I,

Citizenship and
Immigration Canada

CitoyennetO et
immigration Canada

Communications Key Messages

Citizenship Legislative Reform
Issue: Legislation to amend the Citizenship Act will be introduced February 25, 2016
These key messages are to be used to answer questions about this legislation.
Specifically, the proposed amendments would:
repeal the new grounds for citizenship revocation based on actions against the
national interest;
repeal provisions related to the intent to reside requirement;
amend the physical presence requirement to the equivalent of three years within
the five years preceding the application;
repeal the requirement to be physically present in Canada for 183 days in four of
six years immediately before applying for citizenship;
allow for non-permanent resident time to count towards meeting physical
presence requirements;
amend the age range required to demonstrate language and knowledge ability;
and,
undertake some amendments to further enhance program integrity.
Key messages:

Our commitment is to a Canada that is both diverse and inclusive.

Proposed amendments would repeal, in their entirety, provisions of the Citizenship

Act that allow citizenship to be revoked from dual citizens engaged in certain acts
against the national interest. These revocation grounds only apply to those with dual
or multiple citizenship.

The ability to revoke citizenship where it was obtained by false representation, by

fraud or by knowingly concealing material circumstances would remain in place.

Changes being proposed to the Citizenship Act will not compromise the security
of Canadians. The Government is committed to protecting the safety and security
of Canadians, and will continue to act to counter threats to Canada, its citizens and
its interests around the world.

Bill C-XX proposes to repeal the intent to reside requirement from the Citizenship
Act. The provision created concern among some new Canadians, who feared their
citizenship could be revoked in the future if they moved outside of Canada.

The changes will also provide for greater flexibility for applicants to meet the
requirements for citizenship and to help immigrants achieve citizenship faster.

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The
encourages all imtriigrants totakethe path to flillinembership and
peinai1ent belonging in Canadian society. On of the strongest pillars for successful
iiitegration into Canadian life is achieving Canadian citizenship.

Changes proposed in Bill C-XX would help immigrants become oilizens sooner by
reducing by a year the lime permanent residents mist be physically present in Canada
before qualifying for citizenship The proposed amendment would reduce the
physical presence requirement to three out of five years before the date of application
from the current four Out of six years.

The Bill proposes to repeal the supplemental physical presence requirement that
citizenship applicants be physically present in Canada for 183 days in each of the 4
out of 6 years before applying. Keeping it would not allow applicants to fully benefit
from the shorter physical presence or the new non- permanent resident time credit.

Recognizing that immigrants often begin building an attachment to Canada before

becoming permanent residents Bill O)OC i also proposing to allow applicants to
receive credit for the time they wcc legally in Canada before becoining permanent
residents This change is mtended to help attract international students and
experienced workers to Canada.

Bill C-XX proposes to amend the age range of those required to meet language and
knowledge requiremes from 14-64 to those aged 1 8-4 removing a potential barrit
to citizenship for applicants in both the younger and older age groups.

Bill C-XX proposes a series of amendments that will further enhance program
integrity.

The proposed program integrity masures involve: including time spent serving
conditional sente ecs as time ineligible to count toward meeting physical presence
requirements for citizenship and as a prohibition to being granted othzpship and
taking the oath of cffizenship rendering the provision requiring all citize*hip
applicants to maintain their eligibility up until taking the Oath of Citizenship
appkcable to all apphcons regardless of when they were received, and providing
clear authority for the Minister to seize frauthlent
provided to IRCC in
relation to various citizenship lines Of business.

The Government of Canada is unwavering in its commitment to protect the safety and
security of Canadians. It will continue to take appropriate action to counter terrorist
threats to Canada, its citizens and its interests around the world. Pubiic Safety
Message)

Additional reactiye messaging related to security:

Bill C-XX proposes to restore the citizenship of anyone who lost their citizenship as a
result of the national interest grounds for revocation. Any individUals who lost their
citizenship under the new grounds would have it automatically restored, by operation

A-201 5-37668-000012

3
of law.

Canadas commitment to diversity and inclusion is an essential, powerful, and

ambitious approach to making Canada, and the world, a better, and safer place.

Facts on the issue

In the context of the recent election and publication of Ministerial mandate letters, the
Government has committed to make changes to the Citizenship Act to repeal certain
provisions brought in via C-24 and to restore some citizenship requirements that were
removed by the C-24.
The Citizenship Act has been amended three times since 2005.

Bill C-14: international adoptees came into force December 2007,

Bill C-37: Lost Canadians, also established the first generation limit, came into
force April 2009.
Bill C-24: Strengthening Canadian Citizenship, received Royal Assent in June
2014 with staggered Coming into force provisions between then and June 2015.

Subject Matter Expert:

Teny Dikranian, Director of LPP.

Prepared by:
Kathy Cook

Reviewed by:
Cit Policy, Cit Program, Legal, Anna
Arneson, Timothea Gibb

Last updated:
2016-01-27

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Questions and Answers

Citizenship Legislative Reform

Issue: Proposed amendments to the Citizenship Act are underway and expected to be
introduced in February 2016. These Questions and Answers are for use after introduction
of the bill.

1. Why is the Government making these changes?

The proposed changes to the Citizenship Act would remove the recent amendments that
led to different treatment for dual citizens. They will also provide for a higher degree of
flexibility for applicants to meet the residency requirements for citizenship, while further
enhancing program integrity. These proposed amendments support the Governments
goal of making it easier for immigrants to build successful lives in Canada, reuniting their
families and contributing to the economic success of all Canadians.
2. Why are you making Citizenship easier to obtain?

The Govenunent wants to encourage immigrants to take the path to full membership and
permanent belonging in Canadian society, by obtaining Canadian citizenship more
quickly. As immigrants who become Canadian citizens also tend to achieve more
economic success, this is good for all Canadians. The proposed legislative changes will
allow for greater flexibility for applicants to meet citizenship requirements, thereby
also helping to foster a sense of belonging and connection to Canada.
3. Why repeal the national interest grounds for citizenship revocation? What
message does this send regarding international security and anti-terrorism?

The Government is committed to ensuring that Canada does not have two-tier citizenship.
The Government of Canada remains unwavering in its commitment to protect the safety
and security of Canadians. Conflicts abroad continue to shape the nature of the terrorist
threat to Canada. The Government of Canada will continue to take appropriate action to
counter terrorist threats to Canada, its citizens and its interests around the world.
People who commit crimes in Canada will face the Canadian justice system.
4. What are the Citizenship Revocation grounds you are proposing to repeal?
Proposed amendments would repeal, in their entirety, provisions of the Citizenship Act
that allow citizenship to be revoked from Canadians who engaged in certain acts against
the national interest. These revocation grounds only apply to those with dual or multiple
citizenship and include convictions for certain terrorism, treason, high treason, or spying

A-201 5-37668-0000 14

2
3 depending on the sentence received; and having served as a member of in
offences
armed force of a country or organized armed group engaged in armed conflict With
Cai:.ad.
5. Do these changes repeal the abithy to revoke citizenship for fraud?
No, The ability to revoke citizenship where it was obtained by false representation, by
fraud or by knowingly concealing material circumstances will remain in place. The
Minister would continue to have authority to revoke citizenship in basic fraud cases,
such as identity and residence fraud (which constitute the majority of cases), and the
Federal Court would continue to have authority to revoke citizenship in cases where the
fraud is in relation to concealing serious inadmissibilities concerning security, human or
international rights violations, war crimes, and organized criminality. The ability to
revoke citizenship where it was obtained by fraud has been in place since the first
Canadian Citizenshzp Act came into force in 1941.
6. Why restore the citizenship of a cOnvicted teiroiist and membcr of the
TOront 18?
The Goyernment does not support revocation provisions thgt have a different impact on
dual citizens, and is therefore proposing to festore the citizenship of anyone who lost
their citizenship because of those provisions. Canadians wiio commit crimes should face
the consequences for these crimes through the Canadian justice system.
.

Why repeal the Iiitent to Reside provision?

Under current law, adult applicants are expected to indicate on their citizenship
application that they intend to continue to reside in Canada if granted citizenship and hold
this intention fiom the time they submit their application to the time they take the oath of
citizenship. The provision created opncem among some new Canadians, who feared their
citizenship could be fevoked in the future if they moved outside of Ca ada, For example,
some new Canadians whose work requires them to live abroad for extended penods may
feel that their declaration of an intent to reside in Canada could negatively affect their
ability to work abroad as Catiadlans. The Government made a commitment to repeal it.
Ftirthermore, the intent to reside reqjjirement would be deemed to have never applied to
applicants who made an application and were granted citizenship after June 11,2015,
which is -when the intent to reside declaration was first added to citizenship applications
3
8. Has anyone been denied citizenship based on the intent to reside
requirement?
No applications have been refused due to the applicants lack of intention b reside in
Canada.
In cases where applicants left the intent to reside declaration blank or stated they do not
mtend to reside in Canada, the application-would have been returned as incomplete The
applicant would have the choice to provide the missing information or request a refund.

A-201 5-37668-000015

3
If pressed: As of January 23, 2016, 210 applications had been returned where the client
did not complete the intent to reside section. As well, 11 applicants indicated on their
citizenship application that they did not intend to reside in Canada.
9. What impact will repealing the intent to reside have on measures that were
taken to prevent citizenship of convenience?

Fostering an attachment to Canada and deterring citizenship of convenience is a priority

for the government. The Citizenship Act has and will continue to have several measures
that contribute to deepening attachment to Canada, deterring citizenship of convenience,
ensuring program integrity and combating fraud. These include the physical presence and
tax filing requirements, strong penalties related to fraud and misrepresentation,
prohibitions for criminal activity, and the regulation of consultants.
10. Why didnt the Government simply repeal everything in C-24?

The amendments to the Citizenship Act in C-24 included some changes to the Act that
improved program efficiency and enhanced program integrity. As such, the Government
is not proposing a straight repeal of all measures contained in C 24.
11. Why are you allowing non-PR Time to count for the Physical Presence
Requirement?

With respect to residence requirements, C-24 replaced the residence requirement with a
physical presence requirement, but removed the ability for a person to count time in
Canada prior to becoming a permanent resident towards meeting the residence
requirement for citizenship. Before the 2015 changes, every day that a person resided in
Canada before becoming a permanent resident could be counted as a half-day toward
meeting the residence requirement for citizenship, up to a maximum of one year. Under
the proposed change, all individuals applying for citizenship who benefit from the half
time credit for time spent in Canada before becoming a permanent resident, would still
need to be physically present in Canada for two years as a permanent resident before
being eligible for citizenship.
The proposed changes support the Governments goal of making it easier for immigrants
to build successful lives in Canada, reuniting their families and contributing to the
economic success of all Canadians. The time credit could further encourage skilled
individuals to come to Canada to study and/or work and benefit groups such as protected
persons and parents and grandparents on visitors visas.
12. Why are you reducing the physical presence requirement?

Recent changes replaced the previous Canadian residence requirement of three years
within the past four years with a requirement to be physically present in Canada for 1,460
days (equivalent to four years) within the six years immediately preceding the date of
application for citizenship.
The Govermnent is proposing to adjust the physical presence requirement for an adult
grant of citizenship to 1,095 days (equivalent to three years) within the five years
A-201 5-37668-000016

immediately preceding the application. This shortened durafion would meafi applicanis
could apply for citizenship one year earlier than. under the current recjuiremenl. This
supports the Governments goal ofincreasing flexibility and making it easier for
immigrants to build successful lives in Canada, reunite their families and coniribute to the
economic success otI[ Canadians. -The fye year windbw in which to accumulate three
years ofphysical presence also proyldes gfeater flexibility for those who are abset from
Canada during the fiye-year qualifying period for work or personal reasons.
13. Why eliminate the 183 Days of Physical Presence Requirement?

The Strengthening Canadian Citizenship Act introduced two separate physical presence
requirements: a requirement to be physically present in Canada for four years in the six
years before applying for citizenship, and a requirement to be physically present for 183
days in Canada during each ofthose four years.
With the proposed change in the physical presence requirement to four years and the
proposed amendment to introduce anon-PR credit, the mechanics of the 183 day hysiual
preence requirement means that applicants would not be able to fully benefit fioffi these
changes. For example, with respot to the non- permanent resident time half-time credit
towards physical presence, a citizenship applicant whose past one year physical presence
is halved, givig them a credit of 182 days on 364 days of physical presence, wo]
therefore never meet the 183 day requirement in aay calendar year outside of a leap year,
even if they had no absences at all during that calendar year.
14. Why are you modifying the age range for Language and Kiowledge
Requirements?

Evidence has shown that language proficiency is important to successful integratioh and
participation in sooity for future citizens,
C-24 jc1uded amendments requiring applicants aged 14 to 64 to meet language and.
knowledge re4uirements. Previously, these requirements only applied to applicants aged
18 to 54. This change has increased the burden foi applicants in the expanded age group.
In particular, newcomers oyer 55 are more likely to have greater difficulty with language
acquisition and tesMaking. For this age groiip language acquisition and knowledge of
Canada would contije to be supported through a wide variety of integration services
ayailable to them. For minor applicants, these ojjtoomes would be achieved through
schooling in Canada.
15. What are the other changes?

Other amendments are proposed to further enhance program integrity.

Conditional Selences: The proposed change would include concitionai sentence

orders in some prohibitions provisions of the Citizenship Act, and ensure the
amendments apply to both new applications and those in the inventory.

Currently, theAct pfohibits a person under a probation order, on parole or

incarcerated in a penitentiary, jail reformatory or prison from counting that time
A-201 5-37668-000017

5
towards meeting the physical presence requirements for citizenship and from being
granted citizenship or taking the oath of citizenship. However, the provisions do not
currently capture conditional sentences (i.e. sentences served in the community with
certain conditions) served in Canada. As such, an applicant who is sentenced to a
conditional sentence order is not prohibited from counting that time towards meeting
the physical presence requirements for citizenship and from being granted citizenship
and taking the oath of citizenship. These amendments would change that.
Maintaining requirementsfor citizenship until Oath taking: The SCCA introduced
a specific provision prohibiting applicants from taking the oath of citizenship if they
never met or no longer meet the requirements following a decision to grant
citizenship. Prior to this, there was no statutory authority to prevent an applicant from
taking the oath where they no longer met a requirement for citizenship between the
time the grant decision was made and the taking of the oath, which is typically to 2-3
months. However, the provision only applies to applications received after June 11,
2015, when the SCCA came into force, and not to applications received before that
date.

The proposed change would require all applicants to meet the requirement of
citizenship until they take the Oath, regardless of when their application was received.
Therefore this provision would apply to all applications stiLl in the inventory.

Ability to Seize Documents: Unlike existing authorities under the Immigration and
Refugees Protection Act (IRPA), there is no clear authority for citizenship officers to
seize fraudulent documents under the Citizenship Act. Because of this, citizenship
officers rely on immigration or Canada Border Services Agency officers to seize
fraudulent documents, who are only able to seize documents using their IRPA
authority if these documents have an impact under IRPA.

including an authority in the Citizenship Act to allow for the seizure of documents
provided during the administration of the Act, including during in-person
interviews/hearings would strengthen the Citizenship Act and would allow officers to
carry out investigations and prevent further use of fraudulent or suspected fraudulent
documents.

Subject Matter Expert:

Teny Dikranian, Director of LPP
Prepared by:
Kathy Cook

Reviewed by:
DG Cit Policy, DG Cit Program
Delivery, Legal

Last updated:
Feb. 1, 2016

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II

Immigration, Refugees
and Citizenship Canada

(Daiiac1

Immigration, Rtugios
et Citoyennet Canada

BACKGROUNDER
An Act to amend the Citizenship Act:
A comparative view of proposed amendments

Cllritc4d
-1

I,

Authority to revoke citizenship

for certain

L4Lcr

e4Me

Repeal national interest

acts against the

grounds t Royal Assent

for revocation

national interest of Canada.

These grounds include
convictions of terrorism, high
treason, treason or spying
offences, depending on the
sentence received, or for
membership in an armed force
or organized armed group

with
Canada.
Applicants rnustbave the
iItntiQnto1.sidein(2aDadaif
greextizisIup
engaged in armed conflict

Physical presence for

Rtpea1intettrsidpovision- iRoyal Assent

out of 6

Physical presence for

3 out of

years before the date of

years before the date of

application

application

t a date to

be determined
y the Governor in Council

Time spntm Canada as a iiOn Applicantsmay couxteath day t a date tobe deerxnlne4
permant i7e$ident i ot be
they c pysiaI1y present 1W
y the Governor iiCim
counted.
4 Cadaasatpoisi4ent
4- r
L
orproteetedpsoforeJ
-becommgaperranentresi4ent
a1alf-day
ceinthe
j
phywaI ptesnce reqwreztient

for citizeuslup, upt

of one year of credited tme
Minimum of 183 days physical
Repeal the minimum 183 days
t a date to be determined
presence in 4 of the last 6 years physical presence in 4 of the last y the Governor in Council

-f

6years.

1
A-201 5-37668-000019

.4

ouii.
File Cnadian income .taies, if
require4 to do so under the
Income TaAct, or four taxation
yeats otzt ofix years, mtchitig
phyiai presence requirement

File Caiadiaii iricothe taxes, if JAt a date to be determined

required to do so iider the
Ibv the Governor in Council
Income 7sxAct, for three
tacafin years -out -of five years,
matching ptoposed new physia1

Provision prohibiting applicants Provision proiibitixig applicants

from taking the oath of
from taking the oath of
citizenship if they never met or citizenship ifthey never met or
no 1oner meet the requirements o longer meet the neqvinenients
for the grant of -citizenship, but
for the grant of-citizenship also
does ot apply to- applications
applies to appliatiop still in
received before June Ii, 2015
process that were teceived prior
to Juile 11,2015
[o explIcit authority for
citizenship officers to seize
fraudulent documents related to
the processing of applications

Authority to seize documents

provided during the
:
administration of the Citizen.hip
Act ifthere are reasonable
groundstobelievetheyare
:
fraudulent, or being used
fraudulently

Royai Assent

t a date to be determined
Y the Governor in Councfl

-2A-201 5-37668-000020

Opening Remarks for

The Honourable John McCallum

Minister of Immigration, Refugees and Citizenship

An Announcement about
Citizenship Legislation Reform

National Press Theatre

Ottawa, Ontario
February 26, 2016

Check a-ainst delivery

A-2Oi5-37668OOOO21

Good morning.

Being Canadian is a privilege and an honour. Few of us would

dispute that.

Every one of us can say why we love this country. There are
probably as many reasons to love Canada as there are people
who live here or would like to.
...

Canadian citienhip should be valued by every Canadian.

When you are a Canadian you shouldnt feel less valued as a
dual citizen.

In 2015, the previous government implemented major changes

to the Citizenship Act that posed challenges to people who
sought to be Canadian.

Today, the government is announcing its intention to repeal

some of those changes and to facilitate accss to citizenship.

I am here to tell you what we will do

...

and why.

A-201 5-37668-000022

We believe the measures we are proposing will send a clear

signal to anyone who is, or who strives to be, a Canadian citizen
that this is a place of inclusiveness, fairness and diversity.

Canadians understand that diversity is our strength. We know

that Canada has succeededculturally, politically,
economicallybecause of our diversity, not in spite of it

The Prime Minister has said this from the outset. Going forward,
diversity will be at the heart of our success and of what we offer
the world.

In the Speech from the Throne last December, the government

said it would make it easier for immigrants to build successful
lives in Canada and contribute to the economic success of all
Canadians.

The reforms we are proposing today would help accomplish

that.

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Proposed Legislation Rfornrs

Revoking Citizenship

Citizenship Act changes that came into force in 2015 gave the
Minister of Immigration, Refugees and Citizenship the power to
revoke the citizenship of dual citizens on the grounds of acts
against the national interest.

These included cases of convictions for terrorism, treason or

spying.

The 2015 provisions also gave the Federal Court the power to
revoke the Canadian citizenship of dual nationals who served in
an arnied force of a country or an organized armed group in
armed conflict with Canada.

These grounds for revocation could oniy apply to people who

hold dual or multiple citizenships. Some people suggested that
dual citizens as a whole were stigmatized bythe legislation.

A-201 5-37668-000024

Today, we are announcing we want to repeal these changes that

concern citizenship revocation.

We take this action because we want to ensure there is no

second tier of Canadian citizenship. As the Prime Minister
himself said last fall a Canadian is a Canadian is a Canadian.

The only cause for revocation should be when someone has

obtained their citizenship fraudulently. Terrorists should go to
jail for a long time. But to broaden the grounds for citizenship
revocation sets the country on a slippery slope.
-

Meeting Citizenship Requirements

Other changes we are proposing would allow applicants

greater flexibility to meet citizenship requirements. The 2015
legislation imposed a number of roadblocks in this regard.

Our changes would help prospective immigrants achieve

economic goals, as well as foster a sense of belonging and
connection to Canada, something good for all Canadians.

A-2015-37668-000025

The 2015 legislation required that applicants for Canadian

citizen-ship have an intention to continue to reside heie once
tLey become citizens.
It lengthened the residence requirements for applicants,
compelling them to be physically present in Canada for
more time before they applied for citizenship.
It removed an applicants albility to count time spent iL
Canada before becoming a permanent resident toward-s
meeting physIcal presence requirements.
It compelled applicants aged 14 to 64 to meet language and
knowledge requirements. Previously, only applicants aged
18 to 54 had to meet such demands.
We will repeal the Intent-to-reside pyovision. This will line up
the Citizenship Act with the cornmitments the government rna.de
when it received its mandate.

Our move will reassure applicants that they would not be at risk
of losing their Canadian citizenship because they did not stay in.
Canada even if they said they would.

A-2015-37668-000026

We will amend the physical presence requirements. This will

allow people to apply for citizenship one year earlier than under
the requirements that came into force in 2015.

It would make the path to a permanent place in Canadian society

a shorter one.

We will allow applicants to receive credit for time they spent in

Canada as temporary residents or protected persons before
becoming permanent residents.

We recognize that immigrants often begin building an

attachment to Canada before becoming permanent residents. Our
change will help attract international students and experienced
workers to Canada
We will return the age requirement for official language
proficiency and for demonstrating knowledge of Canada to
between 18 and 54.

A-201 5-37668-000027

We believe in the importance of having adequate knowledge of

one of Canadas official languages and understanding the
responsibilitie.s and privileges associated wIth b.eing a cjtizeh of
this country.

However, reducing the age range of citizenship applicants who

must meet knowledge and language requirements will ease the
burden on some.

Older adults applying for citizenship will find support to be

knowledgeable about Canada and to speak its official languages
through many negration services.

Younger applicants will be able to meet language and

knowledge standards through schooling and when they join the
workfore.

Program Integrity

It is important to ensure that those who obtain citizenship

actually meet all requirements.

A-201 5-37668-000028

This is why the government is refining the Citizenship Act to

expand the tools it has to combat fraud. For example, it will
have the ability to seize suspected fraudulent documents, such as
fake or altered passports provided to my department.

Such a change will improve the integrity of our citizenship

services.

Rationale

The reasons the government has for repealing and amending

some of the recent changes to the Citizenship Act are simple.
We are committed to a Canada that is both diverse and inclusive.
These priorities draw heavily from our election platform.

Our commitment to diversity and inclusion is a powerful and

ambitious approach to making Canada, and the world, a better,
safer place.

A-201 5-37668-000029

10

The steps the govrnmentis taking to amend the CiUzenship Act

will help the country attain such a goal. Taking away the ability
to revoke effizenshlp on national security grounds should allay
peoples fears they could lose such a coveted privilege.

The Government of Canada is unwavering in its commitment to

protect the safety and security of Canadians. It will continue to
take appropriate aetion to battle terrorist threats to this country,
to its citizens and its interests ari4 the world.

The success of immigrants is our success as a strong and united

country. The strength of new Canadians is what makes us
stronger.

The chang:s I hay spoken about today are part of an effort for
all Canadians

A-2015-37668-000030