amendments also expressly authorize CIC to disclose additional case information pertaining to instances of fraud that have led to a change in citizenship status, to allow partners to reassess an individual’s eligibility for benefits or entitlements. Information will only be shared for the purposes set out above, and only once an agreement or an arrangement has been established between CIC and the identified partner.

These amendments expressly authorize CIC to verify the citizenship status and/or the identity of current or former citizenship clients of the Department on behalf of enforcement partners for their investigation purposes.

Removal of the collection provision following prepublication in the Canada Gazette, Part I

The proposed Regulations had initially included a provision to expressly allow CIC to collect personal information, for the purpose of program administration or the enforcement of IRPA, from the RCMP, any municipal or provincial police force or any other investigative body with which the Department has entered into an arrangement or agreement for the collection of this information. The intent of the collection provision was to make more explicit this existing authority, particularly where organizations disclosing the information to CIC require more explicit authority. However, following prepublication of the proposed Regulations in the Canada Gazette, Part I, it was determined that the Regulations may be too narrow in scope to reflect the intended purpose of the provision. For example, limiting the provision to enforcement and investigative bodies would not have included some of the provincial organizations from which CIC may need to collect information as part of a large-scale fraud investigation. As a result, further review and any necessary consultation of this provision will be undertaken before CIC proceeds with these Regulations. In the meantime, CIC will continue to rely on the Privacy Act to collect information for the purposes of administering citizenship programs pursuant to the Citizenship Act.

2. “Lost Canadians” and grants of citizenship for adopted persons

Citizenship renunciation for “lost Canadians”

The amendments extend the facilitative simplified renunciation requirements to persons who automatically acquire Canadian citizenship under the SCCA and who do not wish to be Canadian citizens. This process, as provided in the ministerial regulations, will be available only to persons who are Canadian citizens described in paragraphs 3(1)(k) to 3(1)(r) of the Citizenship Act or who are citizens under paragraph 3(1)(b) as a result of having a parent who is a citizen found under paragraphs 3(1)(k) to (n). These paragraphs include the following persons:

• those who were born or naturalized in Canada before 1947, who subsequently lost their British subject status, and who did not become citizens on January 1, 1947;
• British subjects ordinarily resident in Canada prior to 1947 who did not become citizens on January 1, 1947; and
• children born outside Canada in the first generation to any parent who was born, naturalized or a British subject ordinarily resident in Canada prior to 1947.

Citizenship grants for persons adopted before 1947

The amendments modify the Citizenship Regulations to clarify that the factors for consideration provided also apply to persons adopted before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador).

The amendments add a provision to indicate that, for greater certainty and clarity, certain references to the term “Canada” apply to the whole of Canada and are not restricted to the provincial and territorial composition of Canada as it existed before January 1, 1947. The amendments also indicate that, for greater certainty and clarity, certain references to “provincial” also include Newfoundland and Labrador.

Citizenship grants in the case of international adoptions

The amendments clarify the factors to be considered by decision-makers in assessing whether or not an adoption respected the legal requirements for international adoptions when making a decision with respect to an application for a grant of citizenship in the case of an adopted person. Specifically, the Citizenship Regulations are amended to better describe the circumstances in which the Minister shall determine whether the requirements of the Citizenship Act have been met and provide a revised, non-exhaustive set of factors to be considered within each set of circumstance. For example, in the case of an international adoption that has occurred in Canada and is subject to the Hague Convention, one of the factors for consideration by an officer, among other factors, is whether the competent provincial or territorial authority responsible for international adoptions has provided a written statement as to whether or not the adoption conforms to the Hague Convention and that it does not object to the adoption. Similarly, in the case of an international adoption that has occurred abroad and is subject to the Hague Convention, one of the factors of consideration is whether the competent authorities responsible for international adoptions in the sending and receiving countries have stated in writing that the adoption conforms to the Hague Convention and that they do not object to the adoption.

In the case of international adoptions not subject to the Hague Convention, the amendments include factors for consideration, such as whether the competent authority responsible for international adoptions has stated in writing that it does not object to the adoption if the adoption occurred in Canada. For non-Hague adoptions that occurred abroad, one of the factors for consideration would be whether the competent authority of the country of intended destination has stated in writing that it does not object to the adoption. Other factors include but are not limited to whether the child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption and whether there is evidence of child trafficking.

Minor adjustments have been made further to feedback received from a provincial stakeholder on the prepublished version of the regulatory amendments to more accurately reflect the process for adult adoptions. Specifically, the Citizenship Regulations have been adjusted in the section pertaining to adult adoptions that have occurred in Canada to indicate that CIC will be seeking a letter of no-objection from a “competent authority of the province” rather than “the provincial authority responsible for international adoption.” This is due to the fact that provincial authorities responsible for international adoption are not always involved in adult adoptions.

Additionally, following prepublication of the regulatory amendments, minor adjustments have been made to include the legal parent or parents’ “free and informed consent” to the adoption of their child, in writing, as a factor for consideration for non-Hague adoptions that have occurred in Canada. This will help ensure consistency with the factors considered for grants of citizenship in non-Hague adoption cases that occurred abroad.

3. Accompanying persons and persons acting as interpreters

The amendments add criteria to limit who can accompany an applicant at a hearing before a citizenship judge and/or act as an interpreter, while ensuring flexibility in exceptional cases. The amendments are as follows:

• Prevent an accompanying person and/or a person acting as an interpreter from attending a hearing if that person also has a citizenship application in progress (starting from the time the person has sent his or her application to CIC until the citizenship oath is taken);
• Specify that, if the accompanying person will be acting as an interpreter, he or she must be at least 18 years old and have sufficient knowledge of either English or French to be able to communicate with the judge and understand the judge’s questions; and
• Provide judges with the authority to waive the abovementioned criteria in limited circumstances, except the criteria to have adequate knowledge of English or French, where these criteria would impose undue hardship on the applicant.

4. Standing Joint Committee for the Scrutiny of Regulations

The amendments are as follows:

• Revise the French wording equivalent to “child trafficking” to “traite d’enfants” to align with the English wording and the Hague Convention on Adoption;
• Revise the French wording from “renonciation” to the correct term “répudiation;”
• Adjust the English wording to match the French with regard to where the certificate of citizenship should be forwarded if the oath is to be taken outside of Canada; and
• Adjust the wording related to the Registrar’s exercise of powers with respect to the surrendering of citizenship certificates. Specifically, the Registrar “may” has been changed to the Registrar “shall;” and the Registrar “is of the opinion” has been changed to the Registrar “becomes aware.”

5. New enabling authorities granted in the SCCA

The SCCA granted the Minister the authority to make regulations regarding evidentiary application requirements as well as certain processes related to applications, such as the manner in which and the place at which applications are to be made. Consequently, the (former) provisions of the Citizenship Regulations that now fall under the Minister’s authority have been repealed by these amendments and moved into the Citizenship Regulations, No. 2.

The repealed (i.e. moved) regulations include those related to

• applications for grants of citizenship, including grants for minors, adults and adopted persons;
• applications for citizenship renunciations, with the exception of the facilitative requirements and waiver authority for the simplified renunciation process, which remain under GIC authority;
• applications for resumption of citizenship;
• applications for citizenship certificate or proof of citizenship; and
• certain procedures with respect to the replacement, surrender and cancellation of citizenship certificate.

In addition, some provisions related to outdated administrative processes are being repealed in their entirety as they are obsolete. In addition, the language of one subparagraph of the simplified renunciation process has been adjusted slightly to harmonize the terminology in the French version of the Citizenship Regulations with that of the Citizenship Act. Finally, the subsections within the adoption provisions have been renumbered.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these regulatory amendments, as there are no changes in administrative costs to businesses.

Small business lens

The small business lens does not apply to these regulatory amendments, as they impose no costs on small businesses.

Consultation

The SCCA received widespread media coverage during the legislative process in Parliament; generally, this coverage was neutral to positive. The overall response to the SCCA from Canadians, both those who were born here and those who immigrated to Canada, has been largely supportive, particularly with respect to provisions to improve the efficiency of the citizenship process and those relating to “lost Canadians.”

Draft Regulations were prepublished in the Canada Gazette, Part I, on February 28, 2015, for a 30-day comment period. Some media coverage regarding the information-sharing provisions occurred when the regulatory amendments were prepublished, including at least one article which was critical of the increased authorities for information sharing and collection in general.

1. Information sharing

With respect to information sharing, a concern was expressed that the provision authorizing the sharing of citizenship information with CBSA could potentially lead to increased cessation of refugee status in Canada for some permanent residents who came to Canada as refugees.

It should be noted that CIC needs to be able to share information with CBSA, which is responsible for administering, investigating and enforcing the IRPA and the laws respecting passports and other travel documents. This provision, which provides clear authority for CIC to share citizenship information with CBSA, is intended to improve program integrity as well as client service.

It should also be noted that the Office of the Privacy Commissioner has been engaged on these Regulations amendments overall, including those related to information sharing, and will continue to be engaged as CIC proceeds with implementation.

No comments were received on any other element of the information sharing provisions.

2. “Lost Canadians” and grants of citizenship for adopted persons

With respect to international adoptions, some provincial stakeholders expressed concern that the amendments could compel them to provide a letter of no-objection in cases of privately arranged international adoptions, particularly when they have not been involved.

However, it should be noted that the letter of no-objection is listed as one of several factors to be taken into consideration by decision-makers, and the amendments do not compel competent authorities to provide one, particularly if they have not been involved in an adoption.

Additionally, one provincial stakeholder requested that the amendments be clarified to more accurately reflect the role of the provincial authorities in most adult adoption cases. Further to this feedback, minor adjustments were made to the amendments to more accurately reflect the role of the provincial authorities with respect to adult adoptions that have occurred in Canada.

3. Accompanying persons at hearings with citizenship judges

With regard to the change related to accompanying persons and/or persons acting as interpreters, the Citizenship Commission was consulted at different stages of the process to identify and discuss the issues that judges have encountered during citizenship hearings, as well as to determine the criteria that should be defined in the Citizenship Regulations to solve these issues. The Citizenship Commission supports these amendments. No additional comments were received with respect to this regulatory amendment during the prepublication period.

4. Standing Joint Committee for the Scrutiny of Regulations

No comments were received with respect to the changes recommended by the SJCSR during the prepublication period.

5. New enabling authorities granted in the SCCA

Consultations were not conducted with respect to the repeal of the provisions that now fall under ministerial authority as these amendments are purely technical, reflecting the division of regulation-making authority now set out in legislation, and are in respect of provisions that are no longer under GIC authority. During the legislative process, some stakeholders expressed general criticism that the SCCA gives the Minister increased power, particularly with respect to citizenship revocation; however, no comments were received specifically in relation to the Minister’s regulation-making authority.

Rationale

These regulatory amendments support the implementation of the remaining provisions of the SCCA that have now been brought into force.

While there will be some transitional costs to Government, the costs for these regulatory proposals are considered low. The regulatory amendments are expected to cost just over half a million dollars to implement over the course of the next 10 years and costs are related to implementation activities, including updating manuals, application kits, guidelines, Web pages and information technology (IT) systems, and training officers. These costs will be absorbed into existing operations.

1. Information sharing

The benefits stemming from the regulatory changes related to information sharing include improved client service as a result of greater use of electronic verification of information between organizations and clearer authorities to share information within CIC and with other departments responsible for administering programs under the IRPA and delivering passport services. The Regulations will also help ensure transparency by indicating the purposes for which information collected under the citizenship program could potentially be used.

2. “Lost Canadians” and grants of citizenship for adopted persons

Amendments related to “lost Canadians” will ensure that the Citizenship Regulations are aligned with the changes introduced in the SCCA, in particular by extending the requirements for a grant of citizenship to an adopted person to those who are now eligible for this type of grant as a result of the SCCA, as well as extending the facilitative simplified renunciation requirements to additional “lost Canadians” who automatically acquired citizenship under the SCCA. The amendments related to grants of citizenship for adopted persons will also assist decision-makers in better assessing whether or not an adoption conformed to the legal requirements for international adoptions.

3. Accompanying persons at hearings with citizenship judges

Amendments related to accompanying persons and interpreters will provide judges with clear criteria in order to assist them in exercising their discretion in this area, and will also provide for greater transparency to all citizenship applicants, while strengthening the integrity of the citizenship process.

4. Standing Joint Committee for the Scrutiny of Regulations

The minor inconsistencies and errors identified by the SJCSR are corrected by the technical amendments.

5. New enabling authorities granted in the SCCA

The amendments related to the new enabling authorities under the SCCA are technical and necessary to ensure that the Citizenship Regulations reflect the division of regulation-making authority now set out in legislation, that the Citizenship Regulations properly align with the new ministerial regulations, and that each instrument accurately reflects its underlying regulation-making authority.

Implementation, enforcement and service standards

Necessary implementation measures, including the training of staff, will be funded out of existing resources. Implementation requires updates to program delivery instructions and manuals, application kits, guidelines, IT systems and Web pages. Information-sharing agreements will be developed as required to implement the regulatory amendments pertaining to information sharing. These agreements will set out the nature of the information that will be shared and the safeguards that will be put in place, as well as the means by which information will be protected and used. As well, a privacy impact assessment is currently being conducted, and will be updated as required, to ensure that appropriate measures to safeguard protected information and the privacy interests of applicants are identified and applied.

Contact

Teny Dikranian
Director
Legislation and Program Policy Division
Citizenship and Multiculturalism Branch
Citizenship and Immigration Canada
180 Kent Street
Ottawa, Ontario
K1A 1L1
Fax: 613-991-2485
Email: citizenship-citoyennete@cic.gc.ca

• Footnote a
  S.C. 2014, c. 22, s. 25
• Footnote b
  R.S., c. C-29
• Footnote c
  S.C. 2014, c. 22, s. 18
• Footnote d
  S.C. 2007, c. 24, s. 3
• Footnote e
  S.C. 2008, c. 14, s. 12(4)
• Footnote f
  S.C. 2014, c. 22, s. 24(5)
• Footnote g
  S.C. 2014, c. 22, s. 24(5)
• Footnote h
  R.S., c. C-29
• Footnote 1
  SORS/93-246; SOR/2009-108, s. 1