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

  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

  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

  certificate of renunciation means, unless a contrary intention appears, a certificate of renunciation issued under this Act; (certificat de répudiation)

  child

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

  citizen

  citizen means a Canadian citizen; (citoyen)

  citizenship

  citizenship means Canadian citizenship; (citoyenneté)

  citizenship judge

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

  common-law partner

  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

  Court means the Federal Court; (Cour)

  disability

  disability[Repealed, 1992, c. 21, s. 6]

  former Act

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

  Minister

  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

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

  prior legislation

  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 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;

  • (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;

  • (c.1) the person has been granted citizenship under section 5.1;

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

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

  • (f) 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:

    • (i) the person renounced his or her citizenship under any of the following provisions:

      • (A) 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),

      • (B) paragraph 19(2)(c) of the Canadian Citizenship Act, R.S.C. 1952, c. 33,

      • (C) 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,

      • (D) subparagraph 18(1)(b)(iii) of the former Act,

      • (E) section 8 of the Citizenship Act, S.C. 1974-75-76, c. 108, or

      • (F) section 9 of this Act,

    • (ii) the person’s citizenship was revoked for false representation, fraud or concealment of material circumstances under any of the following provisions:

      • (A) paragraph 21(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,

      • (B) paragraph 19(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8,

      • (C) 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,

      • (D) 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,

      • (E) paragraph 18(1)(a) of the former Act,

      • (F) section 9 of the Citizenship Act, S.C. 1974-75-76, c. 108, or

      • (G) section 10 of this Act, or

    • (iii) the 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;

  • (g) 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;

  • (h) 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;

  • (i) 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:

    • (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,

    • (ii) subsection 5(1) or (4) or 11(1) of this Act, or

    • (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;

  • (j) 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;

  • (k) 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;

  • (l) 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;

  • (m) 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;

  • (n) 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;

  • (o) 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;

  • (p) 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;

  • (q) 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; or

  • (r) the 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.

• Marginal note:For greater certainty

  (1.01) For 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.

• Marginal note:Citizen despite death of parent

  (1.1) A 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).

• Marginal note:Citizen despite death of parent

  (1.2) A 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).

• Marginal note:Citizen despite death of parent

  (1.3) A 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.

• Marginal note:Citizen despite death of parent

  (1.4) A 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.

• 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:Not applicable — paragraphs (1)(k), (m), (o) and (q)

  (2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if

  • (a) before 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; or

  • (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently

    • (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or

    • (ii) had 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).

• Marginal note:Not applicable — paragraphs (1)(b), (g) and (h)

  (2.2) 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 subsequently

  • (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or

  • (b) had 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).

• Marginal note:Not applicable — paragraphs (1)(l), (n), (p) and (r)

  (2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if

  • (a) before 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; or

  • (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently

    • (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or

    • (ii) had 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).

• Marginal note:Not applicable — paragraphs (1)(b), (g) and (h)

  (2.4) 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 subsequently

  • (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or

  • (b) had 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).

• Marginal note:Not applicable — after first generation

  (3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada

  • (a) if, 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;

  • (a.1) 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;

  • (a.2) 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; or

  • (b) if, 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:

    • (i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,

    • (ii) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,

    • (iii) 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),

    • (iv) 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),

    • (v) 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),

    • (vi) 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),

    • (vii) 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, or

    • (viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act.

• Marginal note:Exception — transitional provision

  (4) Subsection (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.

• Marginal note:Exception — transitional provision

  (4.1) Subsection (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.

• Marginal note:Exception — child or grandchild of person in service abroad

  (5) Subsection (3) does not apply to a person

  • (a) born 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;

  • (b) 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; or

  • (c) born 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.

• Marginal note:Citizenship other than by way of grant — grandchild of person in service abroad

  (5.1) A 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) 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; or

  • (b) 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.

• Marginal note:Non-application of subsection (5.1)

  (5.2) 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.

• Marginal note:Citizenship other than by way of grant

  (6) A 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.

• Marginal note:Citizenship other than by way of grant — certain children born after February 14, 1977

  (6.1) A 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 if

  • (a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or

  • (b) he 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).

• Marginal note:Citizenship other than by way of grant

  (6.2) A 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.

• Marginal note:Deemed application

  (6.3) A 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).

• Marginal note:Deemed application

  (7) Despite 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 force

  • (a) a 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:

    • (i) subsection 10(1) of the Citizenship Act, S.C. 1974-75-76, c. 108,

    • (ii) subsection 5(1) or (4) or 11(1) of this Act, or

    • (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;

  • (b) 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;

  • (c) 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;

  • (d) 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;

  • (e) 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;

  • (f) 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;

  • (g) 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;

  • (h) 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;

  • (i) 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;

  • (j) a person referred to in paragraph (1)(k) or (m) is deemed to be a citizen under that paragraph as of January 1, 1947;

  • (k) a person referred to in paragraph (1)(o) or (q) is deemed to be a citizen under that paragraph as of January 1, 1947;

  • (l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and

  • (m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949.

• Marginal note:Limitation

  (8) For any period before the day on which subsection (7) first takes effect with respect to a person,

  • (a) 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; and

  • (b) no 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.

• Marginal note:Definition of by way of grant

  (9) In 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.

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.

• (3) [Repealed, 2008, c. 14, s. 3]

Marginal note:Grant of citizenship

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

  • (a) makes application for citizenship;

  • (b) [Repealed, 2017, c. 14, s. 1]

  • (c) 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 has

    • (i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and

    • (ii) [Repealed, 2017, c. 14, s. 1]

    • (iii) 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;

  • (c.1) [Repealed, 2017, c. 14, s. 1]

  • (d) 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;

  • (e) 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; 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:Length of physical presence — calculation

  (1.001) For the purpose of subparagraph (1)(c)(i), the length of physical presence is calculated in the following manner:

  • (a) 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; and

  • (b) for 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.

• Marginal note:Period of physical presence — spouse or common-law partner of citizen

  (1.01) 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 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).

• Marginal note:Period of physical presence — permanent residents

  (1.02) Any 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).

• Marginal note:Period of physical presence — residing with permanent residents

  (1.03) Any 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).

• Marginal note:Application — minor

  (1.04) When the application referred to in paragraph (1)(a) is in respect of a minor, it must be

  • (a) made 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; and

  • (b) countersigned 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.

• Marginal note:Application made by minor

  (1.05) If 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.

• (1.1) [Repealed, 2017, c. 14, s. 1]

• Marginal note:Canadian Armed Forces — permanent resident

  (1.2) Paragraph (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 who

  • (a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and

  • (b) has 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.

• Marginal note:Canadian Armed Forces — person attached or seconded

  (1.3) Paragraph (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.

• Marginal note:Grant of citizenship

  (2) The 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, if

  • (a) 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; and

  • (b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident.

  • (c) and (d) [Repealed, 2017, c. 14, s. 1]

• Marginal note:Waiver by Minister on compassionate grounds

  (3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, 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,

    • (i) [Repealed, 2017, c. 14, s. 1]

    • (ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),

    • (iii) [Repealed, 2017, c. 14, s. 1]

    • (iv) the requirement respecting the taking of the oath of citizenship, or

    • (v) the requirement respecting who may make an application in respect of a minor set out in paragraph (1.04)(a); and

  • (b.1) [Repealed, 2017, c. 14, s. 1]

  • (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:Disabled persons

  (3.1) For 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.

• Marginal note:Special cases

  (4) Despite 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.

• Marginal note:Statelessness — bloodline connection

  (5) The Minister shall, on application, grant citizenship to a person who

  • (a) is born outside Canada after the coming into force of this subsection;

  • (b) has a birth parent who was a citizen at the time of the birth;

  • (c) is less than 23 years of age;

  • (d) 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;

  • (e) has always been stateless; and

  • (f) has not been convicted of any of the following offences:

    • (i) a terrorism offence, as defined in section 2 of the Criminal Code,

    • (ii) an offence under section 47, 51 or 52 of the Criminal Code,

    • (iii) an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Security of Information Act, or

    • (iv) a 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).

• Marginal note:No oath required

  (6) A person who is granted citizenship under subsection (5) is not required to take the oath of citizenship.

Marginal note:Adoptees — minors

• 5.1 (1) Subject 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 adoption

  • (a) was in the best interests of the child;

  • (b) created a genuine relationship of parent and child;

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

  • (c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and

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

• Marginal note:Adoptees — adults

  (2) Subject 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, if

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

  • (b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).

• Marginal note:Quebec adoptions

  (3) Subject 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 — if

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

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

• Marginal note:Not applicable — after first generation

  (4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)

  • (a) 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;

  • (a.1) 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;

  • (a.2) 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; or

  • (b) if, 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.

• Marginal note:Exception — child or grandchild of person in service abroad

  (5) Subsection (4) does not apply to a person who was

  • (a) adopted 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;

  • (b) 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; or

  • (c) adopted 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.

• Marginal note:Exception — Canada and Newfoundland and Labrador

  (6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if

  • (a) only 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); and

  • (b) the 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).

Marginal note:Citizenship by way of grant under section 5.1 — grandchild of person in service abroad

5.2 A 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) 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; or

• (b) 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.

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 provided

7 A 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).

8 [Repealed, 2008, c. 14, s. 6]

Marginal note:Renunciation of citizenship

• 9 (1) Subject to subsection (2.1), 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:Exception

  (2.1) No 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.

• Marginal note:Processing of application suspended

  (2.2) If 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.

• Marginal note:Certificate of renunciation

  (3) If 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.

Marginal note:Revocation by Minister — fraud, false representation, etc.

• 10 (1) 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.

• (2) [Repealed, 2017, c. 14, s. 3]

• Marginal note:Notice

  (3) Before a person’s citizenship or renunciation of citizenship may be revoked, the Minister shall provide the person with a written notice that

  • (a) advises the person of his or her right to make written representations;

  • (b) specifies the form and manner in which the representations must be made;

  • (c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

  • (d) advises the person that the case will be referred to the Court unless the person requests that the case be decided by the Minister.

• Marginal note:Representations and request for decision by Minister

  (3.1) The 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,

  • (a) 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; and

  • (b) request that the case be decided by the Minister.

• Marginal note:Consideration of representations

  (3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

• Marginal note:Hearing

  (4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.

• Marginal note:Referral to Court

  (4.1) The Minister shall refer the case to the Court under subsection 10.1(1) unless

  • (a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied

    • (i) on 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, or

    • (ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or

  • (b) the person has made a request under paragraph (3.1)(b).

• Marginal note:Notice of decision

  (5) The Minister shall provide his or her decision to the person in writing.

Marginal note:Revocation for fraud — declaration of Court

• 10.1 (1) Unless 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.

• (2) [Repealed, 2017, c. 14, s. 4]

• Marginal note:Effect of declaration

  (3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.

• Marginal note:Proof

  (4) For 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 section 34, 35 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.

Marginal note:Presumption

10.2 For 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.

10.3 [Repealed, 2017, c. 14, s. 5]

10.4 [Repealed, 2017, c. 14, s. 5]

Marginal note:Inadmissibility

• 10.5 (1) On 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.

• Marginal note:Party

  (2) When 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).

• Marginal note:Removal order

  (3) A 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.

• Marginal note:Procedure

  (4) If 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).

• Marginal note:Evidence

  (5) If a declaration sought under subsection (1) is not denied under subsection (4), the Court

  • (a) shall 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;

  • (b) 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); and

  • (c) with 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.

• Marginal note:Single judgment

  (6) The Court shall issue a single judgment in respect of the declarations sought under subsections (1) and 10.1(1).

Marginal note:No appeal from interlocutory judgment

10.6 Despite 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).

Marginal note:No appeal unless question stated

10.7 An 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.

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 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;

  • (b.1) is not the subject of a declaration made under section 20;

  • (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, 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,

    • (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

    • (ii) 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.

  • (e) [Repealed, 2017, c. 14, s. 7]

• Marginal note:Canadian Armed Forces — permanent resident

  (1.1) Paragraph (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 who

  • (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and

  • (b) has 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.

• Marginal note:Canadian Armed Forces — person attached or seconded

  (1.2) Paragraph (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.

• 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 IVEvidence of Citizenship

Marginal note:Application for evidence of citizenship

• 12 (1) The Minister shall — on application by a person — determine, including by way of an electronic system, whether they are a citizen and, if they are,

  • (a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or

  • (b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.

• Marginal note:Providing evidence of citizenship on acquisition

  (2) After a person acquires citizenship as a result of an application under section 5 or 5.1 or subsection 11(1), the Minister shall

  • (a) issue a certificate of citizenship to the person; or

  • (b) provide the person with some other means to establish their citizenship.

PART VProcedure

Marginal note:Applications

13 An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:

• (a) the application is made in the form and manner and at the place required under this Act;

• (b) it includes the information required under this Act;

• (c) it is accompanied by any supporting evidence and fees required under this Act.

Marginal note:Suspension of processing

13.1 The Minister may suspend the processing of an application for as long as is necessary to receive

• (a) any 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; and

• (b) in 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.

Marginal note:Abandonment of application

• 13.2 (1) The Minister may treat an application as abandoned

  • (a) if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1,

    • (i) 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, or

    • (ii) in 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; or

  • (b) in 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.

• Marginal note:Effect of abandonment

  (2) If the Minister treats an application as abandoned, no further action is to be taken with respect to it.

Marginal note:Consideration by citizenship judge

• 14 (1) If 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:

  • (a) subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);

  • (b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and

  • (c) subparagraph 11(1)(d)(i), in the case of an application for resumption of citizenship under subsection 11(1).

• Marginal note:Interruption of proceedings

  (1.1) Despite subsection (1), the citizenship judge is not authorized to make a determination until

  • (a) the 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; and

  • (b) if 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.

• Marginal note:Application returned to Minister

  (1.2) Despite subsection (1), the citizenship judge is not authorized to make a determination if

  • (a) after 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; and

  • (b) after an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant.

• Marginal note:Notice to Minister

  (2) Without 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.

• Marginal note:Notice to applicant

  (3) If 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.

• (4) to (6) [Repealed, 2014, c. 22, s. 12]

Marginal note:Obligation — answer truthfully

15 A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.

16 [Repealed, 2014, c. 22, s. 13]

17 [Repealed, 2014, c. 22, s. 13]

18 [Repealed, 2014, c. 22, s. 14]

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) The Minister may make a report to the Review Committee 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 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.

• 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 report

19.3 The 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.

Marginal note:Declaration by Governor in Council — security

• 20 (1) Despite 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 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 has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b).

• Marginal note:Effect on applications and appeals

  (2) If 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.

• Marginal note:Expiration of declaration

  (3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it is 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 physical presence

21 Despite 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,

• (a) has been under a probation order;

• (b) has been a paroled inmate; or

• (c) has served a term of imprisonment.

Marginal note:Representation or advice for consideration

• 21.1 (1) Every 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.

• Marginal note:Persons who may represent or advise

  (2) Subsection (1) does not apply to

  • (a) a 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;

  • (b) any other member in good standing of a law society of a province; or

  • (c) a member in good standing of a body designated under subsection (5).

• Marginal note:Students-at-law

  (3) Subsection (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.

• Marginal note:Agreement or arrangement with Her Majesty

  (4) Subsection (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.

• Marginal note:Designation by Minister

  (5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.

• Marginal note:Regulations — required information

  (6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.

• Marginal note:Regulations — transitional measures

  (7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures

  • (a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and

  • (b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act without contravening subsection (1).

• Marginal note:Persons made members of body

  (8) For greater certainty, nothing in the measures described in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.

• Meaning of proceeding

  (9) For greater certainty, in this section proceeding does not include a proceeding before a superior court.

Marginal note:Prohibition

• 22 (1) Despite 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

  • (a) while the person, under any enactment in force in Canada,

    • (i) is under a probation order,

    • (ii) is a paroled inmate, or

    • (iii) is serving a term of imprisonment;

  • (a.1) 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;

  • (a.2) while the person is serving a sentence outside Canada for an offence under any Act of Parliament;

  • (b) 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;

  • (b.1) 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;

  • (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;

  • (e.1) 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;

  • (e.2) 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); or

  • (f) if, 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).

  • (g) [Repealed, 2017, c. 14, s. 10]

• Marginal note:Waiver

  (1.1) The Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compassionate grounds.

• Marginal note:Prohibition

  (2) Despite 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,

  • (a) during the four-year period immediately before the date of the person’s application; or

  • (b) during 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.

• Marginal note:Prohibition — conviction of offence outside Canada

  (3) Despite 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 during

  • (a) the four-year period immediately before the date of the person’s application; or

  • (b) the 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.

• Marginal note:Prohibition — specific cases

  (4) Despite 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,

  • (a) 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;

  • (b) 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;

  • (c) 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;

  • (d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;

  • (e) 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;

  • (f) 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;

  • (g) was convicted of an offence described in section 16 or 17 of the Security of Information Act and sentenced to imprisonment for life;

  • (h) 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 Security of Information Act and sentenced to imprisonment for life; or

  • (i) served 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.

• Marginal note:Exceptional circumstances

  (5) If the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person.

• Marginal note:Prohibition — taking oath

  (6) Despite 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.

PART V.1Judicial Review

Marginal note:Application for judicial review only with leave

• 22.1 (1) An application for judicial review with respect to any matter under this Act may be made only with leave of the Court.

• Marginal note:Application for leave

  (2) The following provisions govern an application for leave:

  • (a) 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;

  • (b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;

  • (c) 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; and

  • (d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.

• Marginal note:Application by Minister

  (3) The Minister may make an application in respect of a decision of a citizenship judge.

Marginal note:Judicial review

22.2 The following provisions govern the judicial review:

• (a) the judge who grants leave shall fix the day and place for a hearing;

• (b) 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;

• (c) the judge shall dispose of the application without delay and in a summary way; and

• (d) an 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.

Marginal note:Rules

22.3 With 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.

Marginal note:Inconsistency with Federal Courts Act

22.4 In 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.

PART VIAdministration

Marginal note:Delegation of authority

23 Anything 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.

Marginal note:Additional information, evidence or appearance

23.1 The 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.

Marginal note:Seizure

23.2 The 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.

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:Proof of certificates or other documents

  (2) A 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.

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 (1) The Governor in Council may make regulations

  • (a) [Repealed, 2014, c. 22, s. 24]

  • (b) respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;

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

  • (c.1) 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;

  • (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, or

    • (ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;

    • (iii) [Repealed, 2008, c. 14, s. 12]

  • (d.1) providing for the factors to be considered in determining whether the requirements set out in section 5.1 are met;

  • (d.2) providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) are met;

  • (d.3) providing for the circumstances in which a review of an application under section 5.1 is suspended;

  • (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 declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;

  • (i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;

  • (i.2) 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;

  • (j) 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;

  • (j.1) providing for the renunciation of citizenship by persons

    • (i) who are citizens under paragraph 3(1)(f) or (g),

    • (ii) 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), or

    • (iii) who 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);

  • (j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);

  • (k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;

  • (k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;

  • (k.2) 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;

  • (k.3) 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;

  • (k.4) 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;

  • (k.5) 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; and

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

• Marginal note:Conditions

  (2) Regulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

Marginal note:Laying of proposed regulations

• 27.1 (1) The 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.

• Marginal note:Exception

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

• Marginal note:Making of regulations

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

Marginal note:Regulations — Minister

27.2 The Minister may make regulations

• (a) prescribing 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;

• (b) 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;

• (c) with regard to the requirements of paragraphs 5(1)(d) and (e),

  • (i) 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),

  • (ii) respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, and

  • (iii) respecting what constitutes evidence that an applicant meets those requirements or criteria; and

• (d) requiring 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.

Marginal note:Service Fees Act

27.3 The Service Fees Act does not apply in respect of a fee for services provided in the administration 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.

Marginal note:Sunset — after five years

• 28.1 (1) Section 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.

• Marginal note:Sunset — further periods of up to five years

  (2) The Minister may, before the expiry of each extended period, extend the application of that section for up to five years.

• Marginal note:Sunset — subsection 22.1(3)

  (3) Subsection 22.1(3) expires 30 days after the day on which section 14 expires.

PART VIIOffences

Definition of document of citizenship

• 29 (1) For 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.

• Marginal note:Indictable offences and punishment

  (2) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years if that person

  • (a) obtains or uses a document of citizenship of another person to personate that other person;

  • (b) knowingly permits a document of citizenship relating to him or her to be used by another person to personate him or her; or

  • (c) is in possession of a document of citizenship that he or she knows has been unlawfully issued or altered, or counterfeited.

• Marginal note:Offences and punishment

  (3) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years if that person

  • (a) without lawful authority issues, provides or alters a document of citizenship;

  • (b) counterfeits a document of citizenship;

  • (c) 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; or

  • (d) traffics in documents of citizenship or has such documents in his or her possession for the purpose of trafficking.

• 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:Contravention of subsection 21.1(1)

29.1 A person who commits an offence under subsection 21.1(1) is liable

• (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; or

• (b) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Counselling misrepresentation

• 29.2 (1) Every 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.

• Marginal note:Misrepresentation

  (2) Every person commits an offence who knowingly

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

  • (b) 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; or

  • (c) refuses to answer a question put to him or her at an interview or a proceeding held under this Act.

• Marginal note:Penalties

  (3) Every person who commits an offence under subsection (1) or (2)

  • (a) 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; or

  • (b) is 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.

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 10 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 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.

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.