Bill C-6: New Law, New Era

Bill C-6 is an Act to amend the Citizenship Act and make consequential amendments to another Act. It was introduced in the House of Commons on October 1, 2020, by the Minister of Justice and Attorney General of Canada, David Lametti. The bill was passed by the House of Commons on June 22, 2021, and received its first reading in the Senate on the same date.

Bill C-6 aims to amend the Criminal Code to prohibit certain activities related to conversion therapy, defined as any practice, treatment, or service designed to change an individual's sexual orientation or gender identity. It seeks to protect the human dignity and equality of all Canadians, including the LGBTQ2 community, by criminalizing specific aspects of conversion therapy provision.

The bill includes provisions to prohibit:

- Forcing or causing individuals, especially children, to undergo conversion therapy without their consent.

- Advertising or promoting services related to conversion therapy.

- Removing a child from Canada to undergo conversion therapy abroad.

- Receiving financial or material benefits from providing conversion therapy.

Additionally, Bill C-6 authorizes courts to order the seizure and removal of advertisements for conversion therapy from computer systems and the internet.

Removal of grounds for Canadian citizenship revocation relating to national security

On June 19, 2017, Bill C-6, an Act to amend the Citizenship Act and make consequential amendments to another Act, received Royal Assent and made amendments to the citizenship revocation provisions. The amendments in Bill C-6 removed the grounds for Canadian citizenship revocation relating to national security. Previously, under subsection 10(2) of the Citizenship Act, the Minister had the authority to revoke a person's Canadian citizenship on national security grounds. This provision allowed for the revocation of citizenship from dual citizens convicted of terrorism, high treason, treason, or spying offences, as well as those who served in an armed force of a country or organized group engaged in conflict with Canada.

With the passing of Bill C-6, the Federal Court became the decision-maker for citizenship revocation cases, unless the individual facing revocation requests that the Minister act as the decision-maker. This change applies to all revocation cases, including those related to security, human or international rights violations, or organized criminality. The new revocation process aims to ensure that decisions are made in a consistent and fair manner, providing individuals with the right to request the Minister as the decision-maker adds a layer of flexibility to the process.

The removal of grounds for Canadian citizenship revocation relating to national security is a significant shift in policy. Previously, dual citizens living in Canada who were convicted of these crimes could have their citizenship revoked and face deportation or other consequences. Now, as per the amendments in Bill C-6, these individuals will be subject to the Canadian justice system, just like any other Canadian citizen who breaks the law. This change aligns with the principle of equal treatment under the law and ensures that all citizens, regardless of dual citizenship status, are afforded the same legal rights and protections.

It is important to note that while the grounds for revocation relating to national security have been removed, other grounds for citizenship revocation remain in place. These include false representation, knowingly concealing material circumstances, fraud, criminal activities, and residency requirement violations. Citizenship revocation is a complex legal process, and each case is assessed individually based on its unique circumstances. The Canadian government prioritizes the integrity of its citizenship program and takes revocation decisions seriously to maintain the value and significance of Canadian citizenship.

Removal of requirement to intend to reside in Canada post-citizenship

The Canadian government's Bill C-6, which received Royal Assent on June 19, 2017, repealed the requirement for citizenship applicants to intend to continue living in Canada after obtaining citizenship. This change provides more flexibility for Canadians who may need to live outside the country for work or personal reasons.

Previously, applicants were required to declare their intention to reside in Canada as citizens. However, this provision was unenforceable, and the new amendments address concerns among new Canadians about potential citizenship revocation if they moved outside the country.

The removal of this requirement is part of a broader set of amendments to the Citizenship Act, which also include:

• Reducing the period of physical presence required for new citizens to three years (1,095 days) out of the previous five.
• Allowing periods of non-permanent presence in Canada, such as time spent as a student, temporary worker, or visitor, to be credited towards the three-year requirement.
• Lowering the age band for applicants who must pass language tests from 14-64 to 18-54.

The changes to the Citizenship Act, including the removal of the intent-to-reside requirement, took effect immediately upon Royal Assent on June 19, 2017. This means that from that date onwards, applicants for Canadian citizenship are no longer required to state their intention to reside in the country.

Reduced number of days physically present in Canada before applying for citizenship

Bill C-6, which amends Canada's Citizenship Act, received Royal Assent on June 19, 2017, and is now law. The bill makes changes to the number of days a person must be physically present in Canada before applying for citizenship.

Under the previous Citizenship Act, applicants were required to be physically present in Canada for four out of six years before applying for citizenship, with a minimum of 183 days in each of the four years. This has been reduced to three out of the last five years (1095 days), with no minimum number of days per year. This change took effect on October 11, 2017.

In addition, time spent in Canada as a temporary resident or protected person before becoming a permanent resident can now be counted as half a day toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days within the five years preceding the date of application. This change also took effect on October 11, 2017.

The changes to the physical presence requirements make it easier for permanent residents of Canada to apply for citizenship sooner than previously. However, it is important to note that some of the measures contained in the legislation may not have come into force immediately and may have been implemented at a later date.

Limits on age range for demonstrating knowledge of Canada and its official languages

Bill C-6, an Act to amend the Citizenship Act and make consequential amendments to another Act, received Royal Assent on June 19, 2017. The bill amends the Citizenship Act in several ways, including changes to the age range for demonstrating knowledge of Canada and its official languages.

Previously, under the Citizenship Act, applicants between the ages of 14 and 64 were required to meet the language and knowledge requirements for citizenship. However, with the amendments introduced by Bill C-6, the age range for adult applicants to meet these requirements has been changed to 18-54. This means that applicants under the age of 18 and those over the age of 54 are not required to demonstrate their knowledge of Canada and its official languages as part of their citizenship application.

The new age range of 18-54 for language and knowledge requirements is retroactive. This means that applicants who had not yet been assessed or were in the process of being assessed for these requirements and were 55 years of age or older at the time of their application are exempt from meeting these requirements. The age requirement for citizenship has also been removed, allowing minors to apply for citizenship without having a Canadian parent.

It is important to note that the changes to the age range for demonstrating knowledge of Canada and its official languages only apply to applicants for Canadian citizenship. The requirements for knowledge of official languages in other contexts, such as for employment or education, may have different age ranges or requirements.

Authorisation for Minister to seize fraudulently obtained documents

Bill C-6, an Act to amend the Citizenship Act, received Royal Assent on June 19, 2017, and introduced a new provision providing clear authority for citizenship officers to seize and detain documents believed to be fraudulently or improperly obtained or used. This provision, which came into force in December 2018, enhances and protects the integrity of the citizenship program and assists in preventing fraud or improper use of documents.

The authorisation for the Minister to seize fraudulently obtained documents is a significant development in Canada's efforts to uphold the integrity of its citizenship program. This authorisation enables citizenship officers to take decisive action by seizing and detaining documents that are suspected of being fraudulently or improperly obtained or used. This power is crucial in carrying out investigations, particularly when fraud is suspected, and in determining whether applicants meet the stringent requirements for Canadian citizenship.

The regulatory changes introduced by Bill C-6 also include amendments to the Citizenship Regulations, which outline the procedures to be followed once a decision is made to seize a suspected fraudulent document. These procedures encompass the return and disposal of such documents. Additionally, the amendments authorise the sharing of information about the seized document with the Canada Border Services Agency, demonstrating a collaborative approach to security and fraud prevention.

Furthermore, the amendments allow for the retention of seized documents for a necessary period to determine their authenticity or whether they have been unlawfully altered. This provision ensures a thorough investigation and helps prevent the misuse of fraudulent documents. The changes introduced by Bill C-6 not only empower citizenship officers but also provide a comprehensive framework to effectively address fraud and safeguard the integrity of Canada's citizenship program.

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