Citizenship Act

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.

• Marginal note:Revocation by Minister — convictions relating to national security

  (2) The Minister may revoke a person’s citizenship if the person, before or after the coming into force of this subsection and while the person was a citizen,

  • (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; or

  • (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.

• Marginal note:Notice

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

  • (a) the person’s right to make written representations;

  • (b) the period within which the person may make his or her representations and the form and manner in which they must be made; and

  • (c) the grounds on which the Minister is relying to make his or her 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:Notice of decision

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