BACK BACK | SHORT TITLE | ||
| 1. Short title - This Act may be cited as the Citizenship Act. | ||
| 1974-75-76, c. 108, s. 1. | ||
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| PART V PROCEDURE | ||
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| 21. Periods not counted as residence - Notwithstanding anything in this Act, no period may be counted as a period of residence for the purpose of this Act during which a person has been, pursuant to any enactment in force in Canada, | ||
| (a) | under a probation order; | |
| (b) | a paroled inmate; or | |
| (c) | confined in or been an inmate of any penitentiary, jail, reformatory or prison. | |
| 1974-75-76, c. 108, s. 19. | ||
| 22. (1) Prohibition - Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship | ||
| (a) | while the person is, pursuant to any enactment in force in Canada, | |
| (i) | under a probation order, | |
| (ii) | a paroled inmate, or | |
| (iii) | confined in or is an inmate of any penitentiary, jail, reformatory or prison; | |
| (b) | while the person is charged with, on trial for or subject to or a party to an appeal relating to an offence under subsection 29(2) or (3) or an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act; | |
| (c) | while the person is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, subject to or a party to an appeal relating to, an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; | |
| (d) | if the person has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; | |
| (e) | if the person requires but has not obtained the consent of the Minister, under subsection 55(1) of the Immigration Act, to be admitted to and remain in Canada as a permanent resident; or | |
| (f) | if, during the five years immediately preceding the person's application, the person ceased to be a citizen pursuant to subsection 10(1). | |
| (2) Idem - Notwithstanding anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship if, | ||
| (a) | during the three year period immediately preceding the date of the person's application, or | |
| (b) | during the period between the date of the person's application and the date that the person would otherwise be granted citizenship or take the oath of citizenship, | |
| the person has been convicted of an offence under subsection 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act. | ||
| R.S., 1985, c. C-29, s. 22; R.S., 1985, c. 30 (3rd Supp.), s. 11; 1992, c. 47, s. 67, c. 49, s. 124; 1999, c. 31, s. 42; 2000, c. 24, s. 33. | ||
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| PART
VII OFFENCES | ||
| 29. (1) Definition of "certificate" - For the purposes of this section, "certificate" means a certificate of citizenship, a certificate of naturalization or a certificate of renunciation. | ||
| (2) Offences and punishment - A person who | ||
| (a) | for any of the purposes of this Act makes any false representation, commits fraud or knowingly conceals any material circumstances, | |
| (b) | obtains or uses a certificate of another person in order to personate that other person, | |
| (c) | knowingly permits his certificate to be used by another person to personate himself, or | |
| (d) | traffics in certificates or has in his possession any certificate for the purpose of trafficking, | |
| is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both. | ||
| (3) Idem - A person who | ||
| (a) | without lawful authority issues or alters a certificate, | |
| (b) | counterfeits a certificate, or | |
| (c) | uses, acts on or causes or attempts to cause any person to use or act on a certificate, knowing it to have been unlawfully issued or altered or to have been counterfeited, | |
| is guilty of an indictable offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both. | ||
| (4) Idem - A person who contravenes any provision of this Act or the regulations for the contravention of which no fine or imprisonment is provided in this Act is guilty of an offence punishable on summary conviction. | ||
| 1974-75-76, c. 108, s. 28. | ||
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