C-14 1 39 55-56 Elizabeth II 2006-2007

An Act to amend the Citizenship Act (adoption)

Citizenship Act (adoption),

An Act to amend the

Citizenship (adoption) 2007 6 22 24 2007 90353

SUMMARY

This enactment amends the Citizenship Act to reduce the distinctions in eligibility for citizenship between adopted foreign children and children born abroad of Canadian parents.

R.S., c. C-29

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Subsection 3(1) of the Citizenship Act is amended by adding the following after paragraph ( c ):

( c.1 )

the person has been granted citizenship under

section 5.1;

The Act is amended by adding the following after

section 5:

Adoptees — minors

5.1

(1) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen after February 14, 1977 while the person was a minor child if the adoption

(

a) was in the best interests of the child;

(

b) created a genuine relationship of parent and child;

(

c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen; and

(

d) was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

Adoptees — adults

(2) Subject to subsection (3), the Minister shall on application grant citizenship to a person who was adopted by a citizen after February 14, 1977 while the person was at least 18 years of age if

(

a) there was a genuine relationship of parent and child between the person and the adoptive parent before the person attained the age of 18 years and at the time of the adoption; and

(

b) the adoption meets the requirements set out in paragraphs (1)(

c) and ( d ).

Quebec adoptions

(3) The Minister shall on application grant citizenship to a person in respect of whose adoption — by a citizen who is subject to Quebec law governing adoptions — a decision was made abroad after February 14, 1977 if

(

a) the Quebec authority responsible for international adoptions advises, in writing, that in its opinion the adoption meets the requirements of Quebec law governing adoptions; and

(

b) the adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

Section 27 of the Act is amended by adding the following after paragraph ( d ):

( d.1 )

providing for the factors to be considered in determining whether the requirements set out in

section 5.1 are met;

3.1

The Act is amended by adding the following after

section 27:

Laying of proposed regulations

27.1

(1) The Minister shall cause a copy of each regulation proposed to be made under paragraph 27( d.1 ) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.

Exception

(2) No proposed regulation that has been laid under subsection (1) need again be laid under that subsection, whether or not it has been altered.

Making of regulations

(3) The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (1).

Coming into force

This Act comes into force on the earlier of

(

a) a day to be fixed by order of the Governor in Council, and

(

b) six months after the day on which this Act receives royal assent.