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

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:Regulations — electronic means

• 27.21 (1) The Minister may make regulations respecting the application of section 28.2 and paragraph 28.3(b), including regulations respecting

  • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

  • (b) the date and time when, and the place where, an electronic version of an application, request, notice, decision, determination or document or any information or evidence is deemed to be sent or received.

• Marginal note:Electronic and other means

  (2) The regulations made under subsection (1) may include provisions requiring a person who makes an application or request or who provides any document, information or evidence under this Act to do so using electronic means, including an electronic system, and provisions respecting such means, including such a system. The regulations may also include provisions prescribing the circumstances in which the application, request, document, information or evidence may be provided by other means and respecting those other means.

• Marginal note:Electronic payments

  (3) The regulations may also include provisions

  • (a) requiring that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system and respecting such a system;

  • (b) prescribing the circumstances in which such payments may be made or evidence of such payments may be provided by other means and respecting such other means; and

  • (c) respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

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 VI.1Electronic Administration and Enforcement

Marginal note:Power — Minister

• 28.2 (1) The Minister may administer and enforce this Act using electronic means.

• Marginal note:Power — citizenship judges and Registrar

  (2) A citizenship judge and the Registrar of Canadian Citizenship may, in the exercise of their powers and performance of their duties and functions under this Act, use the electronic means that are made available or specified by the Minister.

• Marginal note:Delegation

  (3) A person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.

• Marginal note:Decision or determination — automated system

  (4) For greater certainty, an electronic system, including an automated system, may be used to process an application, proceed with an examination or make a decision or determination under this Act.

Marginal note:Conditions for electronic version

28.3 If any provision of this Act or the regulations requires a signature or any information or evidence to be provided, an application, request, decision or determination to be made, a notice to be given or any other document to be issued or otherwise provided, the electronic version of the signature, information or evidence, application, request, decision or determination, notice or other document is satisfied by its electronic version, if

• (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

• (b) any other requirements that may be prescribed are met.

Marginal note:For greater certainty

28.4 For greater certainty, if any provision of this Act or the regulations authorizes the Minister to require that any document, information or evidence be provided, the Minister is not precluded by this Part from requiring that the document, information or evidence, as the case may be, be provided in accordance with that provision.

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 $200,000 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 $40,000 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.