An Act respecting citizenshipCitizenship ActCitizenship20249
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C-29Short Title
Short titleThis Act may be cited as the Citizenship Act.1974-75-76, c. 108, s. 1
Interpretation
DefinitionsIn this Act,certificate of citizenship means a certificate of citizenship issued or granted under this Act or under the former Act; (certificat de citoyenneté)certificate of naturalization means a certificate of naturalization granted under any Act that was in force in Canada at any time before January 1, 1947; (certificat de naturalisation)certificate of renunciation means, unless a contrary intention appears, a certificate of renunciation issued under this Act; (certificat de répudiation)child includes a child adopted or legitimized in accordance with the laws of the place where the adoption or legitimation took place; (enfant)citizen means a Canadian citizen; (citoyen)citizenship means Canadian citizenship; (citoyenneté)citizenship judge means a citizenship judge appointed under section 26; (juge de la citoyenneté)common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)Court means the Federal Court; (Cour)disability[Repealed, 1992, c. 21, s. 6]former Act means the Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970; (ancienne loi)Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)minor means a person who has not attained the age of eighteen years; (mineur)prior legislation means any Act respecting naturalization or citizenship that was in force in Canada at any time before February 15, 1977. (législation antérieure)InterpretationFor the purposes of this Act,a person is deemed to be born in Canada if the person is born on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001, or on an aircraft registered in Canada under the Aeronautics Act and regulations made under that Act;a person who is lawfully present and entitled to permanently reside in Canada is deemed to have been lawfully admitted to Canada for permanent residence; anda person against whom a removal order has been made remains under that orderunless all rights of review by or appeal to the Immigration Appeal Division of the Immigration and Refugee Board, the Federal Court of Appeal and the Supreme Court of Canada have been exhausted with respect to the order and the final result of those reviews or appeals is that the order has no force or effect, oruntil the order has been executed.R.S., 1985, c. C-29, s. 2; R.S., 1985, c. 28 (4th Supp.), s. 36; 1992, c. 21, s. 6; 2000, c. 12, s. 74; 2001, c. 26, s. 286, c. 27, s. 227.1; 2002, c. 8, s. 183; 2008, c. 14, s. 1
The Right to Citizenship
Persons who are citizensSubject to this Act, a person is a citizen ifthe person was born in Canada after February 14, 1977;the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;the person has been granted citizenship under section 5.1;the person was a citizen immediately before February 15, 1977;the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act;before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:the person renounced his or her citizenship under any of the following provisions:paragraph 19(2)(c) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3),paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33,subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,subparagraph 18(1)(b)(iii) of the former Act,section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, orsection 9 of this Act,the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions:paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8,paragraph 19(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act, S.C. 1967-68, c. 4,paragraph 19(1)(a) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,paragraph 18(1)(a) of the former Act,section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, orsection 10 of this Act, orthe person failed to make an application to retain his or her citizenship under section 8 as it read before the coming into force of this paragraph or did make such an application that subsequently was not approved;the person was born outside Canada before February 15, 1977 to a parent who was a citizen at the time of the birth and the person did not, before the coming into force of this paragraph, become a citizen;the person was granted citizenship under section 5, as it read before the coming into force of this paragraph, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, he or she took the oath of citizenship;the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) to (iii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, he or she took the oath of citizenship:subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,subsection 5(1) or (4) or 11(1) of this Act, orparagraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;under prior legislation, the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii) and resumed citizenship;the person, before January 1, 1947, was born or naturalized in Canada but ceased to be a British subject, and did not become a citizen on that day;the person, before April 1, 1949, was born or naturalized in Newfoundland and Labrador but ceased to be a British subject, and did not become a citizen on or before that day;the person, on January 1, 1947, was a British subject neither born nor naturalized in Canada and was ordinarily resident in Canada, and did not become a citizen on that day;the person, on April 1, 1949, was a British subject neither born nor naturalized in Newfoundland and Labrador and was ordinarily resident there, and did not become a citizen on or before that day;the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who is a citizen under paragraph (k) or (m), and the person did not become a citizen on that day;the person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who is a citizen under paragraph (l) or (n), and the person did not become a citizen on or before that day;the person was born outside Canada and Newfoundland and Labrador before January 1, 1947 to a parent who became a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, and the person did not become a citizen on that day; orthe person was born outside Canada and Newfoundland and Labrador before April 1, 1949 to a parent who became a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, and the person did not become a citizen on or before that day.For greater certaintyFor greater certainty, the reference to “Canada” in paragraphs (1)(k), (m) and (o) to (r) is a reference to Canada as it existed immediately before the union of Newfoundland and Labrador with Canada.Citizen despite death of parentA person who would not become a citizen under paragraph (1)(b), (g) or (h) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under paragraph (1)(b), (g) or (h) if that parent, but for his or her death, would have been a citizen under paragraph (1)(f), (i) or (j).Citizen despite death of parentA person who would not become a citizen under paragraph (1)(b), (g), (h), (o) or (p) for the sole reason that, on the coming into force of this subsection, his or her parent — referred to in one of those paragraphs — is deceased, is a citizen under that paragraph if that parent, but for his or her death, would have been a citizen under any of paragraphs (1)(k) to (n).Citizen despite death of parentA person who would not become a citizen under paragraph (1)(q) for the sole reason that his or her parent died before January 1, 1947 and did not become a citizen on that day under the Canadian Citizenship Act, S.C. 1946, c. 15, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than January 1, 1947.Citizen despite death of parentA person who would not become a citizen under paragraph (1)(r) for the sole reason that his or her parent died before April 1, 1949 and did not become a citizen on that day under section 44A of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1949, c. 6, is, nonetheless, a citizen under that paragraph if his or her parent would have been a citizen if that Act had come into force immediately before their death and the date referred to in the provisions of that Act that set out the requirements to be met to become a citizen had been the day of that coming into force rather than April 1, 1949.Not applicable to children of foreign diplomats, etc.Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents wasa diplomatic or consular officer or other representative or employee in Canada of a foreign government;an employee in the service of a person referred to in paragraph (a); oran officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).Not applicable — paragraphs (1)(k), (m), (o) and (q)Paragraphs (1)(k), (m), (o) and (q) do not apply to a person ifbefore January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; orthe person became a citizen by way of grant on or after January 1, 1947 and subsequentlyrenounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), orhad his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).Not applicable — paragraphs (1)(b), (g) and (h)Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequentlyrenounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); orhad his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).Not applicable — paragraphs (1)(l), (n), (p) and (r)Paragraphs (1)(l), (n), (p) and (r) do not apply to a person ifbefore April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; orthe person became a citizen by way of grant on or after April 1, 1949 and subsequentlyrenounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), orhad his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).Not applicable — paragraphs (1)(b), (g) and (h)Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequentlyrenounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); orhad his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).Not applicable — after first generationParagraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canadaif, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; orif, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, orparagraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act.Exception — transitional provisionSubsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.Exception — transitional provisionSubsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.Exception — child or grandchild of person in service abroadSubsection (3) does not apply to a personborn to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; orborn to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.Citizenship other than by way of grant — grandchild of person in service abroadA person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; ora parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.Non-application of subsection (5.1)Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved.Citizenship other than by way of grantA person referred to in paragraph (1)(h), (i) or (j) is deemed, except for the purposes of that paragraph, never to have been a citizen by way of grant.Citizenship other than by way of grant — certain children born after February 14, 1977A person who was born outside Canada after February 14, 1977 and who, before the coming into force of this subsection, was granted citizenship under section 5 is deemed never to have been a citizen by way of grant ifhe or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); orhe or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i).Citizenship other than by way of grantA person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.Deemed applicationA person who is referred to in paragraph (1)(k), (l), (m) or (n) and also in paragraph (1)(o), (p), (q) or (r) is deemed to be a citizen only under that paragraph (o), (p), (q) or (r).Deemed applicationDespite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into forcea person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) to (iii) is deemed to be a citizen under paragraph (1)(c) from the time that he or she ceased to be a citizen:subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,subsection 5(1) or (4) or 11(1) of this Act, orparagraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;a person referred to in paragraph (1)(d) who, under prior legislation, ceased to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) and resumed citizenship is deemed to be a citizen under paragraph (1)(d) from the time that he or she ceased to be a citizen;a person referred to in paragraph (1)(f) who, at the time he or she ceased to be a citizen, was a citizen by way of grant is deemed to have been granted citizenship under that paragraph at that time;a person referred to in paragraph (1)(f) — other than a person described in paragraph (c) — is deemed to be a citizen under paragraph (1)(f) from the time the person ceased to be a citizen;a person referred to in paragraph (1)(g) or (h) is deemed to be a citizen from the time that he or she was born;a person referred to in paragraph (1)(i) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen;a person referred to in paragraph (1)(j) is deemed to be a citizen under that paragraph from the time that he or she ceased to be a citizen;a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in paragraph (1)(f) or (i) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;a person referred to in paragraph (1)(b) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are referred to in any of paragraphs (1)(k) to (n) is deemed to be a citizen under paragraph (1)(b) from the time that he or she was born;a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; anda person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.LimitationFor any period before the day on which subsection (7) first takes effect with respect to a person,subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; andno action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period.Definition of by way of grantIn subsections (2.1) to (2.4) and (6.2), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.R.S., 1985, c. C-29, s. 3; 1995, c. 5, s. 25; 2007, c. 24, s. 1; 2008, c. 14, ss. 2, 13; 2014, c. 22, s. 2
Deserted childFor the purposes of paragraph 3(1)(a), every person who, before apparently attaining the age of seven years, was found as a deserted child in Canada shall be deemed to have been born in Canada, unless the contrary is proved within seven years from the date the person was found.Child born after death of parentFor the purposes of paragraph 3(1)(b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.[Repealed, 2008, c. 14, s. 3]R.S., 1985, c. C-29, s. 4; 2008, c. 14, s. 3
Grant of citizenshipThe Minister shall grant citizenship to any person whomakes application for citizenship;[Repealed, 2017, c. 14, s. 1]is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and hasbeen physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and[Repealed, 2017, c. 14, s. 1]met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;[Repealed, 2017, c. 14, s. 1]if 18 years of age or more but less than 55 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;if 18 years of age or more but less than 55 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; andis not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.Length of physical presence — calculationFor the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner:for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days; andfor every day during which the person has been physically present in Canada since becoming a permanent resident, the person accumulates one day of physical presence.Period of physical presence — spouse or common-law partner of citizenAny day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).Period of physical presence — permanent residentsAny day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).Period of physical presence — residing with permanent residentsAny day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).Application — minorWhen the application referred to in paragraph (1)(a) is in respect of a minor, it must bemade by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court; andcountersigned by the minor, if the minor has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability.Application made by minorIf the Minister waives the requirement set out in paragraph (1.04)(a) under subparagraph (3)(b)(v), the application referred to in paragraph (1)(a) may be made by the minor.[Repealed, 2017, c. 14, s. 1]Canadian Armed Forces — permanent residentParagraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and whoduring the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; andhas met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the six years immediately before the date of his or her application.However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.Canadian Armed Forces — person attached or secondedParagraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.Grant of citizenshipThe Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, ifan application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child; andthe person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident.[Repealed, 2017, c. 14, s. 1]Waiver by Minister on compassionate groundsThe Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,in the case of any person, the requirements of paragraph (1)(d) or (e);in the case of a minor,[Repealed, 2017, c. 14, s. 1]the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),[Repealed, 2017, c. 14, s. 1]the requirement respecting the taking of the oath of citizenship, orthe requirement respecting who may make an application in respect of a minor set out in paragraph (1.04)(a); and[Repealed, 2017, c. 14, s. 1]in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of a mental disability, the requirement to take the oath.Disabled personsFor the purposes of this section, if an applicant for citizenship is a disabled person, the Minister shall take into consideration the measures that are reasonable to accommodate the needs of that person.Special casesDespite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.Statelessness — bloodline connectionThe Minister shall, on application, grant citizenship to a person whois born outside Canada after the coming into force of this subsection;has a birth parent who was a citizen at the time of the birth;is less than 23 years of age;has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;has always been stateless; andhas not been convicted of any of the following offences:a terrorism offence, as defined in section 2 of the Criminal Code,an offence under section 47, 51 or 52 of the Criminal Code,an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Foreign Interference and Security of Information Act, ora conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraph (ii) or (iii).No oath requiredA person who is granted citizenship under subsection (5) is not required to take the oath of citizenship.R.S., 1985, c. C-29, s. 5; R.S., 1985, c. 44 (3rd Supp.), s. 1; 1992, c. 21, s. 7; 2000, c. 12, s. 75; 2001, c. 27, s. 228; 2003, c. 22, s. 149(E); 2008, c. 14, s. 4; 2014, c. 22, s. 3; 2017, c. 14, s. 12024, c. 16, s. 57
Adoptees — minorsSubject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoptionwas in the best interests of the child;created a genuine relationship of parent and child;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;did not occur in a manner that circumvented the legal requirements for international adoptions; andwas not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.Adoptees — adultsSubject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, ifthere 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; andthe adoption meets the requirements set out in paragraphs (1)(c) to (d).Quebec adoptionsSubject to subsection (4), 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 on or after January 1, 1947 — or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day — ifthe Quebec authority responsible for international adoptions advises, in writing, that in its opinion the adoption meets the requirements of Quebec law governing adoptions; andthe adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.Not applicable — after first generationNo person who is adopted may be granted citizenship under any of subsections (1) to (3)if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; orif, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.Exception — child or grandchild of person in service abroadSubsection (4) does not apply to a person who wasadopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; oradopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.Exception — Canada and Newfoundland and LabradorParagraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 ifonly one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); andthe other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).2007, c. 24, s. 2; 2008, c. 14, s. 13; 2014, c. 22, s. 4
Citizenship by way of grant under section 5.1 — grandchild of person in service abroadA person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of subparagraphs 3(3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; ora parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.2014, c. 22, s. 5
Rights and obligationsA citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person.1974-75-76, c. 108, s. 5
Loss of Citizenship
No loss except as providedA person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1).R.S., 1985, c. C-29, s. 7; 2008, c. 14, s. 5; 2014, c. 22, s. 6
[Repealed, 2008, c. 14, s. 6]
Renunciation of citizenshipSubject to subsection (2.1), a citizen may, on application, renounce his citizenship if heis a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada;is not the subject of a declaration by the Governor in Council made pursuant to section 20;is not a minor;is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; anddoes not reside in Canada.Ministerial discretion to waive requirementsThe Minister may, in the Minister’s discretion, waive on compassionate grounds the requirements of paragraph (1)(d) or (e).ExceptionNo application for renunciation may be made if the Minister has provided the applicant with a notice referred to in subsection 10(3) or has commenced an action under subsection 10.1(1) for a declaration in respect of the applicant until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.Processing of application suspendedIf an application for renunciation is made and the Minister subsequently provides the applicant with a notice referred to in subsection 10(3) or commences an action under subsection 10.1(1) for a declaration in respect of the applicant, the processing of that application is suspended until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be.Certificate of renunciationIf an application under subsection (1) is approved by the Minister, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or any later day that the certificate may specify.R.S., 1985, c. C-29, s. 9; 1992, c. 21, s. 8; 2014, c. 22, s. 7; 2017, c. 14, s. 2
Revocation by Minister — fraud, false representation, etc.Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.[Repealed, 2017, c. 14, s. 3]NoticeBefore a person’s citizenship or renunciation of citizenship may be revoked, the Minister shall provide the person with a written notice thatadvises the person of his or her right to make written representations;specifies the form and manner in which the representations must be made;sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; andadvises the person that the case will be referred to the Court unless the person requests that the case be decided by the Minister.Representations and request for decision by MinisterThe person may, within 60 days after the day on which the notice is sent, or within any extended time that the Minister may allow for special reasons,make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless; andrequest that the case be decided by the Minister.Consideration of representationsThe Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.HearingA hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.Referral to CourtThe Minister shall refer the case to the Court under subsection 10.1(1) unlessthe person has made written representations under paragraph (3.1)(a) and the Minister is satisfiedon a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, orthat considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; orthe person has made a request under paragraph (3.1)(b).Notice of decisionThe Minister shall provide his or her decision to the person in writing.R.S., 1985, c. C-29, s. 10; 2014, c. 22, s. 8; 2017, c. 14, s. 3
Revocation for fraud — declaration of CourtUnless a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.[Repealed, 2017, c. 14, s. 4]Effect of declarationA declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.ProofFor the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in sections 34, 35, 35.1 or 37 of the Immigration and Refugee Protection Act, the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.2014, c. 22, s. 8; 2017, c. 14, s. 42023, c. 19, s. 14
PresumptionFor the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship.2014, c. 22, s. 8
[Repealed, 2017, c. 14, s. 5]
[Repealed, 2017, c. 14, s. 5]
InadmissibilityOn the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.PartyWhen a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1).Removal orderA declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it is made, without the necessity of holding or continuing an examination or an admissibility hearing under that Act. The removal order is a deportation order as provided for in regulations made under that Act.ProcedureIf a declaration is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1).EvidenceIf a declaration sought under subsection (1) is not denied under subsection (4), the Courtshall assess the facts — whether acts or omissions — alleged in support of the declaration on the basis of reasonable grounds to believe that they have occurred, are occurring or may occur;shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(1); andwith respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.Single judgmentThe Court shall issue a single judgment in respect of the declarations sought under subsections (1) and 10.1(1).2014, c. 22, s. 8; 2017, c. 14, s. 5.1
No appeal from interlocutory judgmentDespite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or 10.5(1).2014, c. 22, s. 8; 2017, c. 14, s. 6
No appeal unless question statedAn appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.2014, c. 22, s. 8
Resumption of Citizenship
Resumption by applicationThe Minister shall grant citizenship to any person who, having ceased to be a citizen,makes an application for resumption of citizenship;is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;is not the subject of a declaration made under section 20;is not under a removal order; andhas become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident,been physically present in Canada for at least 365 days during the two years immediately before the date of the application, andmet any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.[Repealed, 2017, c. 14, s. 7]Canadian Armed Forces — permanent residentParagraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and whoduring the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; andhas met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.Canadian Armed Forces — person attached or secondedParagraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.Automatic acquisition of citizenshipNotwithstanding any other provision of this Act, a woman, whoby virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, andwould have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality,acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen.R.S., 1985, c. C-29, s. 11; 2001, c. 27, s. 229; 2005, c. 17, s. 1; 2008, c. 14, s. 7; 2014, c. 22, s. 9; 2017, c. 14, s. 7
Evidence of Citizenship
Application for evidence of citizenshipThe Minister shall, on application by a person, determine whether they are a citizen and, if they are,subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; orsubject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.Providing evidence of citizenship on acquisitionAfter a person acquires citizenship as a result of an application under section 5 or 5.1 or subsection 11(1), the Minister shallissue a certificate of citizenship to the person; orprovide the person with some other means to establish their citizenship.R.S., 1985, c. C-29, s. 12; 2008, c. 14, ss. 8, 13; 2014, c. 22, s. 102023, c. 26, s. 301
Procedure
ApplicationsAn application is to be accepted for processing under this Act only if all of the following conditions are satisfied:the application is made in the form and manner and at the place required under this Act;it includes the information required under this Act;it is accompanied by any supporting evidence and fees required under this Act.R.S., 1985, c. C-29, s. 13; 2008, c. 14, s. 9; 2014, c. 22, s. 11
Suspension of processingThe Minister may suspend the processing of an application for as long as is necessary to receiveany information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies with respect to the applicant; andin the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the determination as to whether a removal order is to be made against the applicant.2014, c. 22, s. 11
Abandonment of applicationThe Minister may treat an application as abandonedif the applicant fails, without reasonable excuse, when required by the Minister under section 23.1,in the case where the Minister requires additional information or evidence without requiring an appearance, to provide the additional information or evidence by the date specified, orin the case where the Minister requires an appearance for the purpose of providing additional information or evidence, to appear at the time and at the place — or at the time and by the means — specified or to provide the additional information or evidence at his or her appearance; orin the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails, without reasonable excuse, to appear and take the oath at the time and at the place — or at the time and by the means — specified in an invitation from the Minister.Effect of abandonmentIf the Minister treats an application as abandoned, no further action is to be taken with respect to it.2014, c. 22, s. 11
Consideration by citizenship judgeIf an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on which the application is referred:subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); andsubparagraph 11(1)(d)(i), in the case of an application for resumption of citizenship under subsection 11(1).Interruption of proceedingsDespite subsection (1), the citizenship judge is not authorized to make a determination untilthe completion of any investigation or inquiry for the purpose of ascertaining whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies to the applicant; andif the applicant is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, a determination as to whether a removal order is to be made against that applicant.Application returned to MinisterDespite subsection (1), the citizenship judge is not authorized to make a determination ifafter the completion of an investigation or inquiry referred to in paragraph (1.1)(a), it is determined that section 20 or 22 applies to the applicant; andafter an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant.Notice to MinisterWithout delay after making a determination under subsection (1) in respect of an application, the citizenship judge shall approve or not approve the application in accordance with his or her determination, notify the Minister accordingly and provide the Minister with the reasons for his or her decision.Notice to applicantIf a citizenship judge does not approve an application under subsection (2), the citizenship judge shall without delay notify the applicant of his or her decision, of the reasons for it and of the right to apply for judicial review.[Repealed, 2014, c. 22, s. 12]R.S., 1985, c. C-29, s. 14; 1995, c. 15, s. 23; 2001, c. 27, s. 230; 2008, c. 14, s. 10; 2014, c. 22, s. 12; 2017, c. 14, s. 8
Obligation — answer truthfullyA person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.R.S., 1985, c. C-29, s. 15; 2014, c. 22, s. 13
[Repealed, 2014, c. 22, s. 13]
[Repealed, 2014, c. 22, s. 13]
[Repealed, 2014, c. 22, s. 14]
DefinitionsThe following definitions apply in this section and sections 19.1, 19.2 and 20.Review Agency means the National Security and Intelligence Review Agency. (Office de surveillance)threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)Report to Review AgencyThe Minister may make a report to the Review Agency if the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person has engaged, is engaging or may engage in activitythat constitutes a threat to the security of Canada; orthat is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment.Notice to be sent to person affectedThe Minister shall, within ten days after a report is made pursuant to subsection (2), cause a notice to be sent informing the person referred to in that subsection of the report and stating that following an investigation in relation thereto, a declaration with respect to that person may be made by the Governor in Council under section 20.Application of the National Security and Intelligence Review Agency ActWhere a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.Investigation to ceaseIf the Review Agency is of the opinion that it cannot perform its duties described in subsections (4), (5) and (6), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2).Statement to be sent to person affectedThe Review Agency shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person with respect to whom the report is made a statement summarizing such information available to it as will enable the person to be as fully informed as possible of the circumstances giving rise to the report.ReportThe Review Agency shall, on completion of an investigation made pursuant to subsection (4), make a report to the Governor in Council on all matters relating thereto and shall, at the same time as or after the report is made, provide the complainant with the conclusions of the report.R.S., 1985, c. C-29, s. 19; 1992, c. 1, s. 144(F); 1997, c. 22, s. 1; 2014, c. 22, s. 152019, c. 13, s. 242019, c. 13, s. 25
Appointment of a judgeAfter consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Agency described in subsections 19(4), (5) and (6).Tenure and re-appointmentThe appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.Remuneration and expensesThe appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.1997, c. 22, s. 22019, c. 13, s. 25
ReferralThe Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Agency has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3).Application of subsections 19(4), (5) and (6)Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee.1997, c. 22, s. 22019, c. 13, s. 25
Annual reportThe person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.1997, c. 22, s. 2; 2005, c. 10, s. 14
Declaration by Governor in Council — securityDespite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 if, after considering the report made under subsection 19(6) by the Review Agency or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b).Effect on applications and appealsIf a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be refused and any related application for judicial review or appeal is deemed to be dismissed.Expiration of declarationA declaration made under subsection (1) ceases to have effect 10 years after the day on which it is made.Further declarationNotwithstanding that a declaration has been previously made under subsection 20(1) with respect to a person, the Governor in Council may, after considering any further application made by that person, make a further declaration under that subsection with respect to that person.Conclusive proofNotwithstanding anything in this Act or any other Act of Parliament, a declaration by the Governor in Council under subsection (1) is conclusive of the matters stated therein in relation to an application for citizenship or for the issue of a certificate of renunciation.R.S., 1985, c. C-29, s. 20; 1997, c. 22, s. 3; 2014, c. 22, s. 162019, c. 13, s. 25
Periods not counted as physical presenceDespite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person, under any enactment in force in Canada,has been under a probation order;has been a paroled inmate; orhas served a term of imprisonment.R.S., 1985, c. C-29, s. 21; 2014, c. 22, s. 17; 2017, c. 14, s. 9
Representation or advice for considerationEvery person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.Persons who may represent or adviseSubsection (1) does not apply toa lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;any other member in good standing of a law society of a province; ora member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.Students-at-lawSubsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.Agreement or arrangement with Her MajestySubsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.[Repealed, 2019, c. 29, s. 293][Repealed, 2019, c. 29, s. 293][Repealed, 2019, c. 29, s. 293][Repealed, 2019, c. 29, s. 293]Meaning of proceedingFor greater certainty, in this section proceeding does not include a proceeding before a superior court.2014, c. 22, s. 182019, c. 29, s. 293
ProhibitionDespite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenshipwhile the person, under any enactment in force in Canada,is under a probation order,is a paroled inmate, oris serving a term of imprisonment;while the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;while the person is serving a sentence outside Canada for an offence under any Act of Parliament;while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;subject to subsection (1.1), while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;while the person is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, subject to or a party to an appeal relating to, an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;if the person has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;if the person has not obtained the authorization to return to Canada required under subsection 52(1) of the Immigration and Refugee Protection Act;if the person directly or indirectly misrepresents or withholds material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act;if, during the five years immediately before the person’s application, the person was prohibited from being granted citizenship or taking the oath of citizenship under paragraph (e.1); orif, during the 10 years immediately before the person’s application, the person ceased to be a citizen under paragraph 10(1)(a), as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, or under subsection 10(1) or 10.1(3).[Repealed, 2017, c. 14, s. 10]WaiverThe Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compassionate grounds.ProhibitionDespite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act,during the four-year period immediately before the date of the person’s application; orduring the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship.Prohibition — conviction of offence outside CanadaDespite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred duringthe four-year period immediately before the date of the person’s application; orthe period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship.Prohibition — specific casesDespite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person, before or after the coming into force of this subsection and while the person was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section;was convicted of a terrorism offence as defined in section 2 of the Criminal Code — or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section — and sentenced to at least five years of imprisonment;was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously;was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 47 of the Criminal Code and sentenced to imprisonment for life;was convicted under the National Defence Act of a terrorism offence as defined in subsection 2(1) of that Act and sentenced to at least five years of imprisonment;was convicted of an offence described in section 16 or 17 of the Foreign Interference and Security of Information Act and sentenced to imprisonment for life;was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 16 or 17 of the Foreign Interference and Security of Information Act and sentenced to imprisonment for life; orserved as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada.Exceptional circumstancesIf the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person.Prohibition — taking oathDespite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship.R.S., 1985, c. C-29, s. 22; R.S., 1985, c. 30 (3rd Supp.), s. 11; 1992, c. 47, s. 67, c. 49, s. 124; 1999, c. 31, s. 42; 2000, c. 24, s. 33; 2001, c. 27, s. 231; 2008, c. 14, s. 11; 2014, c. 22, s. 19; 2017, c. 14, s. 102024, c. 16, s. 57
Judicial Review
Application for judicial review only with leaveAn application for judicial review with respect to any matter under this Act may be made only with leave of the Court.Application for leaveThe following provisions govern an application for leave:the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter;a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; andno appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.Application by MinisterThe Minister may make an application in respect of a decision of a citizenship judge.2014, c. 22, s. 20
Judicial reviewThe following provisions govern the judicial review:the judge who grants leave shall fix the day and place for a hearing;the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day;the judge shall dispose of the application without delay and in a summary way; andan appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.2014, c. 22, s. 20
RulesWith the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply.2014, c. 22, s. 20
Inconsistency with Federal Courts ActIn the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act, this Part prevails to the extent of the inconsistency.2014, c. 22, s. 20
Administration
Delegation of authorityAnything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization.R.S., 1985, c. C-29, s. 23; 2014, c. 22, s. 21
Additional information, evidence or appearanceThe Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance.2014, c. 22, s. 22
SeizureThe Minister may seize and detain any document that is provided to him or her for the purposes of this Act if he or she has reasonable grounds to believe that it was fraudulently or improperly obtained or used or that the measure is necessary to prevent its fraudulent or improper use.2017, c. 14, s. 11
Requirement to take oath of citizenshipWhere a person is required under this Act to take the oath of citizenship, the person shall swear or affirm in the form set out in the schedule and in accordance with the regulations.1974-75-76, c. 108, s. 23
Evidence of declarationsAny declaration made under this Act or prior legislation or any regulations made thereunder may be proved in any legal proceeding by the production of the original declaration or of any copy thereof certified to be a true copy by the Minister, and the production of the declaration or copy is conclusive evidence of the contents thereof and of the person named therein as declarant having made the declaration at the date therein mentioned.Proof of certificates or other documentsA certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information.R.S., 1985, c. C-29, s. 25; 2014, c. 22, s. 23
Citizenship judgesThe Governor in Council may appoint any citizen to be a citizenship judge.DutiesIn addition to his other duties set out in this Act, a citizenship judge shall perform such other duties as the Minister prescribes for carrying into effect the purposes and provisions of this Act.1974-75-76, c. 108, s. 25
RegulationsThe Governor in Council may make regulations[Repealed, 2014, c. 22, s. 24]respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;providing for the remission of fees referred to in paragraph (b);providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;providing for various criteria that may be applied to determine whether a personhas an adequate knowledge of one of the official languages of Canada, orhas an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;[Repealed, 2008, c. 14, s. 12]providing for the factors to be considered in determining whether the requirements set out in section 5.1 are met;providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) are met;providing for the circumstances in which a review of an application under section 5.1 is suspended;prescribing the procedures to be followed in the referral of applications to citizenship judges;prescribing the procedures to be followed by citizenship judges in the performance of their duties;prescribing the ceremonial procedures to be followed by citizenship judges;respecting the taking of the oath of citizenship;providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;prescribing the procedures to be followed in relation to a document that may be seized under section 23.2, including in relation to its seizure, storage, return and disposition;providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;providing for the renunciation of citizenship by personswho are citizens under paragraph 3(1)(f) or (g),who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), orwho are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications;establishing a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (k.7) and setting the amounts of those administrative monetary penalties;designating as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act;prohibiting acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (k.7);providing for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (k.7);providing the circumstances in which the Minister may require a person, or a person who is a member of a class of persons, who makes an application or request or who provides any document, information or evidence under this Act to do so using any means that are specified by the Minister; andgenerally, to carry out the purposes and provisions of this Act.ConditionsRegulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.Right to request reviewAny regulation made under paragraph (1)(k.6) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.Appointment — orderThe Governor in Council may, by order, appoint one or more citizens or permanent residents, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(k.6) and to perform any other function conferred on them by a regulation made under that paragraph.TenureA person appointed by order under subsection (4) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time.R.S., 1985, c. C-29, s. 27; 2007, c. 24, s. 3; 2008, c. 14, s. 12; 2013, c. 33, s. 170; 2014, c. 22, s. 24; 2015, c. 9, s. 10; 2017, c. 14, s. 122019, c. 29, s. 2942023, c. 26, s. 2982023, c. 26, s. 302
Laying of proposed regulationsThe Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(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.ExceptionNo 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 regulationsThe 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).2007, c. 24, s. 3.1; 2014, c. 22, s. 25
Regulations — MinisterThe Minister may make regulationsprescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and specifying the information and evidence that is to be provided in support of them;respecting the acceptance for processing of applications made under this Act by a person who has been represented or advised by a third party for consideration;with regard to the requirements of paragraphs 5(1)(d) and (e),respecting the procedures to be followed or evaluation methods or tools to be used in determining whether an applicant meets those requirements or any of the criteria provided for under paragraph 27(1)(d),respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, andrespecting what constitutes evidence that an applicant meets those requirements or criteria; andrequiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.2014, c. 22, s. 26; 2017, c. 14, s. 13
Regulations — electronic meansThe Minister may make regulations respecting the application of section 28.2 and paragraph 28.3(b), including regulations respectingthe technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; andthe date and time when, and the place where, an electronic version of an application, request, notice, decision, determination or document or any information or evidence is deemed to be sent or received.Electronic and other meansThe regulations made under subsection (1) may include provisions requiring a person who makes an application or request or who provides any document, information or evidence under this Act to do so using electronic means, including an electronic system, and provisions respecting such means, including such a system. The regulations may also include provisions prescribing the circumstances in which the application, request, document, information or evidence may be provided by other means and respecting those other means.Electronic paymentsThe regulations may also include provisionsrequiring that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system and respecting such a system;prescribing the circumstances in which such payments may be made or evidence of such payments may be provided by other means and respecting such other means; andrespecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.2023, c. 26, s. 304
Service Fees ActThe Service Fees Act does not apply in respect of a fee for services provided in the administration of this Act.2013, c. 33, s. 171; 2014, c. 22, s. 44; 2017, c. 20, s. 454
Powers of MinisterThe Minister may prescribe the forms of applications, certificates and other documents required for the purposes of this Act.1974-75-76, c. 108, s. 27
Sunset — after five yearsSection 14 expires five years after the day on which subsection 22.1(3) comes into force unless, before then, the Minister extends its application for up to five years.Sunset — further periods of up to five yearsThe Minister may, before the expiry of each extended period, extend the application of that section for up to five years.Sunset — subsection 22.1(3)Subsection 22.1(3) expires 30 days after the day on which section 14 expires.2014, c. 22, s. 27
Electronic Administration and Enforcement
Power — MinisterThe Minister may administer and enforce this Act using electronic means.Power — citizenship judges and RegistrarA citizenship judge and the Registrar of Canadian Citizenship may, in the exercise of their powers and performance of their duties and functions under this Act, use the electronic means that are made available or specified by the Minister.DelegationA person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.Decision or determination — automated systemFor greater certainty, an electronic system, including an automated system, may be used to process an application, proceed with an examination or make a decision or determination under this Act.2023, c. 26, s. 305
Conditions for electronic versionIf any provision of this Act or the regulations requires a signature or any information or evidence to be provided, an application, request, decision or determination to be made, a notice to be given or any other document to be issued or otherwise provided, the electronic version of the signature, information or evidence, application, request, decision or determination, notice or other document is satisfied by its electronic version, ifthe electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; andany other requirements that may be prescribed are met.2023, c. 26, s. 305
For greater certaintyFor greater certainty, if any provision of this Act or the regulations authorizes the Minister to require that any document, information or evidence be provided, the Minister is not precluded by this Part from requiring that the document, information or evidence, as the case may be, be provided in accordance with that provision.2023, c. 26, s. 305
Offences
Definition of document of citizenshipFor the purposes of this section, document of citizenship means a certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation.Indictable offences and punishmentA person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years if that personobtains or uses a document of citizenship of another person to personate that other person;knowingly permits a document of citizenship relating to him or her to be used by another person to personate him or her; oris in possession of a document of citizenship that he or she knows has been unlawfully issued or altered, or counterfeited.Offences and punishmentA person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years if that personwithout lawful authority issues, provides or alters a document of citizenship;counterfeits a document of citizenship;uses, acts on or causes or attempts to cause any person to use or act on a document of citizenship, knowing it to have been unlawfully issued, provided or altered or to have been counterfeited; ortraffics in documents of citizenship or has such documents in his or her possession for the purpose of trafficking.IdemA person who contravenes any provision of this Act or the regulations for the contravention of which no fine or imprisonment is provided in this Act is guilty of an offence punishable on summary conviction.R.S., 1985, c. C-29, s. 29; 2014, c. 22, s. 28
Contravention of subsection 21.1(1)A person who commits an offence under subsection 21.1(1) is liableon conviction on indictment, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; oron summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both.2014, c. 22, s. 292019, c. 29, s. 295
Counselling misrepresentationEvery person commits an offence who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act.MisrepresentationEvery person commits an offence who knowinglyfor any of the purposes of this Act, directly or indirectly, makes any false representation, commits fraud or conceals any material circumstances;communicates directly or indirectly, by any means, false or misleading information or representations with the intent to induce a person to make, or deter a person from making, an application to become a citizen, to obtain a certificate of citizenship or another document establishing citizenship or to renounce citizenship; orrefuses to answer a question put to him or her at an interview or a proceeding held under this Act.PenaltiesEvery person who commits an offence under subsection (1) or (2)is guilty of an indictable offence and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; oris guilty of an offence punishable on summary conviction and is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.2014, c. 22, s. 29
Where offence is committed outside CanadaAn act or omission that would, if committed in Canada, be an offence under this Act is, if committed outside Canada, an offence under this Act.JurisdictionWhere a person has committed outside Canada an act or omission that is an offence under this Act, the offence is within the competence of and may be tried and punished by any court having jurisdiction in respect of similar offences in the place in Canada where that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.1974-75-76, c. 108, s. 29
Limitation periodAny proceedings in respect of an offence under this Act or the regulations that is punishable on summary conviction may be instituted at any time within but not later than 10 years after the time when the offence was committed.R.S., 1985, c. C-29, s. 31; 2014, c. 22, s. 30
Status of Persons in Canada
Citizen of the CommonwealthEvery person who, under an enactment of a Commonwealth country other than Canada, is a citizen or national of that country has in Canada the status of a citizen of the Commonwealth.British subjectFor the purposes of any law in force in Canada on and after February 15, 1977 that refers to the status of British subject, the status so described shall refer to the status of Canadian citizen or citizen of the Commonwealth or both as the intent of that law may require.1974-75-76, c. 108, s. 31
Citizen of IrelandAny law of Canada and any regulation made thereunder shall, unless it otherwise provides, have effect in relation to a citizen of Ireland who is not a citizen of the Commonwealth in like manner as it has in relation to a citizen of the Commonwealth.1974-75-76, c. 108, s. 32
RightsSubject to section 35,real and personal property of every description may be taken, acquired, held and disposed of by a person who is not a citizen in the same manner in all respects as by a citizen; anda title to real and personal property of every description may be derived through, from or in succession to a person who is not a citizen in the same manner in all respects as though through, from or in succession to a citizen.1974-75-76, c. 108, s. 33
Authority to prohibit or restrict acquisitions of property in a province by non-CanadiansSubject to subsection (3), the Lieutenant Governor in Council of a province or such other person or authority in the province as is designated by the Lieutenant Governor in Council thereof is authorized to prohibit, annul or in any manner restrict the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in the province by persons who are not citizens or by corporations or associations that are effectively controlled by persons who are not citizens.RegulationsThe Lieutenant Governor in Council of a province may make regulations applicable in the province for the purposes of determiningwhat transactions constitute a direct or an indirect taking or acquisition of any interest in real property located in the province;what constitutes effective control of a corporation or association by persons who are not citizens; andwhat constitutes an association.RestrictionSubsections (1) and (2) do not operate so as to authorize or permit the Lieutenant Governor in Council of a province, or such other person or authority as is designated by the Lieutenant Governor in Council thereof, to make any decision or take any action thatprohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in a province by a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;conflicts with any legal obligation of Canada under any international law, custom or agreement;discriminates as between persons who are not citizens on the basis of their nationalities, except in so far as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement;hinders any foreign state in taking or acquiring real property located in a province for diplomatic or consular purposes; orprohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real property located in a province by any person in the course or as a result of an investment that the Minister is satisfied or is deemed to be satisfied is likely to be of net benefit to Canada under the Investment Canada Act.R.S., 1985, c. C-29, s. 35; R.S., 1985, c. 28 (1st Supp.), s. 49; 2001, c. 27, s. 232
Offences and punishmentEvery person who fails to comply with any prohibition, annulment or restriction made pursuant to subsection 35(1) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both.Officers, etc., of corporationsWhere a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.1974-75-76, c. 108, s. 33
Coming into forceSections 35 and 36 shall come into force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island, Saskatchewan and Newfoundland and Labrador or in Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of the Governor in Council declaring those sections to be in force in that Province or any of those territories.R.S., 1985, c. C-29, s. 37; 1993, c. 28, s. 78; 2002, c. 7, s. 131; 2015, c. 3, s. 172
DisabilitiesSections 34 and 35 do not operate so as toqualify any person for any office or for any municipal, parliamentary or other franchise;qualify any person to be the owner of a Canadian ship;qualify any person to take, acquire, hold or dispose of any property that under or pursuant to any Act of Parliament may be taken, acquired, held or disposed of only by citizens;entitle any person to any right or privilege as a Canadian citizen except such rights and privileges in respect of property as are by this Act expressly given to the person; oraffect any estate or interest in real or personal property to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883, or in pursuance of any devolution by law on the death of any person dying before July 4, 1883.1974-75-76, c. 108, s. 33
TrialA person who is not a citizen is triable at law in the same manner as if the person were a citizen.1974-75-76, c. 108, s. 34
(Section 24)Oath or Affirmation of CitizenshipI swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.R.S., 1985, c. C-29, Sch.2021, c. 13, s. 1RELATED PROVISIONS — 1997, c. 22, s. 10
Citizenship ActIf, before section 1 of this Act comes into force, a legal proceeding has been commenced with respect to an investigation under subsection 19(4) of the Citizenship Act, a final decision in that proceeding that the Review Committee must cease its investigation is deemed to be a decision of the Review Committee under subsection 19(4.1) of that Act, as enacted by subsection 1(2) of this Act.
 — 2014, c. 22, s. 31, as amended by 2015, c. 9, s. 11
Existing applications — sections 5, 5.1, 9 and 11Subject to subsections (2) and (3), an application that was made under subsection 5(1), (2), or (5), 5.1(1), (2) or (3), 9(1) or 11(1) of the Citizenship Act before the day on which subsection 2(2) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance withthe provisions of that Act — except section 3, subsection 5(4), sections 5.1 and 14 and paragraph 22(1)(f) — as they read immediately before that day; andthe following provisions of that Act as they read on that day:section 3,paragraph 5(2)(b) and subsection 5(4),section 5.1 other than paragraph (1)(c.1),sections 13.1 to 14, andparagraphs 22(1)(a.1), (a.2), (b.1), (e.1), (e.2) and (f) and subsections 22(1.1), (3) and (4).Order in councilOn the day on which section 11 comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that section 11.Order in councilOn the day on which section 8 comes into force, the reference to section 11 in subsection (1) is replaced by a reference to that section 8.Paragraphs 5(1)(c) and 11(1)(d)On the day on which subsection 2(2) comes into forcethe reference to section 8 in subsection (1) is replaced by a reference to that subsection 2(2); andthe requirement described in paragraph 5(1)(c) or 11(1)(d) of that Act, as enacted by subsections 3(1) and 9(2), respectively, that a person have no unfulfilled conditions relating to their status as a permanent resident, applies to an application referred to in subsection (1).
 — 2014, c. 22, s. 32
Reports under former section 10If, immediately before the day on which section 8 comes into force, the Minister, within the meaning of the Citizenship Act, was entitled to make or had made a report referred to in section 10 of that Act, as that section 10 read immediately before that day, the matter is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.
 — 2014, c. 22, s. 33
Judicial review — subsection 10(1)If a matter is the subject of an order that is made under subsection 10(1) of the Citizenship Act before the day on which section 8 comes into force or as a result of the application of section 32 or subsection 40(1) and that is set aside by the Federal Court and referred back for determination, the matter is to be determined by the Governor in Council in accordance with that subsection 10(1) as it read immediately before that day.
 — 2014, c. 22, s. 34
Existing applications — subsections 5(1.2) and (1.3) and 11(1.1) and (1.2)Subject to subsection (2), subsections 5(1.2) and (1.3) and 11(1.1) and (1.2) of the Citizenship Act, as enacted by subsections 3(3) and 9(3), respectively, continue to apply in respect of applications that were made before the day on which subsections 3(4) and 9(4) come into force and were not finally disposed of before that day.ExceptionThe requirement described in subsections 5(1.2) and 11(1.1) of the Citizenship Act, as enacted by subsections 3(4) and 9(4), respectively, that a person have no unfulfilled conditions relating to his or her status as a permanent resident applies in respect of applications referred to in subsection (1).
 — 2014, c. 22, s. 35
Redetermination of decisions — sections 5, 9 and 11Any decision that is made under section 5, 9 or 11 of the Citizenship Act before the day on which subsection 12(1) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after the day on which that subsection comes into force is to be determined in accordance with that Act as it reads on that day.
 — 2014, c. 22, s. 36
Expiry of section 14 — decisions under section 5 or 11In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, any decision that is made under section 5 or 11 of that Act before the day on which that section 14 expires and that is set aside by the Federal Court and sent back for a redetermination on or after that day is to be determined in accordance with that Act as it reads on that day.
 — 2014, c. 22, s. 37
Existing applications — subsection 12(1)An application that was made under subsection 12(1) of the Citizenship Act before the day on which subsection 2(2) comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance withthe provisions of that Act — except section 3 — as they read immediately before that day; andsection 3 of that Act as it reads on that day.Order in councilOn the day on which subsection 2(2) comes into force, the reference to subsection 3(7) in subsection (1) is replaced by a reference to that subsection 2(2).
 — 2014, c. 22, s. 38
Existing applications — expiry of section 14In the event that section 14 of the Citizenship Act expires in accordance with section 28.1 of that Act, every application that is referred to a citizenship judge for determination under that section 14 and in respect of which a decision to approve or not to approve is not made before the expiry of that section 14 is to be dealt with and disposed of in accordance with the provisions of that Act, as if that section 14 had been repealed.
 — 2014, c. 22, s. 39
Existing appeals and judicial review applicationsAn appeal under subsection 14(5) of the Citizenship Act — or an application for judicial review with respect to any matter under that Act — that was commenced before the day on which section 20 comes into force and was not finally disposed of before that day is to be dealt with and disposed of in accordance with that Act and the Federal Courts Act as they read immediately before that day.
 — 2014, c. 22, s. 40
Proceeding pendingA proceeding that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be dealt with and disposed of in accordance with that Act, as it read immediately before that day.Revocation cases — sections 34, 35 and 37 of Immigration and Refugee Protection ActAny proceeding with respect to allegations that a person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act, that is pending before the Federal Court immediately before the day on which section 8 comes into force, as a result of a referral under section 18 of the Citizenship Act as that section 18 read immediately before that day, is to be continued as a proceeding under subsection 10.1(1) of the Citizenship Act, as enacted by section 8.Minister of Public Safety and Emergency PreparednessIn a proceeding that is continued as set out in subsection (2), the Minister of Citizenship and Immigration, on the request of the Minister of Public Safety and Emergency Preparedness, may seek a declaration that the person is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organ­ized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.Other casesIf, immediately before the coming into force of section 8, a notice has been given under subsection 18(1) of the Citizenship Act, as that subsection read immediately before that coming into force, and the case is not provided for under section 32 or any of subsections (1) to (3), the notice is cancelled and any proceeding arising from it is terminated on that coming into force, in which case the Minister, within the meaning of that Act, may provide the person to whom that notice was given a notice under subsection 10(3) of that Act, as enacted by section 8, or may commence an action for a declaration in respect of that person under subsection 10.1(1) of that Act, as enacted by section 8.
 — 2017, c. 14, s. 14
Presence in Canada — pending applicationsParagraphs 5(1)(c) and 14(1)(a) of the Citizenship Act, as they read immediately before the day on which subsection 1(1) comes into force, apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
 — 2017, c. 14, s. 15
Presence in Canada — pending applications (subsections 1(1) and (2))If subsection 1(1) comes into force before subsection 1(2), then paragraph 5(1)(c) of the Citizenship Act, as it read immediately before the day on which subsection 1(2) comes into force, applies to a person whose application for citizenship is made on or after the day on which subsection 1(1) comes into force but before the day on which subsection 1(2) comes into force and has not been finally disposed of before the day on which subsection 1(2) comes into force.
 — 2017, c. 14, s. 16
Intention to reside in Canada — citizenship grantedParagraph 5(1)(c.1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, is deemed never to have applied to a person whose application for citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that subsection comes into force.
 — 2017, c. 14, s. 17
Intention to reside in Canada — pending applicationsParagraph 5(1)(c.1) of the Citizenship Act, as it read immediately before the day on which subsection 1(5) comes into force, does not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
 — 2017, c. 14, s. 17.1
Knowledge of Canada and official languagesUntil the day on which subsection 1(6) comes into force, paragraphs 5(1)(d) and (e) of the Citizenship Act are replaced by the following:if 18 years of age or more but less than 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;if 18 years of age or more but less than 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
 — 2017, c. 14, s. 18
Knowledge of Canada and official language — pending applicationsParagraphs 5(1)(d) and (e) of the Citizenship Act, as enacted by subsection 1(6), apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
 — 2017, c. 14, s. 19
Knowledge of Canada and official language (minors) —  pending applicationsParagraphs 5(2)(c) and (d) of the Citizenship Act, as they read immediately before the day on which subsection 1(9) comes into force, do not apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.
 — 2017, c. 14, s. 19.1
Decisions sent back for redeterminationAny decision that is made under subsection 10(1) of the Citizenship Act as it read immediately before the day on which subsection 3(2) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after that day is to be determined in accordance with that Act as it reads on that day.Pending proceedingsA proceeding that is pending before the Federal Court before the day on which subsection 3(2) comes into force as a result of an action commenced under subsection 10.1(1) of the Citizenship Act is to be dealt with and disposed of in accordance with that Act as it read immediately before that day.
 — 2017, c. 14, s. 20
Citizenship deemed not to have been revokedA person whose citizenship was revoked under subsection 10(2) of the Citizenship Act, as it read immediately before the day on which section 3 comes into force, is deemed never to have had their citizenship revoked.
 — 2017, c. 14, s. 20.1
Request — new procedureIf, before the day on which subsection 3(2) comes into force, a notice has been given to a person under subsection 10(3) of the Citizenship Act and a decision has not been made by the Minister before that day, the person may, within 30 days after that day, request to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of that Act as it reads on that day.
 — 2017, c. 14, s. 21
Intention to reside in Canada — citizenship granted (resumption)Paragraph 11(1)(e) of the Citizenship Act, as it read immediately before the day on which section 7 comes into force, is deemed never to have applied to a person whose application for resumption of citizenship was made on or after June 11, 2015 and who was granted citizenship before the day on which that section comes into force.
 — 2017, c. 14, s. 22
Intention to reside in Canada — pending applications (resumption)Paragraph 11(1)(e) of the Citizenship Act, as it read immediately before the day on which section 7 comes into force, does not apply to a person whose application for resumption of citizenship was made on or after June 11, 2015 but before the day on which that section comes into force and has not been finally disposed of before the day on which that section comes into force.
 — 2017, c. 14, s. 23
Persons serving term of imprisonment — pending applicationsParagraph 21(c) and subparagraph 22(1)(a)(iii) of the Citizenship Act, as enacted by subsections 9(2) and 10(2), respectively, apply to a person whose application has not been finally disposed of before the day on which section 9 comes into force.
 — 2017, c. 14, s. 24
Prohibition — taking oathSubsection 22(6) of the Citizenship Act applies to a person who made an application under subsection 5(1) or (2) or 11(1) of that Act before June 11, 2015 and who is required under that Act to take the oath of citizenship to become a citizen but has not done so before the day on which this section comes into force.
 — 2023, c. 19, s. 23
Referral to committeeAs soon as possible after the third anniversary of the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing those provisions.ReportThe committee to which the provisions are referred is to review them and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
AMENDMENTS NOT IN FORCE — 2023, c. 26, s. 300
The Citizenship Act is amended by adding the following after section 2:Biometric Information
Biometric information — collection, use, etc.The Minister may, for the purpose of administering and enforcing this Act, collect, use, verify, retain and disclose biometric information in accordance with the regulations.
Provision of biometric informationSubject to subsection (2) and the regulations, a person who makes an application or request under this Act must provide the biometric information specified by the regulations in accordance with the procedures set out in the regulations for the collection and verification of biometric information.Exceptional circumstancesIf the Minister considers that exceptional circumstances warrant it, the Minister may, on the Minister’s own initiative, decide that subsection (1) does not apply in respect of a class of persons and may specify the biometric information that a person who is a member of that class is to provide and the procedure to follow for the collection and verification of that biometric information.
 — 2023, c. 26, ss. 302(1), (2)
Subsection 27(1) of the Act is amended by adding the following before paragraph (b):respecting the application of section 2.2, including regulations respectingrestrictions on the persons to whom and on the applications or requests to which that section applies,the biometric information that is to be provided,the circumstances in which a person is not required to provide certain biometric information, andthe circumstances in which a person is exempt from the application of that section;Paragraph 27(1)(k.1) of the Act is replaced by the following:providing for the collection, retention, use, verification, disclosure and disposal of information for the purposes of this Act;
 — 2023, c. 26, s. 303
Subsection 27.2 of the Act is amended by adding the following after paragraph (a):respecting the procedures for the collection and verification of biometric information;respecting the processing of collected biometric information, including the creation of biometric templates;
2024, c. 162024-08-192023, c. 192023-06-222023, c. 262023-06-222019, c. 292021-11-232021, c. 132021-06-222019, c. 132019-07-122019, c. 292019-06-21