Tag: Bill C-6

By: Katelyn Bell, Summer Law Student

Bill C-6, an Act to Amend the Citizenship Act and make consequential amendments to another Act, was introduced in Parliament on February 25, 2016. Nearly sixteen months later, on June 19, 2017, the Bill received Royal Assent.

In other words, as of June 19, 2017, the Bill is now law. However, not all of the changes introduced by Bill C-6 have taken legal effect. Many changes will not take effect until Fall 2017, while others will come into force in early 2018.

The introduction of the Bill brings about many positive changes, and provides benefits to thousands of Canadian immigrants. Of the changes ahead, most notable is that permanent residents of Canada may apply for citizenship sooner than they were previously able.

There are many other very positive changes to the Citizenship Act brought forth by Bill C-6, including, but not limited to, the following:

• Equal treatment under the law: Dual citizens living in Canada who are convicted of treason, spying and terrorism offences can no longer have citizenship revoked, but rather, will face the Canadian justice system, like any other Canadian citizens who break the law. Effective June 19, 2017.
• More flexibility for Canadian immigrants: Applicants no longer have to declare on the application form an intention to continue living in Canada once they are granted citizenship. Effective June 19, 2017.
• Minors can apply for citizenship without a Canadian parent: The age requirement for citizenship has been removed. Further, a person who has custody of a minor can now apply for citizenship on behalf of the minor. Effective June 19, 2017.
• Accommodations for those with disabilities: It is now codified law that reasonable measures must be taken to accommodate the needs of a citizenship applicant who is a disabled person. Effective June 19, 2017.
• Less stringent time requirements: Applicants will be required to be physically present in Canada for 3 out of 5 years before applying for citizenship. Under the previous Act, the requirement was 4 out of 6 years. Additionally, the requirement that applicants must be physically present in Canada for 183 days in 4 out of 6 years preceding their application will be repealed. Effective Fall 2017.
• Prior time spent in Canada counts toward citizenship: Applicants will be able to count each day that they were physically present in Canada as a temporary resident, or protected person, before becoming a permanent resident as a “half-day” toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days (1 year of the 3 year requirement). Effective Fall 2017.
• Income tax filing: Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for 3 out of 5 years (rather than 4 out of 6). This requirement matches the new physical presence requirement. Effective Fall 2017.
• Relaxed age requirements: Applicants between 18 and 54 years of age (previously those between 14 and 64) must meet the language and knowledge requirements for citizenship. Effective Fall 2017.
• Seizure of fraudulent documents: Under the Citizenship Act, there will be clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents. Effective early 2018.
• Federal Court authority: The Federal Court, as opposed to the Minister, is the decision-maker in all citizenship revocation cases, unless the individual requests that the Minister make the final decision. Further, individuals will have a right to appeal the decision if their citizenship was revoked because of fraud. Effective early 2018.

Without question, the changes introduced by Bill C-6 are positive in nature. In reversing many of the changes to the Citizenship Act introduced by the previous Conservative Government, the Liberals have made their position on immigration crystal clear — “A Canadian is a Canadian is a Canadian.” (- Justin Trudeau in spar with Harper over the right to revoke citizenship (2015)).

Not only are the changes under Bill C-6 contrary to the Conservative agenda, but the Liberal government’s approach to immigration in general is in stark contrast to President Trump’s approach in the United States. As Canada becomes more generous, the U.S. continues to crack down on immigration.

If you have any questions regarding Bill C-6 changes, or are in need of an immigration lawyer, please contact Devry Smith Frank LLP’s immigration lawyers today, or contact our office directly at 416-449-1400 for more information.

“This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”