Bill S-235: An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act

R.S., c. C-29 Citizenship Act 1 The Citizenship Act is amended by adding the following after section 5.2: Grant of citizenship — minors in care 5.3 (1) The Minister shall grant citizenship to any person who applies for it and who was ordinarily resident in Canada on the day on which any of the following situations ceased to apply to that person, provided that the person was not a citizen on that day: (a) the person resided in an institution — including a psychiatric or addictions treatment facility — a group foster home, the private home of foster parents or the private home of a guardian, tutor or other individual occupying a similar role, under a decree, order or judgment of a competent tribunal, and that person was maintained by (i) a department or agency of the Government of Canada or a province mandated with the protection and care of children, or (ii) an agency appointed by a province, including an authority established under the laws of a province, or by an agency appointed by such an authority for the purpose of administering any law of the province for the protection and care of children; (b) the person resided in or was maintained by an institution licensed or otherwise authorized under the law of the province to have the custody or care of children; (c) the person was provided with services to improve their living conditions by an agency appointed by a province, including an authority established under the laws of a province or by an agency appointed by such an authority for the purpose of administering any law of the province for the protection and care of children; and (d) the person (i) was not returned to the care and custody of their parent when any of the circumstances described in paragraphs (a) to (c) ceased to apply to that person, unless the return took place within 365 days of the date upon which the person reached the age of 18 years, (ii) has been physically present in Canada for at least 1,095 days before the date of their application, (iii) was subject to one or more of the circumstances described in paragraphs (a) to (c) for at least 365 days cumulatively, and (iv) has not resided outside of Canada for more than 10 years since reaching the age of 18 years. Waiver by Minister on compassionate grounds (2) The Minister may, in their discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds any of the requirements set out in paragraph (1)(d). 2 Section 12 of the Act is amended by adding the following after subsection (1): Section 5.3 (1.1) In determining whether to grant an application made under section 5.3, the Minister must accept a written statement by the applicant about the existence of any of the circumstances in paragraphs 5.3(1)(a) to (c) as proof of that circumstance unless the Minister establishes on a balance of probabilities that the circumstance did not exist. 2001, c. 27 Immigration and Refugee Protection Act 3 Section 50 of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c): (c.1) in the case of a foreign national who has applied under section 5.3 of the Citizenship Act , until a final decision has been made on the application;