Short Title

Marginal note:Short title

1 This Act may be cited as the Citizenship Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  certificate of citizenship

  certificat de citoyenneté

  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

  certificat de naturalisation

  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

  certificat de répudiation

  certificate of renunciation means a certificate of renunciation issued under section 9; (certificat de répudiation)

  child

  enfant

  child includes a child adopted or legitimized in accordance with the laws of the place where the adoption or legitimation took place; (enfant)

  citizen

  citoyen

  citizen means a Canadian citizen; (citoyen)

  citizenship

  citoyenneté

  citizenship means Canadian citizenship; (citoyenneté)

  citizenship judge

  juge de la citoyenneté

  citizenship judge means a citizenship judge appointed under section 26; (juge de la citoyenneté)

  common-law partner

  conjoint de fait

  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

  Cour

  Court means the Federal Court — Trial Division; (Cour)

  disability

  disability[Repealed, 1992, c. 21, s. 6]

  former Act

  ancienne loi

  former Act means the Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970; (ancienne loi)

  Minister

  ministre

  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

  mineur

  minor means a person who has not attained the age of eighteen years; (mineur)

  prior legislation

  législation antérieure

  prior legislation means any Act respecting naturalization or citizenship that was in force in Canada at any time before February 15, 1977. (législation antérieure)

• Marginal note:Interpretation

  (2) For the purposes of this Act,

  • (a) a person is deemed to be born in Canada if the person is born on a Canadian ship as defined in the Canada Shipping Act, on an air cushion vehicle registered in Canada under that Act or on an aircraft registered in Canada under the Aeronautics Act and regulations made thereunder;

  • (b) 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; and

  • (c) a person against whom a removal order has been made remains under that order

    • (i) unless 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, or

    • (ii) until the order has been executed.

PART IThe Right to Citizenship

Marginal note:Persons who are citizens

• 3 (1) Subject to this Act, a person is a citizen if

  • (a) the person was born in Canada after February 14, 1977;

  • (b) 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;

  • (c) 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;

  • (d) the person was a citizen immediately before February 15, 1977; or

  • (e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.

• Marginal note:Not applicable to children of foreign diplomats, etc.

  (2) 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 was

  • (a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;

  • (b) an employee in the service of a person referred to in paragraph (a); or

  • (c) an 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).

Marginal note:Deserted child

• 4 (1) For 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.

• Marginal note:Child born after death of parent

  (2) For 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.

• Marginal note:Person born of Canadian parent outside Canada

  (3) For the purposes of paragraph 3(1)(e), a person otherwise entitled under paragraph 5(1)(b) of the former Act to become a citizen immediately before February 15, 1977 remains so entitled notwithstanding that his birth is registered, after February 14, 1977, in accordance with the regulations made under the former Act,

  • (a) within two years after the occurrence of his birth; or

  • (b) within such extended period as the Minister may authorize after February 15, 1977 or has authorized before that date.

Marginal note:Grant of citizenship

• 5 (1) The Minister shall grant citizenship to any person who

  • (a) makes application for citizenship;

  • (b) is eighteen years of age or over;

  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:

    • (i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and

    • (ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;

  • (d) has an adequate knowledge of one of the official languages of Canada;

  • (e) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

  • (f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.

• Marginal note:Residence

  (1.1) Any 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 of Canada in or with the Canadian armed forces or the public service of Canada or of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).

• Marginal note:Idem

  (2) The Minister shall grant citizenship to any person who

  • (a) 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 if an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child; or

  • (b) was born outside Canada, before February 15, 1977, of a mother who was a citizen at the time of his birth, and was not entitled, immediately before February 15, 1977, to become a citizen under subparagraph 5(1)(b)(i) of the former Act, if, before February 15, 1979, or within such extended period as the Minister may authorize, an application for citizenship is made to the Minister by a person authorized by regulation to make the application.

• Marginal note:Waiver by Minister on compassionate grounds

  (3) The Minister may, in his discretion, waive on compassionate grounds,

  • (a) in the case of any person, the requirements of paragraph (1)(d) or (e);

  • (b) in the case of a minor, the requirement respecting age set out in paragraph (1)(b), the requirement respecting length of residence in Canada set out in paragraph (1)(c) or the requirement to take the oath of citizenship; and

  • (c) 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.

• Marginal note:Special cases

  (4) In order to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada, and notwithstanding any other provision of this Act, the Governor in Council may, in his discretion, direct the Minister to grant citizenship to any person and, where such a direction is made, the Minister shall forthwith grant citizenship to the person named in the direction.

Marginal note:Rights and obligations

6 A 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.

PART IILoss of Citizenship

Marginal note:No loss except as herein provided

7 A person who is a citizen shall not cease to be a citizen except in accordance with this Part.

Marginal note:Citizens born abroad

8 Where a person who was born outside Canada after February 14, 1977 is a citizen for the reason that at the time of his birth one of his parents was a citizen by virtue of paragraph 3(1)(b) or (e), that person ceases to be a citizen on attaining the age of twenty-eight years unless that person

• (a) makes application to retain his citizenship; and

• (b) registers as a citizen and either resides in Canada for a period of at least one year immediately preceding the date of his application or establishes a substantial connection with Canada.

Marginal note:Renunciation of citizenship

• 9 (1) A citizen may, on application, renounce his citizenship if he

  • (a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada;

  • (b) is not the subject of a declaration by the Governor in Council made pursuant to section 20;

  • (c) is not a minor;

  • (d) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and

  • (e) does not reside in Canada.

• Marginal note:Ministerial discretion to waive requirements

  (2) The Minister may, in the Minister’s discretion, waive on compassionate grounds the requirements of paragraph (1)(d) or (e).

• Marginal note:Certificate of renunciation

  (3) Where an application for renunciation is approved, 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 such later day as the certificate may specify.

Marginal note:Order in cases of fraud

• 10 (1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances,

  • (a) the person ceases to be a citizen, or

  • (b) the renunciation of citizenship by the person shall be deemed to have had no effect,

  as of such date as may be fixed by order of the Governor in Council with respect thereto.

• Marginal note:Presumption

  (2) A person shall be deemed to have obtained citizenship by false representation or fraud or by knowingly concealing material circumstances if the person was lawfully admitted to Canada for permanent residence by false representation or fraud or by knowingly concealing material circumstances and, because of that admission, the person subsequently obtained citizenship.

PART IIIResumption of Citizenship

Marginal note:Resumption by application

• 11 (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

  • (a) makes an application for resumption of citizenship;

  • (b) is not the subject of an order of or a declaration by the Governor in Council made pursuant to section 10 or 20 of this Act or section 18 of the former Act;

  • (c) is not under a removal order; and

  • (d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and has, since having ceased to be a citizen and become a permanent resident, resided in Canada for at least one year immediately preceding the date of the application.

• Marginal note:Automatic acquisition of citizenship

  (2) Notwithstanding any other provision of this Act, a woman, who

  • (a) by 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, and

  • (b) would 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.

PART IVCertificate of Citizenship

Marginal note:Application for certificate of citizenship

• 12 (1) Subject to any regulations made under paragraph 27(i), the Minister shall issue a certificate of citizenship to any citizen who has made application therefor.

• Marginal note:Issue of certificate

  (2) Where an application under section 5 or 8 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.

• Marginal note:When effective

  (3) A certificate issued pursuant to this section does not take effect until the person to whom it is issued has complied with the requirements of this Act and the regulations respecting the oath of citizenship.

PART VProcedure

Marginal note:Applications and registrations

13 Where an application is made or a notice is given pursuant to this Act or a registration is made pursuant to section 8,

• (a) it shall be made or given in such form and manner and at such place, and

• (b) such evidence shall be provided and such fees shall be paid with respect thereto,

as are prescribed by the Minister pursuant to this Act or by the regulations.

Marginal note:Consideration by citizenship judge

• 14 (1) An application for

  • (a) a grant of citizenship under subsection 5(1),

  • (b) a retention of citizenship under section 8,

  • (c) a renunciation of citizenship under subsection 9(1), or

  • (d) a resumption of citizenship under subsection 11(1)

  shall be considered by a citizenship judge who shall, within sixty days of the day the application was referred to the judge, determine whether or not the person who made the application meets the requirements of this Act and the regulations with respect to the application.

• Marginal note:Interruption of proceedings

  (1.1) Where an applicant is a permanent resident who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.

• (1.2) [Repealed, 2001, c. 27, s. 230]

• Marginal note:Advice to Minister

  (2) Forthwith after making a determination under subsection (1) in respect of an application referred to therein but subject to section 15, the citizenship judge shall approve or not approve the application in accordance with his determination, notify the Minister accordingly and provide the Minister with the reasons therefor.

• Marginal note:Notice to applicant

  (3) Where a citizenship judge does not approve an application under subsection (2), the judge shall forthwith notify the applicant of his decision, of the reasons therefor and of the right to appeal.

• Marginal note:Sufficiency

  (4) A notice referred to in subsection (3) is sufficient if it is sent by registered mail to the applicant at his latest known address.

• Marginal note:Appeal

  (5) The Minister or the applicant may appeal to the Court from the decision of the citizenship judge under subsection (2) by filing a notice of appeal in the Registry of the Court within sixty days after the day on which

  • (a) the citizenship judge approved the application under subsection (2); or

  • (b) notice was mailed or otherwise given under subsection (3) with respect to the application.

• Marginal note:Decision final

  (6) A decision of the Court pursuant to an appeal made under subsection (5) is, subject to section 20, final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.

Marginal note:Recommendation re use of discretion

• 15 (1) Where a citizenship judge is unable to approve an application under subsection 14(2), the judge shall, before deciding not to approve it, consider whether or not to recommend an exercise of discretion under subsection 5(3) or (4) or subsection 9(2) as the circumstances may require.

• Marginal note:Subsequent action

  (2) Where a citizenship judge makes a recommendation for an exercise of discretion under subsection (1), the judge shall

  • (a) notify the applicant;

  • (b) transmit the recommendation to the Minister with the reasons therefor; and

  • (c) in accordance with the decision that has been made in respect of his recommendation, forthwith on the communication of the decision to the judge approve or not approve the application.

Marginal note:Section 28 of Federal Court Act

16 Notwithstanding section 28 of the Federal Court Act, the Federal Court of Appeal does not have jurisdiction to hear and determine an application to review and set aside a decision made under this Act if the decision may be appealed under section 14 of this Act.

Marginal note:Suspension of processing of application

17 Where a person has made an application under this Act and the Minister is of the opinion that there is insufficient information to ascertain whether that person meets the requirements of this Act and the regulations with respect to the application, the Minister may suspend the processing of the application for the period, not to exceed six months immediately following the day on which the processing is suspended, required by the Minister to obtain the necessary information.

Marginal note:Notice to person in respect of revocation

• 18 (1) The Minister shall not make a report under section 10 unless the Minister has given notice of his intention to do so to the person in respect of whom the report is to be made and

  • (a) that person does not, within thirty days after the day on which the notice is sent, request that the Minister refer the case to the Court; or

  • (b) that person does so request and the Court decides that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.

• Marginal note:Nature of notice

  (2) The notice referred to in subsection (1) shall state that the person in respect of whom the report is to be made may, within thirty days after the day on which the notice is sent to him, request that the Minister refer the case to the Court, and such notice is sufficient if it is sent by registered mail to the person at his latest known address.

• Marginal note:Decision final

  (3) A decision of the Court made under subsection (1) is final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.

Marginal note:Definitions

• 19 (1) In this section and sections 19.1, 19.2 and 20, Review Committee and threats to the security of Canada have the same meanings as in the Canadian Security Intelligence Service Act.

• Marginal note:Report to Review Committee

  (2) Where 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 will engage in activity

  • (a) that constitutes a threat to the security of Canada, or

  • (b) that 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,

  the Minister may make a report to the Review Committee.

• Marginal note:Notice to be sent to person affected

  (3) The 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.

• Marginal note:Application of the Canadian Security Intelligence Service Act

  (4) Where a report is made to the Review Committee pursuant to subsection (2), the Review Committee shall investigate the grounds on which it is based and for that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security Intelligence Service Act apply, with such modifications as the circumstances require, to the investigation as if the investigation were conducted in relation to a complaint made pursuant to section 42 of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.

• Marginal note:Investigation to cease

  (4.1) If the Review Committee 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).

• Marginal note:Statement to be sent to person affected

  (5) The Review Committee 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.

• Marginal note:Report

  (6) The Review Committee 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.

Marginal note:Appointment of a judge

• 19.1 (1) After 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 Committee described in subsections 19(4), (5) and (6).

• Marginal note:Tenure and re-appointment

  (2) The 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.

• Marginal note:Remuneration and expenses

  (3) The 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.

Marginal note:Referral

• 19.2 (1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Committee 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).

• Marginal note:Application of subsections 19(4), (5) and (6)

  (2) Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee.

Marginal note:Annual reports

19.3 The person appointed under subsection 19.1(1) must, not later than September 30 in each fiscal year, submit to the Solicitor General of Canada a report of the activities of the person during the preceding fiscal year and the Solicitor General of Canada must cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Solicitor General of Canada receives it.

Marginal note:Declaration by the Governor in Council in matters of security

• 20 (1) Notwithstanding 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 where, after considering the report made under subsection 19(6) by the Review Committee 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 will engage in an activity described in paragraph 19(2)(a) or (b).

• Marginal note:Applications and appeals deemed rejected

  (2) Where 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 not approved and any appeal made by him under subsection 14(5) is deemed to be dismissed.

• Marginal note:Expiration of declaration

  (3) A declaration made under subsection (1) ceases to have effect two years after the day on which it was made.

• Marginal note:Further declaration

  (4) Notwithstanding 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.

• Marginal note:Conclusive proof

  (5) Notwithstanding 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.

Marginal note:Periods not counted as residence

21 Notwithstanding anything in this Act, no period may be counted as a period of residence for the purpose of this Act during which a person has been, pursuant to any enactment in force in Canada,

• (a) under a probation order;

• (b) a paroled inmate; or

• (c) confined in or been an inmate of any penitentiary, jail, reformatory or prison.

Marginal note:Prohibition

• 22 (1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship

  • (a) while the person is, pursuant to any enactment in force in Canada,

    • (i) under a probation order,

    • (ii) a paroled inmate, or

    • (iii) confined in or is an inmate of any penitentiary, jail, reformatory or prison;

  • (b) while the person is charged with, on trial for or subject to or a party to an appeal relating to an offence under subsection 29(2) or (3) or an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;

  • (c) 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;

  • (d) 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;

  • (e) if the person has not obtained the authorization to return to Canada required under subsection 52(1) of the Immigration and Refugee Protection Act; or

  • (f) if, during the five years immediately preceding the person’s application, the person ceased to be a citizen pursuant to subsection 10(1).

• Marginal note:Idem

  (2) Notwithstanding anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship if,

  • (a) during the three year period immediately preceding the date of the person’s application, or

  • (b) during the period between the date of the person’s application and the date that the person would otherwise be granted citizenship or take the oath of citizenship,

  the person has been convicted of an offence under subsection 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act.

PART VIAdministration

Marginal note:Delegation of authority

23 Anything that is required to be done or that may be done by the Minister under this Act or the regulations may be done on behalf of the Minister by any person authorized by the Minister in writing to act on his behalf without proof of the authenticity of the authorization.

Marginal note:Requirement to take oath of citizenship

24 Where 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.

Marginal note:Evidence of declarations

• 25 (1) Any 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.

• Marginal note:Evidence of certificates

  (2) A certificate of citizenship, a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or of a document that is certified by the Minister as bearing the same information as the original certificate.

Marginal note:Citizenship judges

• 26 (1) The Governor in Council may appoint any citizen to be a citizenship judge.

• Marginal note:Duties

  (2) In 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.

Marginal note:Regulations

27 The Governor in Council may make regulations

• (a) prescribing the manner in which and the place at which applications and registrations are to be made and notices are to be given under this Act and the evidence that is to be provided with respect thereto;

• (b) fixing fees for

  • (i) the making of any application under this Act,

  • (ii) the issuing of any certificate under this Act,

  • (iii) the registration of any person as a citizen under this Act,

  • (iv) the provision of any certified or uncertified copy of a document from the records kept in the course of the administration of this Act or prior legislation,

  • (v) the administration of any oath, solemn affirmation or declaration filed, made, issued, delivered or administered pursuant to this Act or the regulations, or

  • (vi) any search of the records referred to in subparagraph (iv);

• (c) providing for the remission of fees referred to in paragraph (b);

• (d) providing for various criteria that may be applied to determine whether a person

  • (i) has an adequate knowledge of one of the official languages of Canada,

  • (ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, or

  • (iii) has a substantial connection with Canada;

• (e) prescribing the procedures to be followed in the referral of applications to citizenship judges;

• (f) prescribing the procedures to be followed by citizenship judges in the performance of their duties;

• (g) prescribing the ceremonial procedures to be followed by citizenship judges;

• (h) respecting the taking of the oath of citizenship;

• (i) providing for the number of copies of any certificate, declaration or other document made or issued under this Act or prior legislation or any regulations made thereunder that any person is entitled to have;

• (j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization or certificates of renunciation issued or granted under this Act or prior legislation or any regulations made thereunder if there is reason to believe that the holder thereof may not be entitled thereto or has contravened any of the provisions of this Act;

• (k) providing for the surrender and cancellation of certificates referred to in paragraph (j) where the holder thereof has ceased to be entitled thereto; and

• (l) generally, to carry out the purposes and provisions of this Act.

Marginal note:Powers of Minister

28 The Minister may prescribe the forms of applications, certificates and other documents required for the purposes of this Act.

PART VIIOffences

Marginal note:Definition of “certificate”

• 29 (1) For the purposes of this section, certificate means a certificate of citizenship, a certificate of naturalization or a certificate of renunciation.

• Marginal note:Offences and punishment

  (2) A person who

  • (a) for any of the purposes of this Act makes any false representation, commits fraud or knowingly conceals any material circumstances,

  • (b) obtains or uses a certificate of another person in order to personate that other person,

  • (c) knowingly permits his certificate to be used by another person to personate himself, or

  • (d) traffics in certificates or has in his possession any certificate for the purpose of trafficking,

  is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.

• Marginal note:Idem

  (3) A person who

  • (a) without lawful authority issues or alters a certificate,

  • (b) counterfeits a certificate, or

  • (c) uses, acts on or causes or attempts to cause any person to use or act on a certificate, knowing it to have been unlawfully issued or altered or to have been counterfeited,

  is guilty of an indictable offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both.

• Marginal note:Idem

  (4) A 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.

Marginal note:Where offence is committed outside Canada

• 30 (1) An 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.

• Marginal note:Jurisdiction

  (2) Where 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.

Marginal note:Limitation period

31 Any 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 three years after the time when the offence was committed.

PART VIIIStatus of Persons in Canada

Marginal note:Citizen of the Commonwealth

• 32 (1) Every 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.

• Marginal note:British subject

  (2) For 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.

Marginal note:Citizen of Ireland

33 Any 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.

Marginal note:Rights

34 Subject to section 35,

• (a) 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; and

• (b) a 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.

Marginal note:Authority to prohibit or restrict acquisitions of property in a province by non-Canadians

• 35 (1) Subject 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.

• Marginal note:Regulations

  (2) The Lieutenant Governor in Council of a province may make regulations applicable in the province for the purposes of determining

  • (a) what transactions constitute a direct or an indirect taking or acquisition of any interest in real property located in the province;

  • (b) what constitutes effective control of a corporation or association by persons who are not citizens; and

  • (c) what constitutes an association.

• Marginal note:Restriction

  (3) Subsections (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 that

  • (a) prohibits, 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;

  • (b) conflicts with any legal obligation of Canada under any international law, custom or agreement;

  • (c) 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;

  • (d) hinders any foreign state in taking or acquiring real property located in a province for diplomatic or consular purposes; or

  • (e) prohibits, 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.

Marginal note:Offences and punishment

• 36 (1) Every 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.

• Marginal note:Officers, etc., of corporations

  (2) Where 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.

Marginal note:Coming into force

37 Sections 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 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.

Marginal note:Disabilities

38 Sections 34 and 35 do not operate so as to

• (a) qualify any person for any office or for any municipal, parliamentary or other franchise;

• (b) qualify any person to be the owner of a Canadian ship;

• (c) 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;

• (d) 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; or

• (e) affect 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.

Marginal note:Trial

39 A person who is not a citizen is triable at law in the same manner as if the person were a citizen.