Citizenship Regulations, No. 2 (SOR/2015-124)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Citizenship Act. (Loi)

ICCRC

ICCRC means the Immigration Consultants of Canada Regulatory Council, incorporated under Part II of the Canada Corporations Act on February 18, 2011. (CRCIC)

legal guardian

legal guardian in respect of a child who has not attained the age of 18 years, means a person who has custody of the child or who is empowered to act on the child’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur)

parent

parent has the same meaning as in section 2 of the Regulations. (parent)

permanent resident

permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

prescribed form

prescribed form means the form prescribed under section 28 of the Act. (formule prescrite)

Regulations

Regulations means the Citizenship Regulations. (règlement)

Grant of Citizenship

Marginal note:Application under subsection 5(1) of Act

• 2 (1) An application made under subsection 5(1) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) evidence that establishes the applicant’s date and place of birth;

  • (b) any document created by the Canadian immigration authorities, or other evidence, that establishes the date on which the applicant became a permanent resident;

  • (c) evidence that establishes that the applicant meets the requirements set out in subparagraph 5(1)(c)(i) of the Act;

  • (d) whichever of the following numbers that was most recently issued to the applicant:

    • (i) a social insurance number,

    • (ii) an individual tax number assigned to them by the Canada Revenue Agency, or

    • (iii) a temporary tax number assigned to them by the Canada Revenue Agency;

  • (e) if the applicant has one of the numbers referred to in subparagraphs (d)(i) to (iii), evidence that establishes that the applicant consents to the sharing of their tax information by the Canada Revenue Agency with the Minister;

  • (f) if the applicant does not have one of the numbers referred to in subparagraphs (d)(i) to (iii), a declaration stating that they do not have such a number and were not required to file a return of income under the Income Tax Act for each of the taxation years that are fully or partially within the five years before the day on which their application is made;

  • (g) if the applicant is at least 18 years of age but is under 55 years of age on the day on which their application is made, evidence that establishes that they have an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that they meet the criteria set out in section 14 of the Regulations;

  • (h) two photographs of the applicant in the format specified on the prescribed form; and

  • (i) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

• Marginal note:Application under subsection 5(1) of Act — Canadian Forces members

  (2) An application made under subsection 5(1) of the Act by a permanent resident who is a member or a former member of the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) evidence that establishes the applicant’s date and place of birth;

  • (b) any document created by Canadian immigration authorities, or other evidence, that establishes the date on which the applicant became a permanent resident;

  • (c) evidence that establishes that the applicant has completed at least three years of service in the Canadian Forces during the six years before the day on which their application is made;

  • (d) whichever of the following numbers that was most recently issued to the applicant:

    • (i) a social insurance number,

    • (ii) an individual tax number assigned to them by the Canada Revenue Agency, or

    • (iii) a temporary tax number assigned to them by the Canada Revenue Agency;

  • (e) evidence that establishes that the applicant consents to the sharing of their tax information by the Canada Revenue Agency with the Minister;

  • (f) if the applicant was released from the Canadian Forces, evidence that establishes that they were released honourably;

  • (g) if the applicant is at least 18 years of age but is under 55 years of age on the day on which their application is made, evidence that establishes that they have an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that they meet the criteria set out in section 14 of the Regulations;

  • (h) two photographs of the applicant in the format specified on the prescribed form; and

  • (i) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

• Marginal note:Application under subsection 5(1) of Act — Canadian Forces

  (3) An application made under subsection 5(1) of the Act by a person who is or was attached or seconded to the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) evidence that establishes the applicant’s date and place of birth;

  • (b) evidence that establishes that the applicant has completed at least three years of service in the Canadian Forces during the six years before the day on which the application is made;

  • (c) if the applicant is at least 18 years of age but is under 55 years of age on the day on which their application is made, evidence that establishes that they have an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that they meet the criteria set out in section 14 of the Regulations;

  • (d) two photographs of the applicant in the format specified on the prescribed form; and

  • (e) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

Marginal note:Application under subsection 5(5) of Act

• 3 (1) Subject to subsection (2), an application made under subsection 5(5) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) a birth certificate of the person in respect of whom the application is made or, if unobtainable, other evidence that establishes the person’s date and place of birth;

  • (b) evidence that establishes that a birth parent of the person was a citizen at the time of the person’s birth;

  • (c) evidence that establishes that the person has met the requirements set out in paragraph 5(5)(d) of the Act;

  • (d) evidence that establishes that the person has always been stateless; and

  • (e) two photographs of the person in the format specified on the prescribed form.

• Marginal note:Application on behalf of minor child

  (2) An application referred to in subsection (1) that is made on behalf of a minor child must comply with the requirements of paragraphs 4(a) and (b) and be made in the prescribed form and filed in the manner determined by the Minister, together with the information and materials referred to in subsection (1) and subparagraphs 4(c)(iii) and (vi).

Marginal note:Application under subsection 5(2) of Act

4 An application made under subsection 5(2) of the Act on behalf of a minor child must be

• (a) made in the prescribed form by a parent or legal guardian;

• (b) countersigned by the child, if the child 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; and

• (c) filed in the manner determined by the Minister, together with the following information and materials:

  • (i) evidence that establishes the child’s date and place of birth,

  • (ii) evidence that establishes that the child is the child of a citizen,

  • (iii) if the applicant is not the child’s parent, a certified copy of an order of a court of competent jurisdiction or of a written agreement, or other evidence, that establishes that the applicant has the custody of the child,

  • (iv) any document created by the Canadian immigration authorities, or other evidence, that establishes the date on which the child became a permanent resident,

  • (v) [Repealed, SOR/2017-191, s. 2]

  • (vi) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,

  • (vii) two photographs of the child in the format specified on the prescribed form, and

  • (viii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Marginal note:Application under subsection 5.1(1) of Act — minor child

5 An application made under subsection 5.1(1) of the Act on behalf of a child who is a minor on the day on which the application is made must be

• (a) made in the prescribed form by a parent or legal guardian;

• (b) countersigned by the child if the child 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; and

• (c) filed in the manner determined by the Minister, together with the following information and materials:

  • (i) a birth certificate of the child or, if unobtainable, other evidence that establishes the child’s date and place of birth,

  • (ii) evidence that establishes that a parent of the child was a citizen at the time of the adoption,

  • (iii) in the case of an application made by a non-citizen parent or a legal guardian, evidence that establishes that the applicant is a parent or legal guardian of the child,

  • (iv) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,

  • (v) evidence that establishes that the adoption took place on or after January 1, 1947 and while the child was a minor,

  • (vi) two photographs of the child in the format specified on the prescribed form, and

  • (vii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Marginal note:Application under subsection 5.1(1) of Act — 18 years of age or more

6 An application made under subsection 5.1(1) of the Act by a person who is 18 years of age or more on the day on which the application is made must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

• (a) a birth certificate or, if unobtainable, other evidence that establishes the person’s date and place of birth;

• (b) evidence that establishes, in the case of a person who was adopted on or after January 1, 1947, that the parent of the person was a citizen at the time of the adoption or, if the person was adopted before January 1, 1947, that the parent of the person became a citizen on that date or, in the case of a person who was adopted before April 1, 1949, that the parent of the person became a citizen on that date further to the union of Newfoundland and Labrador with Canada;

• (c) evidence that establishes that the adoption took place while the person was a minor;

• (d) two photographs of the person in the format specified on the prescribed form; and

• (e) evidence that establishes that the person has paid the fees required under sections 31 and 32 of the Regulations.