Coming to Canada by Right and by Law at Secondary

Question 1

What should happen once you establish that is a person is a Canadian citizen through documents or questioning?

Answer 1

The examination should end and the person should be allowed to enter Canada without delay

Question 2

How do Canadian citizens enter Canada? According to what section of IRPA?

Answer 2

Canadian citizens enter Canada by RIGHT according to Section 19(1) of IRPA

Question 3

What does Subsection 15(1) of IRPA refer to?

Answer 3

Examination by an officer - Authority - Provides for an officer to proceed with an examination where a person makes an application to the officer in accordance with the act

Question 4

What subsection of IRPA refers to Examination by an officer - Provides for an officer to proceed with an examination where a person makes an application to the officer in accordance with the act

Answer 4

Subsection 15(1) of IRPA

Question 5

What does paragraph 28(b) of the IRPR refer to?

Answer 5

Examination - Provides that a person seeking to enter Canada is making an application

Question 6

What paragraph of IRPR refers to Examination - Provides that a person seeking to enter Canada is making an application?

Answer 6

Paragraph 28(b) of the IRPR

Question 7

What does subsection 18(1) of IRPA refer to?

Answer 7

Examination by officer - Seeking entry - Requires every person seeking to enter Canada to appear for an examination to determine whether they have the right to enter Canada or may be authorized to enter and remain in Canada. This includes Canadian citizens

Question 8

What does subsection 19(1) of IRPA refer to?

Answer 8

Right of entry of Canadian citizens - A Canadian citizen within the meaning of the Citizenship Act has a RIGHT to enter and remain in Canada

Question 9

What subsection if IRPA states that Canadian citizens enter Canada by RIGHT?

Answer 9

Subsection 19(1) of IRPA

Question 10

What year was the (first) Canadian Citizenship Act enacted?

Answer 10

1947

Question 11

What were the dates/years the (first) Canadian Citizenship Act was in effect?

Answer 11

Jan. 1, 1947 until Feb. 14, 1977

Question 12

With respects to the the (first) Canadian Citizenship Act 1947-1977, what are the requirements for those born on Canadian soil?

Answer 12

• Born in Canada or on a Canadian ship
• Parents are British subjects before the Act takes effect or aliens lawfully admitted to permanent residence
• Born in Canada before Act takes effect and is a British subject

Question 13

With respects to the the (first) Canadian Citizenship Act 1947-1977, what are the requirements for those born outside Canada (citizen by descent)?

Answer 13

• Responsible parent is Canadian

- and, birth must be registered with the Canadian government within next two years

Question 14

With respects to the the (first) Canadian Citizenship Act 1947-1977, what are the requirements for obtaining citizenship?

Answer 14

Person makes application after being permanent resident for 5 years for himself or for minor child and citizenship is GRANTED

Question 15

With respects to the the (first) Canadian Citizenship Act 1947-1977, what are the conditions for loss of citizenship?

Answer 15

If another citizenship is acquired as adults, if another citizenship is acquired by responsible parent if minors, if person was absent from Canada for a period of 10 consecutive years - applies 1947-1967

Question 16

With respects to the The Citizenship Act 1977, what are the requirements for those born on Canadian soil?

Answer 16

Must be born in Canada or on Canadian ship or aircraft (registered)
Exception: if one of the parents is a foreign diplomat or employed by international agency with diplomatic privileges and immunities, or is an employee of these persons, and the other parent is not a Canadian citizen or permanent resident

Question 17

With respects to the The Citizenship Act 1977, what are the requirements for those born outside of Canada (citizen by descent)?

Answer 17

• Father or mother is Canadian

- Delayed registration: registration of birth for those born abroad before this Act is extended to August 14th, 2004

Question 18

With respects to the The Citizenship Act 1977, what are the requirements for those obtaining citizenship?

Answer 18

• Person makes application after being permanent resident for at least 3 years, for himself or for minor child, and citizenship is GRANTED (the amendment of April 17, 2009 does not change this)
• Facilitated grant for those born out of wedlock to Canadian fathers under 1947 Act

Question 19

With respects to the The Citizenship Act 1977, what are the conditions for loss of citizenship?

Answer 19

The second or subsequent generation to be born abroad must apply to retain citizenship before 28th birthday. Failure to retain citizenship results in automatic loss.

Question 20

With respects to Bill C-37 (2009 Amendment to the 1977 Act), what are the requirements for those born on Canadian soil?

Answer 20

No change - Born in Canada or on Canadian ship or aircraft (registered)

Question 21

With respects to Bill C-37 (2009 Amendment to the 1977 Act), what are the requirements for those born outside Canada?

Answer 21

Father or mother is Canadian BORN IN CANADA

-there is now a first generation limitation and the second generation born abroad provision is repealed

Question 22

With respects to Bill C-37 (2009 Amendment to the 1977 Act), what are the requirements for those obtaining citizenship?

Answer 22

• Reintegrates into citizenship those who lost it due to the 1947 Act (retroactive to date of loss)
• Some who were not Canadians by birth due to the 1947 Act can now be recognized as such (retroactive to date of birth)

Question 23

With respects to Bill C-37 (2009 Amendment to the 1977 Act), what are the conditions for loss of citizenship?

Answer 23

The second or subsequent generation to be born abroad who turned 28 years old before Apr. 17th, 2009 and have not completed the retention process have lost their citizenship. They will not be reintegrated into Canadian citizenship.

Question 24

What does Bill C-37 do for anyone who has renounced their citizenship, had it revoked or failed to retain their citizenship under the former act (since 1947)?

Answer 24

Under Bill C-37 a person who has renounced their citizenship, have had it revoked or failed to retain their citizenship under the former Act will NOT be reintegrated into Canadian citizenship.

Question 25

With respect to Canadian citizenship what is the significance of the date - January 1, 1947?

Answer 25

It is the date The (first) Canadian Citizenship Act was enacted

Question 26

With respect to Canadian citizenship what is the significance of the date - Feb 15th, 1977?

Answer 26

It is the date The Citizenship Act was enacted

Question 27

With respect to Canadian citizenship what is the significance of the date - Apr 17, 2009?

Answer 27

Bill C-37 - Amendment to the 199 Citizenship Act was implemented

Question 28

With respect to Canadian citizenship what is the significance of the date - Aug 14, 2004?

Answer 28

In the 1977 Citizenship Act, it is the date the delayed registration of birth for those born abroad before this Act was extended to

Question 29

With respect to Canadian citizenship what is the significance of the years 1947 - 1967?

Answer 29

It relates to the loss of citizenship in the 1947 Act. Lost citizenship if between these years another citizenship is acquired as adults, by responsible parent if minors or if person was absent from Canada for a period of 10 consecutive years

Question 30

With respect to Canadian citizenship what is the significance of the date - December 2007?

Answer 30

Before Dec 2007, a person adopted by a Canadian parent had to apply for and become a permanent resident and live in Canada for at least 3 years before applying for and becoming a naturalized Canadian citizen

Question 31

With respect to Canadian citizenship, name the significant fact regarding the age of 21.

Answer 31

In the case of a permanent resident child that is accompanying a parent, the child must be less than 22 years and must never have been a spouse or common law partner

Question 32

With respect to Canadian citizenship, name the significant fact regarding the age of 28.

Answer 32

According to Bill C-37, the second or subsequent generation to be born abroad who turned 28 years on or before April 17th, 2009 and have not completed the retention process lost their citizenship. Will not be reintegrated into Canadian citizenship.

Question 33

What section of IRPA gives BSOs authority to proceed with an examination when a person makes an application to enter Canada?

Answer 33

Subsection 15(1)

Question 34

What section of IRPR provides that a person seeking to enter Canada is making an application?

Answer 34

Paragraph 28(b)

Question 35

What section of IRPA requires every person seeking entry to Canada to appear for an examination to determine whether they enter by right or may be authorized to enter and remain in Canada? Does this include Canadian citizens?

Answer 35

Subsection 18(1) and yes, it also applies to Canadian citizens

Question 36

Under what section of IRPA do Canadian citizens enter by RIGHT?

Answer 36

Subsection 19(1)

Question 37

Under what section of IRPA do Registered Indians enter Canada by RIGHT?

Answer 37

Subsection 19(1)

Question 38

If a person:
-Renounced their citizenship
-Had it revoked
-Failed to retain their citizenship under the 1947 Act
Is it reinstated by the Amendment to the 1977 Act (Bill C-37)?

Answer 38

No it is not reinstated

Question 39

What is the number of the Bill that amended the 1977 Act? What date was it implemented?

Answer 39

Bill C-37, implemented April 17, 2009

Question 40

What section of IRPA provides that an officer shall allow a permanent resident (PR) to enter Canada by RIGHT if satisfied that he/she is a PR?

Answer 40

Subsection 19(2)

Question 41

Under IRPA section 28, a permanent resident must comply with residency obligations regarding every 5 year period. They comply if they are physically present in Canada under IRPA 28(2). What are 3 other situations where a PRs time outside Canada counts towards their residency obligations?

Answer 41

• Outside Canada accompanying a Canadian citizen who is their spouse or common law partner or in the case of a child, their parent
• Outside Canada, employed full-time by a Canadian business, Federal government or provincial government
• Accompanying a PR who is their spouse or common-law or in the case of a child, their parent and who is employed full-time by a Canadian business, Federal Government or provincial government

Question 42

Define a “child” for the purposes of the residency obligations set out in IRPR 61(6)

Answer 42

The child must be less than 22 years and must never have been a spouse or common-law

Question 43

List 4 ways a PR can lose their status under IRPA 46(1)

Answer 43

• Becomes a Canadian citizen
• Fails to comply with residency requirements (730 days in 5 years)
• Removal order against them comes into force
• Misrepresentation of a refugee claim

Question 44

A BSO has 2 options if a PR is found inadmissible for non-compliance under IRPA 27(2) (conditions under regs) and IRPA 28 (Residency obligations). What are they?

Answer 44

The BSO can issue an a44 report or arrest and detain with a warrant

Question 45

What section of IRPR deals with people coming to Canada by Law?

Answer 45

Section 39 (a)-(c)

Question 46

List 3 provisions outlined in IRPR section 39 - People coming to Canada by Law

Answer 46

• Persons who are returned to Canada as a result of a refusal of another country, after they were removed form or otherwise left Canada because a removal order was made against them
• Persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order
• Persons returning to Canada who are in possession of valid refugee travel papers issued to them by the Minister of Foreign Affairs

Question 47

What must be issued to enforce a removal order?

Answer 47

An A44 report

Question 48

Do Registered Indians in Canada have a legal documentary requirement to enter Canada?

Answer 48

No, but they should present a Certificate of Indian Status Card when entering Canada at a POE. Once the BSO is satisfied that the person is a Registered Indian the person must be allowed to enter Canada without further delay.