Order Extending the Application of Section 14 of that Act for a Period of Five Years: SOR/2019-82
Canada Gazette, Part II, Volume 153, Number 8
Registration
SOR/2019-82 March 28, 2019
CITIZENSHIP ACT
Order Extending the Application of Section 14 of that Act for a Period of Five Years
The Minister of Citizenship and Immigration, pursuant to subsection 28.1(1)footnote a of the Citizenship Actfootnote b, extends the application of section 14 of that Act for a period of five years, ending on July 31, 2024.
Ottawa, March 25, 2019
Ahmed D. Hussen
Minister of Citizenship and Immigration
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to his authority under subsection 28.1(1) of the Citizenship Act, the Minister of Immigration, Refugees and Citizenship Canada (the Minister) is extending the decision-making role of citizenship judges for a period of five years. The decision-making role of citizenship judges will cease on July 31, 2024, unless it is further extended by the Minister before that date.
Objective
Where citizenship applicants do not clearly demonstrate that they meet the requirement related to physical presence in Canada, section 14 of the Citizenship 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 have three roles. First, and as outlined in the Citizenship Regulations, they are responsible for presiding at citizenship ceremonies and administering the Oath of Citizenship to new Canadians. Second, they are responsible for making physical presence decisions on some grant applications, as outlined in the Citizenship Act. Third, citizenship judges conduct promotional activities in communities, in accordance with subsection 26(2) of the Citizenship Act, which allows the Minister to assign other duties to citizenship judges.
Section 14 of the Citizenship Act, which came into force on August 1, 2014, authorizes citizenship judges to both resolve the inventory of cases involving conflicting 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, unless extended by the Minister before that date. Subsection 28.1(1) of the Citizenship Act provides the Minister with the authority to extend the decision-making role of citizenship judges for a period of up to five years, and, through this Ministerial Order, he is exercising that authority.
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 considered in the context of Bill C-24, the Strengthening Canadian Citizenship Act, and no concerns were raised. Bill C-24, which received royal assent on June 19, 2014, amended the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions, and amend provisions governing the processing of applications and the review of decisions.
Departmental contact
Requests for additional information may be directed to
Teny Dikranian
Director
Legislation and Program Policy
Immigration, Refugees and Citizenship Canada
180 Kent Street, 6th Floor
Ottawa, Ontario
K1A 1L1
Fax: 613‑991‑2485
Email: Citizenship-Citoyennete@cic.gc.ca