Order Extending the Application of Section 14 of the Citizenship Act: SI/2023-24
Canada Gazette, Part II, Volume 157, Number 15
Registration
SI/2023-24 July 19, 2023
CITIZENSHIP ACT
Order Extending the Application of Section 14 of the Citizenship Act
Whereas, by the Order Extending the Application of Section 14 of that Act for a Period of Five Years footnote a, the Minister of Citizenship and Immigration, under subsection 28.1(1)footnote b of the Citizenship Act footnote c, extended the application of section 14footnote d of that Act for a period of five years, ending on July 31, 2024;
And whereas, under subsection 28.1(2)footnote b of that Act, the Minister may, before the expiry of each extended period, extend the application of section 14footnote d for up to five years;
Therefore, the Minister of Citizenship and Immigration, under subsection 28.1(2)footnote b of the Citizenship Act footnote c, extends the application of section 14footnote d of that Act until July 31, 2027.
Ottawa, June 27, 2023
Sean Fraser
Minister of Citizenship and Immigration
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to his subsection 28.1(2) Citizenship Act (the Act) authority, the Minister of Immigration, Refugees and Citizenship Canada (the Minister) is extending the decision-making role of citizenship judges for a period of three years. The decision-making role of citizenship judges will cease on July 31, 2027, unless further extended by the Minister before that date.
Objective
Where citizenship applicants do not clearly demonstrate that the physical presence requirement has been met, section 14 of the Act requires the case to be referred to and determined by a citizenship judge. The extension of the decision-making role of citizenship judges is intended to allow them to continue with this work.
Background
Citizenship judges currently have three roles: presiding at citizenship ceremonies; conducting promotional activities; and making residency decisions on grant applications. Section 14 of the Act, which came into force August 1, 2014, authorizes citizenship judges to both resolve the inventory of cases involving multiple residence tests, as well as to make determinations in respect of the physical presence requirement. This decision-making role was legislated to sunset automatically on July 31, 2019, and was subsequently extended by the Minister, pursuant to subsection 28.1(1) of the Act, until July 31, 2024. Subsection 28.1(2) allows the Minister to extend the decision-making role of citizenship judges for an additional period of up to five years and, through this ministerial Order, he is exercising that authority. Once this ministerial Order is in effect, the decision-making role of citizenship judges will cease on July 31, 2027, unless further extended by the Minister before that date.
Implications
The extension of the decision-making role of citizenship judges is not anticipated to result in any financial, environmental, economic, social, legal, or federal/provincial/territorial concerns.
Consultation
The authority to extend the decision-making role of citizenship judges was examined in the context of Bill C-24, the Strengthening Canadian Citizenship Act, which received royal assent on June 19, 2014, and no concerns were raised.
Contact
Requests for additional information may be directed to
Uyen Hoang
Senior Director
Legislation and Program Policy
Immigration, Refugees and Citizenship Canada
180 Kent Street, 6th Floor
Ottawa, Ontario
K1A 1L1
Email: IRCC.CITDGO-BDGCIT.IRCC@cic.gc.ca