Citizenship Act (R.S.C., 1985, c. C-29)

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• (3) [Repealed, 2008, c. 14, s. 3]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  • (b) [Repealed, 2017, c. 14, s. 1]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    • (ii) [Repealed, 2017, c. 14, s. 1]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  • (c.1) [Repealed, 2017, c. 14, s. 1]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 Foreign Interference and 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.